Supreme Court Today (Aug 1) refused a petition asking for the PoSH Act to be applied to political parties, saying it’s a matter for Parliament. The petitioner has now withdrawn the plea to explore other legal options.
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NEW DELHI: The Supreme Court of India refused to hear a writ petition that wanted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) to be applied to political parties.
The court clearly said that only Parliament can decide on such matters.
A bench led by Chief Justice of India BR Gavai and Justice K Vinod Chandran made it clear during the hearing that the issue is not for the judiciary to decide but falls under the powers of Parliament.
“This is only in domain of parliament,”
-the bench stated firmly.
The lawyer representing the petitioner pointed out that the Kerala High Court had already given a judgment related to this issue. So, they argued, it is not only for the legislature to decide.
However, the Supreme Court was not convinced and said that the Kerala High Court’s decision can be challenged in a higher court, meaning an appeal is the proper route.
Due to this, the top court decided not to hear the case further and dismissed the petition.
The petitioner then asked the Court for permission to withdraw the plea. The bench agreed and gave liberty to the petitioner to explore other legal remedies.
“Withdrawal allowed to pursue remedies as available in law,”
-the court noted in its official order.
The person who filed the case is Advocate Yogamaya MG, a practicing lawyer in the Supreme Court. She brought this matter to the court because she believed that political parties are not following the PoSH Act properly.
She especially highlighted how these parties are not forming Internal Complaints Committees (ICCs) to deal with complaints of sexual harassment, as required under the Act.
In her petition, she asked the Court to interpret the words ‘workplace’ and ’employer’ in the PoSH Act in a way that includes political parties too. Her argument was that even political parties should come under the law meant to protect women from workplace sexual harassment.
Interestingly, this was not the first time Advocate Yogamaya MG had approached the Supreme Court on this issue. Earlier, the court had told her to first contact the Election Commission of India (ECI) for help.
However, after she didn’t receive any response from the ECI, she again came back to the Supreme Court with this fresh plea.
She was represented by Senior Advocate Shobha Gupta, along with Advocates Sriram Parakkat and Deepak Prakash, during the hearing.
CASE TITLE:
Yogamaya MG v. Union of India and Others.
What Is 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 aim of the Act is 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 from 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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