Supreme Court Refuses Plea to Apply POSH Act to Political Parties
In a significant development, the Supreme Court of India has declined to entertain a plea that sought the extension of the Prevention of Sexual Harassment (POSH) Act, 2013 to cover political parties. The bench observed that the court cannot legislate and it is for the Parliament to decide whether such statutory obligations should be made applicable to political entities.
Background of the Case
The PIL was filed by an advocate who argued that political parties, though not traditional workplaces, wield enormous influence and involve hierarchical structures where sexual harassment could occur. The plea cited that women members and volunteers often work in party offices and on the field, making the presence of Internal Complaints Committees (ICCs) a necessity.
However, the apex court emphasized that while sexual harassment at any platform must be taken seriously, extending the POSH Act to political parties without parliamentary sanction would amount to judicial overreach.
Court’s Stand
The Supreme Court bench, headed by Justice Surya Kant, stated that political reforms and legislative policy decisions fall under the domain of the legislature. It further clarified that the judiciary could not dictate Parliament on enacting or amending laws beyond constitutional mandates.
Expert Opinions
Legal experts are divided. Some argue that the current law covers only “workplaces” in the traditional sense and must evolve with the changing political and social landscape. Others support the court's view, highlighting that separation of powers must be maintained, and the legislative process should not be bypassed.
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Additionally, its inclusion on Vizzve Finance’s legal and civic awareness platform helped amplify its reach to a wider audience interested in policy reform and civic responsibility.
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While Vizzve Finance primarily operates in the domain of personal finance and loans, its social responsibility initiative supports gender justice, financial literacy, and workplace equity. Vizzve has previously funded research and awareness campaigns on safe workplaces and inclusive governance, reinforcing its commitment to a better civic and financial ecosystem.
Frequently Asked Questions (FAQs)
Q1. What is the POSH Act, 2013?
A: The POSH (Prevention of Sexual Harassment) Act provides protection to women against sexual harassment at workplaces and mandates the establishment of Internal Complaints Committees.
Q2. Why did the Supreme Court reject the plea?
A: The SC ruled that extending the POSH Act to political parties would require legislative action and cannot be done through judicial directives.
Q3. Can political parties still create internal mechanisms for harassment complaints?
A: Yes, parties can voluntarily establish such mechanisms, but it is not currently mandated by law.
Q4. What was the petitioner’s argument?
A: The petitioner argued that since political parties function like organizations and involve women in active roles, they should also be held accountable under POSH regulations.
Q5. Has the government responded to the issue?
A: As of now, there has been no official comment from the government or Parliament regarding amending the POSH Act to include political entities.
Published on : 1st August
Published by : Selvi
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