The Supreme Court on PoSH Act dismissed a plea seeking to apply the sexual harassment law to political parties, ruling that membership in a party is not employment.
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NEW DELHI: The Supreme Court on September 15, 2025, dismissed a plea seeking to extend the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 (POSH Act) to political parties.
The petition, filed by Advocate Yogamaya M.G. through Advocate-on-Record Sriram P., challenged a 2022 Kerala High Court ruling that excluded political parties from PoSH obligations.
The petition, argued by Senior Advocate Shobha Gupta, sought clarity on whether political parties should fall within the definition of a “workplace” under the Act.
The Argument: POSH Act Covers More Than Employees
Adv. Gupta argued that the Kerala High Court had wrongly restricted the definition of “aggrieved woman” only to employees, whereas the POSH Act provides a broader scope.
“The Act provides a broader scope, covering women whether employed or not,”
argued Sr. Adv. Shobha Gupta.
She contended that political parties, being organised structures, should be accountable under the POSH framework.
The plea highlighted that women volunteers, campaigners, interns, and grassroots activists often operate in vulnerable environments without grievance redressal mechanisms. It further contended that excluding political parties is arbitrary, discriminatory, and violative of Articles 14, 15, 19, and 21 of the Constitution.
The petition named several major political parties and institutions as respondents, including the BJP, Congress, AAP, CPI(M), CPI, NCP, AITC, BSP, NPP, AIPC, the Union of India, and the Election Commission.
It also flagged inconsistencies in party practices:
- CPI(M) has set up ICCs with external members.
- AAP’s redressal structure remains opaque.
- BJP and Congress handle complaints through disciplinary committees rather than statutory ICCs.
The Bench’s Concern
However, the Bench led by CJI B.R. Gavai raised concerns about the implications of such an expansion.
“How can political parties be treated as a ‘workplace’?”
asked CJI Gavai during the hearing.
He further cautioned against the unintended consequences of such a move.
“This could open a Pandora’s box for blackmail. Membership in a party is not employment,”
observed the CJI.
After hearing the submissions, the Supreme Court dismissed the plea, clarifying that political party membership does not constitute employment, and hence, political parties cannot be treated as workplaces under the POSH Act.
Earlier in the Supreme Court
Earlier on August 1, 2025, the Supreme Court of India refused to entertain a writ petition seeking the extension of the PoSH Act, 2013, to political parties, holding that the issue falls within the domain of Parliament.
The petition was filed by Advocate Yogamaya MG, who argued that political parties should also be treated as workplaces and required to establish Internal Complaints Committees (ICCs). She relied on a Kerala High Court ruling to support her plea.
A bench led by CJI BR Gavai and Justice K. Vinod Chandran firmly stated:
“This is only in domain of Parliament.”
The Court clarified that the Kerala High Court’s ruling can be challenged through an appeal rather than a fresh writ petition.
Following this, the petitioner sought to withdraw the plea to explore other legal remedies. The Court permitted the withdrawal, recording:
“Withdrawal allowed to pursue remedies as available in law.”
This marks Advocate Yogamaya MG’s second attempt on the issue, as her earlier petition was directed to the Election Commission of India (ECI), from which she did not receive a response.
What Is the PoSH Act?
The PoSH Act stands for Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It is a law in India designed to protect women from sexual harassment at their workplace and to provide a proper legal system for prevention, redressal, and punishment in such cases.
Main Purpose of the PoSH Act
The Act aims to ensure that women can work in a safe and secure environment without fear of sexual harassment. It lays down rules and procedures for handling complaints and holding the offenders accountable.
Key Features of the PoSH Act
- Definition of Sexual Harassment
The Act clearly explains what is considered sexual harassment. This includes unwanted physical contact, asking for sexual favours, making sexually coloured remarks, showing pornography, or any other unwelcome behavior of a sexual nature. - Internal Complaints Committee (ICC)
Every workplace with 10 or more employees must form an Internal Complaints Committee (ICC). This committee is responsible for receiving and investigating complaints of sexual harassment. - Time Frame to File Complaint
A woman can file a complaint within three months of the date of the incident. In certain cases, this time can be extended if there is a valid reason for the delay. - Confidential Proceedings
The identity of the complainant, respondent, and witnesses must be kept confidential throughout the process. - Penal Action for False Complaints
If a complaint is found to be false and made with malicious intent, the law allows for action to be taken against the complainant after proper investigation. However, mere inability to prove the complaint does not attract punishment. - Applicability
The Act applies to all sectors – government, private, organized and unorganized. It includes offices, educational institutions, hospitals, NGOs, and even domestic workplaces.
Importance of the PoSH Act
The Act plays a crucial role in ensuring that women have a legal safeguard against harassment at work. It holds employers accountable and provides women with a safe space to raise their voice and seek justice.
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