A Public Interest Litigation has been filed in the Supreme Court of India advocating for the implementation of the PoSH Act in political parties. The petition underscores the lack of Internal Complaints Committees across major parties and highlights inadequate reporting mechanisms for sexual harassment, urging the need for standardized practices for women’s safety and empowerment in politics.
New Delhi: A Public Interest Litigation (PIL) has been filed before the Supreme Court of India, urging the application of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act) to political parties across the country. Filed by Supreme Court lawyer Advocate Yogamaya MG, the petition will be heard by a Bench of Justices Surya Kant and Manmohan on December 9, 2024.
The PIL raises serious concerns about the non-compliance of political parties with the PoSH Act, particularly regarding the establishment of Internal Complaints Committees (ICCs) to address sexual harassment cases.
According to the petition:
- CPI(M): Has set up ICCs with external members.
- AAP: Lacks transparent details about its Committees.
- BJP: Admitted to having inadequate ICC structures, with complaints often managed by Disciplinary Committees or referred to state offices.
- Congress: Faces similar issues, with complaints handled by Disciplinary Committees or state offices.
- All-India Professional Congress: Mandated an ICC, but this does not extend to the broader All India Congress Committee (AICC).
The petition argues that the absence of standardized ICCs across political parties creates inadequate mechanisms for reporting and addressing sexual harassment cases.
The plea contends that inconsistent implementation of ICCs results in a culture that tolerates or ignores sexual harassment. It states:
“The lack of transparency, inadequate structures, and inconsistent implementation of ICCs perpetuate a culture that fails to prioritize women’s safety and empowerment.”
It also highlights the structural complexity of political parties, which may hinder the effective application of the PoSH Act.
“Political parties, with their often informal and complex organizational structures, do not align with the nature of workplaces envisioned by the PoSH Act. The difficulties in applying the Act’s detailed procedures and norms within such entities could undermine its effectiveness and dilute its core objective of providing protection and redress in a structured employment context,”
the plea notes.
The PIL has requested:
- A harmonious interpretation of the definitions of ‘workplace’ and ’employer’ under the PoSH Act to include political parties.
- A grievance redressal mechanism to ensure the Act’s enforcement within political organizations.
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The petition lists the Union government and major political parties, including Congress, BJP, TMC, NCP, NPP, BSP, AAP, CPI(M), and CPI, as respondents. Advocates Sriram Parakkat and Deepak Prakash will represent the petitioner.
The PIL comes shortly after the Supreme Court sought the Central government’s response to another plea regarding the service conditions of ICC members under the PoSH Act.
This significant petition seeks to ensure that women’s safety and empowerment are prioritized across all political spheres, thereby extending the reach of the PoSH Act into uncharted territories of Indian governance. The outcome of this case could redefine the relationship between politics and workplace safety in India.
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