The Supreme Court on Friday declined to entertain a Public Interest Litigation (PIL) seeking to bring political parties within the ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act.
A bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran observed that the issue raised falls squarely within the domain of Parliament and is not a matter for judicial intervention.
The PIL, filed by petitioner Yogamaya M.G., was argued by senior advocate Shobha Gupta, who contended that major political parties must be treated as “employers” under the POSH Act. Such a classification, she argued, would obligate them to constitute Internal Complaints Committees (ICCs) to address complaints of sexual harassment within their organisational structure.
“This is a matter in the domain of Parliament. How can we interfere?” Chief Justice Gavai remarked during the hearing. He suggested that the petitioner could consider garnering support from women parliamentarians and seek the introduction of a private member’s bill in the legislature to address the issue.
In response, Gupta argued that the plea did not demand new legislation but rather a judicial interpretation of the existing provisions of the POSH Act to include political parties. She pointed out that despite the passage of over a decade since the enactment of the law, Parliament had not taken any steps to bring political parties within its purview.
The counsel also referred to a 2021 Kerala High Court ruling which held that political parties are not mandated to form ICCs under the POSH Act. However, the Supreme Court bench noted that the said judgment could be challenged separately.
Granting the petitioner the liberty to explore alternate remedies, the court recorded in its order: “The learned senior counsel for the petitioner seeks liberty to withdraw the petition with a further liberty to take such steps as advised in law.”
The petition had named several political entities as respondents, including the Centre, the Election Commission, and major national parties such as the Indian National Congress, Bharatiya Janata Party, CPI(M), CPI, Trinamool Congress, Nationalist Congress Party, Bahujan Samaj Party, and the Aam Aadmi Party.
The POSH Act, enacted in 2013, provides a legal framework for addressing sexual harassment of women at workplaces. However, its application to political parties — despite their significant organisational structure and employment of both paid and volunteer workers — remains ambiguous in the absence of specific legislative direction.
