“This falls within the Parliament’s domain. How can we interfere? It is a policy matter,” a Bench of Chief Justice of India (CJI) B.R. Gavai and K. Vinod Chandran remarked.
Senior advocate Shobha Gupta, appearing for the petitioner, submitted that she was not seeking the enactment of a new law, but merely an interpretation that would bring political parties within the ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — commonly known as the ‘POSH Act’.
Gupta pointed out that a Kerala High Court judgment had held that a political party is not legally required to establish an Internal Complaints Committee under the PoSH Act, as there is no employer-employee relationship among its members. Therefore, the matter should not be construed as strictly falling within the domain of the legislature, she argued.
At this, the CJI Gavai-led Bench advised the senior counsel to challenge the Kerala High Court decision independently by filing a special leave petition before the apex court.
She then chose to withdraw the PIL, which the court allowed. Granting liberty to take ‘such steps as advised in law’, the Supreme Court ultimately dismissed the plea as withdrawn.
In December last year, the apex court had disposed of a similar plea but directed the petitioner to approach the Election Commission of India (ECI), stating that the poll body was the competent authority to urge recognised political parties to establish an internal mechanism for handling complaints of sexual harassment.
“In case the petitioner’s grievance is not effectively addressed, she shall be at liberty to approach the judicial forum in accordance with the law,” the apex court had ordered.
As per the fresh PIL, the petitioner sent a representation to the ECI in March this year, and to date, no response has been received from the poll body.
The PIL sought a declaration that political parties are bound to follow the procedure for protection of women in the workplace under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
It prayed the apex court to expand the scope of the POSH Act to include political party workers, ensure that political parties are held accountable for providing a safe work environment and protect individuals who work with political parties from sexual harassment.
Apart from the Union government and the ECI, the PIL impleaded the Congress, the Bharatiya Janata Party, the CPI(M), the CPI, the Trinamool Congress, the Nationalist Congress Party, the National People’s Party, the Bahujan Samaj Party, and the Aam Aadmi Party, in the memo of parties.
