The Supreme Court of India on Monday instructed the petitioner in a Public Interest Litigation (PIL), which sought the application of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act) to political parties, to first approach the Election Commission of India (ECI) with the grievance.
A bench of Justices Surya Kant and Manmohan emphasized that the ECI, being responsible for the registration and regulation of political parties, was the correct authority to address the issue. Senior advocate Shobha Gupta, representing petitioner Yogamaya MG, agreed with the court’s observation and stated that her client would move forward by approaching the ECI.
The bench further stated that if the issue remained unresolved, the petitioner could seek relief from a competent legal forum.
The petition was disposed of with the court granting the petitioner the liberty to approach the appropriate authority. The bench added, “In case the petitioner’s grievance is not effectively addressed, she shall be at liberty to approach a judicial forum in accordance with the law.”
In the PIL, 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 were listed as respondents.
The petition highlighted the failure of political parties to comply with the PoSH Act, particularly in terms of constituting Internal Complaints Committees (ICCs) to address sexual harassment complaints.
The plea requested the court to direct political parties to set up ICCs in line with Section 4 of the PoSH Act, 2013, and to declare that individuals associated with political parties should be recognized as “employees” under Section 2(f) of the Act.
Additionally, the petitioner sought a directive to the Election Commission to make adherence to the PoSH Act a mandatory requirement for the registration and recognition of political parties under the Representation of the People Act, 1951.
This case sheds light on the ongoing issue of sexual harassment within political parties and the need for stronger legal frameworks and enforcement to protect the rights of women in these spaces.
