POSH Act not applicable to political parties, says SC

The Supreme Court dismissed a plea, seeking to bring registered political parties under the ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, citing that it would pave the way to blackmail party members.

The act came into being in 2013 to protect women from sexual harassment at the workplace and ensure a safe work environment. However, political parties except the CPI(M) have no Internal Complaints Committees.

While hearing an appeal, a bench of Chief Justice of India B R Gavai, Justices K Vinod Chandran and Atul S Chandurkar warned that applying the POSH Act to political parties would open a Pandora's box and become a tool for blackmail and misuse.

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'Joining political party is not employment'

"How do you equate political parties as a workplace? When a person joins a political party, it is not employment. It is not a job as they join political parties of their own volition and on a non-remuneration basis. How can the law against sexual harassment in the workplace include political parties? This will open a Pandora's box to blackmail the members," the bench told the petitioner.

The top court was hearing an appeal against a 2022 Kerala High Court judgment, which said political parties were under no compulsion to establish ICCs in the absence of an employee-employer relationship.

Senior advocate Shobha Gupta, appearing for petitioner Yogamaya M G, submitted that though many women were active members of political parties, only the CPM had an ICC. The top court had earlier refused to hear a PIL with a similar prayer.

(With inputs from agency)