The Supreme Court of India refused to hear a petition that asked to include political parties under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). The court raised doubts over whether political parties can be considered workplaces and if their members could legally be treated as employees under the Act.
A bench led by Chief Justice of India B.R. Gavai, along with Justices K. Vinod Chandran and N.V. Anjaria, heard a Special Leave Petition (SLP) filed by advocate Yogamaya MG. The petition challenged a 2022 judgment of the Kerala High Court, which had said that political parties need not form Internal Complaints Committees (ICCs) under the POSH Act because their members are not formally employed.
The petition argued that this interpretation excludes many women working in political parties, as volunteers, campaigners, interns, or activists, people with informal roles that often lack safety mechanisms. It said that excluding political parties from the POSH Act goes against its spirit, especially since the law was enacted to broaden protection following Supreme Court rulings like Vishaka v. State of Rajasthan.
Supreme Court’s Decision
The Supreme Court bench held that political parties cannot be considered “workplaces” in the conventional sense. It observed there is no employer-employee relationship in political parties and said that joining a party does not bring payment or formal employment. The bench expressed concern that expanding definitions too far could lead to legal complications.
Critics of Monday’s decision say many women in politics remain vulnerable due to a lack of formal redressal systems. As highlighted in the SLP, these women have no guaranteed Internal Complaints Committees, leaving them exposed to harassment without protection.
The petition invoked fundamental rights under Articles 14 (equality), 15 (non-discrimination), 19(1)(g) (freedom of profession), and 21 (life and personal liberty) of the Constitution, arguing that the Kerala High Court ruling is unconstitutional. For now, political parties remain outside POSH’s legal requirement to set up ICCs.
