'Approach Election Commission first': Supreme Court responds to plea seeking to apply POSH Act to political parties

'The petition is disposed of with liberty to petitioner to approach competent authority. In case the petitioner's grievance is not effectively addressed, she shall be at liberty to approach a judicial forum in accordance with law,' the order of the apex court read.

New Delhi: The Supreme Court on Monday declined to consider a PIL for bringing political parties within the ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).

A bench of Justices Surya Kant and Manmohan told petitioner Yogamaya to approach the Election Commission as the poll panel is the constitutional body that prevails over and regulates the political parties.

Senior advocate Shobha Gupta, appearing for the petitioner, submitted that the women in politics are to be protected and POSH Act has to be made applicable on political parties.

She said the definition itself is very clear, which covers all aggrieved women and places of work.

The petitioner stated the plea has made all six national political parties respondents.

The court asked as to what happens in case of a complaint in the unorganised sector.

To this, the counsel said the Act covered that under Section 2(p) and 6 of the Act and the definition of workplace covered private venture, society, trust, NGO, etc.

The bench asked as to what is the legal status given to a political party and as to what are the pre-requisite obligations for getting registered as a political party.

The counsel said they have to adhere to constitutional requirements; they have to have a memo of association, declaring their objects.

The court then sought to know which is the authority that can prevail upon the political parties.

The counsel replied that it was the Election Commission, which has not been made party.

"It is better that petitioner approach it first," the bench said.

"It is very fair. We will do that," the counsel said, accepting to the suggestion.

The court thus disposed of the petition with liberty to petitioner to approach the competent authority.

"In case petitioner's grievance is not effectively addressed, she shall be at liberty to approach a judicial forum in accordance with law," the bench said.

Dealing with compliance of the May 12, 2023 judgment on the subject, the Supreme Court has recently directed for setting up internal complaints committees (ICCs) in all government departments and developing SheBox portals where women can lodge complaints as it called for uniform implementation of the POSH Act across states and UTs.

The court has ordered chief secretaries of all states and union territories to conduct a nation-wide survey to identify the public and private institutions which are yet to set up an internal complaints committee (ICC) for handling complaints of sexual harassment at workplaces.