SC Refuses To Entertain Plea To Apply POSH Act To Political Parties

The Supreme Court on Friday refused to entertain a Public Interest Litigation (PIL) seeking direction to apply the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) to all political parties across the country.

A bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran said that the issue falls within the domain of the parliament.

“This is the domain of the Parliament. How can we interfere? It is a matter within the domain of policy,” said CJI Gavai to senior advocate Shobha Gupta representing the petitioner.

The bench allowed the petitioner to withdraw the plea with liberty to challenge a judgment of the Kerala High Court, which held that the POSH Act wouldn’t apply to political parties.

The petitioner filed by advocate Yogamaya MG highlighted non-compliance with the Act by political parties, particularly when it comes to the constitution of Internal Complaints Committees (ICCs) to deal with sexual harassment complaints.

It sought direction that all political parties constitute ICCs in compliance with Section 4 of the PoSH Act, 2013 and declare that individuals engaged in activities within political parties fall within the scope of “employees” under Section 2(f) of the POSH Act.

“Direct the Election Commission of India to mandate compliance with the POSH Act as a prerequisite for political parties’ registration and recognition under the Representation of the People Act, 1951,” the petition stated.

The petition has made the Indian National Congress, Bharatiya Janata Party, Communist Party of India (Marxist), Communist Party of India, All India Trinamool Congress, Nationalist Congress Party, Nationalist People’s Party, Aam Aadmi Party and Bahujan Samaj Party as respondents in the petition. (ANI)