SC declines to entertain PIL for bringing political parties under POSH Act

New Delhi: The Supreme Court on Friday refused to entertain a PIL for bringing political parties within ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), saying it was a matter of legislative policy.

A bench of Chief Justice of India B R Gavai and Justice K Vinod Chandran told petitioner advocate Yogamaya M G that the court can't interfere into the matter, as this falls within the domain of Parliament.

The court suggested the petitioner's counsel senior advocate Shobha Gupta to get some women Parliamentarians on board and present a private member bill.

The counsel contended the petitioner wanted not an enactment but interpretation of the POSH Act to bring political parties within its ambit.

She said the petitioner earlier too filed a similar plea which was disposed of to enable her to file a representation. The instant plea was filed, as no action was taken, she said.

The counsel contended the political parties would constitute "workplace" and "employer" within the meaning of the POSH Act, so they have to comply with the provisions to address sexual harassment of women political workers. She also referred to a Kerala High Court's 2021 judgment, holding the political parties were not required to constitute Internal Complaints Committee under the POSH Act.

The court, however, said the high court's judgment has to be assailed independently.

As the bench was not inclined to consider the plea, the petitioner preferred to the withdraw the matter.

On December 9, 2024, the apex court had declined to consider the similar PIL by the petitioner asking her to approach the Election Commission as the poll panel is constitutional body that prevailed over and regulated the political parties.

The petitioner contended the women in politics are to be protected and POSH Act has to be made applicable on political parties.

In a judgment on May 12, 2023, the Supreme Court has directed for setting up internal complaints committees (ICCs) in all government and private 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 had then ordered for conducting 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.