The Supreme Court has declined to hear a petition seeking the inclusion of political parties under the ambit of the POSH Act (Prevention of Sexual Harassment at Workplace Act, 2013).
A bench led by Chief Justice of India DY Chandrachud and Justice BR Gavai stated that the issue lies solely within the jurisdiction of the Parliament and not the judiciary.
The bench advised the petitioner, Yogmaya MG, to challenge the Kerala High Court’s ruling in the appropriate legal forum.
Advocate Shobha Gupta, appearing on behalf of the petitioner, argued that the High Court’s judgment should not prevent Parliament from making a law on the matter.
She said the High Court verdict does not preclude the court from recognising the importance of the issue.
The Supreme Court had earlier advised the petitioner to approach the Election Commission, prompting the petitioner to refile the petition.
PIL Sought Mandatory POSH Compliance from Political Parties
The Public Interest Litigation (PIL) demanded that the Supreme Court bring political parties under the purview of the POSH Act to ensure protection for women working within party structures.
The petition named several major political parties, including:
- Indian National Congress
- Bharatiya Janata Party (BJP)
- Communist Party of India (Marxist)
- Communist Party of India
- Trinamool Congress
- Nationalist Congress Party
- National People’s Party
- Bahujan Samaj Party
- Aam Aadmi Party
The petition also urged the Supreme Court to declare that political parties must comply with the provisions of the POSH Act and establish Internal Complaints Committees (ICCs) as per the guidelines issued in the Vishaka vs State of Rajasthan case.
SC Recently Issued New Guidelines on POSH Implementation
In a recent order, the Supreme Court issued detailed directions for strengthening the implementation of the POSH Act:
- All state governments must appoint district officers for POSH cases by December 31, 2024
- District-level complaint committees must be formed by January 31, 2025
- Nodal officers must be appointed at the tehsil level
- All details of nodal officers and complaint committees must be published on the SHe-Box portal
- District Magistrates must conduct surveys to ensure the formation of ICCs in government and private institutions
- The government has made the formation of ICCs in every office mandatory.
The POSH Act (2013) aims to ensure a safe and secure workplace for women employees. It mandates every office to form an Internal Complaints Committee to address complaints of sexual harassment.
The Act provides wide-ranging powers to these committees to investigate and take action. It also defines the administrative responsibility of district-level authorities in monitoring compliance.
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