Petitioner Seeks Supreme Court Ruling to Bring Political Parties Under POSH Act
(Judicial Quest News Network)
A writ petition has been filed in the Supreme Court seeking the application of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013—commonly known as the POSH Act—to political parties across India.
Filed by Yogamaya M.G., a practicing advocate at the Supreme Court, the petition argues that the exclusion of female political workers from the protections of the POSH Act violates Articles 14, 15, 19(1)(g), and 21 of the Constitution. The present petition has been filed through Advocate-on-Record Sreeram Prakat.
“The petition aims to ensure that political parties comply with the POSH Act and provide a safe work environment for women, free from sexual harassment. By invoking Article 32, the Petitioner seek the Court’s extraordinary jurisdiction to enforce fundamental rights and ensure that the Respondents (like political parties or relevant authorities) take necessary action”
The plea also calls for the constitution of a grievance redressal mechanism in line with the Supreme Court’s landmark 2013 Visakha v. State of Rajasthan judgment.
Citing reports by UN Women (2013) and the Inter-Parliamentary Union (2016), which reveal widespread instances of psychological and sexual harassment of women in political spaces, the petitioner emphasizes the urgent need for legislative protection for female political workers. She argues that denying these protections amounts to arbitrary discrimination with no rational basis, as women in other professional sectors are already covered under the Act.
“The Prevention of Sexual Harassment (POSH) Act is designed to provide a legal framework for preventing and addressing sexual harassment in the workplace. Sections 2(o) and 2(g) define “employer” and “workplace,” respectively, but notably exclude political parties from these definitions. This exclusion could undermine the validity and effectiveness of various Sections of the Act, potentially leading to legal challenges that might result in the striking down of specific provisions.”
The petition seeks judicial recognition of the rights of women in politics and calls for the establishment of a uniform redressal system to ensure their safety and dignity at the workplace.
The plea points out that some political parties—including the CPI(M), BJP, Congress, and the All-India Professionals Congress—have set up Internal Committees (ICs) as required under the POSH Act. However, it notes inconsistencies and lack of transparency in their implementation. For example, the details of the IC members formed by the Aam Aadmi Party (AAP) remain undisclosed. The BJP reportedly has only 10 such committees, which are either overseen by disciplinary panels or managed at the state level.
Respondents in the case include the BJP, Congress, AITC, AAP, BSP, and the Election Commission of India.
A similar petition by the same petitioner was filed in 2024 and disposed of with directions to approach the appropriate authorities. Though a representation was made to the Commissioner, no response has been received.
Notably, the Supreme Court issued extensive guidelines for the effective implementation of the POSH Act in its December 3, 2024 order and continues to monitor its enforcement nationwide.
