Supreme Court refuses to entertain PIL to bring political parties under POSH Act

The Supreme Court on Friday refused to entertain a PIL seeking to bring major political parties within the purview of the 2013 POSH Act, which aims to protect women from sexual harassment at workplaces, saying the matter was for Parliament to decide.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act came into being in 2013 to protect women from sexual harassment at workplaces and ensuring a safe work environment.

A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran was hearing the PIL filed by Yogamaya M G seeking to bring major political parties under the ambit of the POSH Act.


At the outset, senior advocate Shobha Gupta, appearing for the petitioner, sought a direction to treat political parties as "employers" under the POSH Act, saying it will require them to constitute internal complaints committees (ICCs) to address sexual harassment allegations.

"This is a matter in the domain of Parliament. How can we interfere," the CJI asked, adding that the petitioner can get some women parliamentarians on board and present a private bill in Parliament.

Gupta said Parliament has not taken any steps on the issue.

Moreover, the petitioner was not seeking any fresh legislation but merely an interpretation of the existing provisions of the POSH Act to include political parties within its ambit, she said.

She also referred to a 2021 Kerala High Court judgment, which held that political parties are not required to constitute ICCs under the POSH Act.

The CJI said the high court judgment may be challenged independently.

The lawyer then sought the liberty to challenge the high court judgement.

"The learned senior counsel for the petitioner seeks liberty to withdraw the petition with a further liberty to take such steps as advised in law," the bench said in its order.

Besides the Centre and the chief election commissioner, the plea made political outfits including the Congress, BJP, CPI (M), CPI, Trinamool Congress, Nationalist Congress Party, Bahujan Samaj Party and the Aam Aadmi Party parties in the petition.