Approach ECI first: SC to petitioner seeking to apply PoSH Act to political parties

The Supreme Court on Monday disposed of a plea seeking application of 'Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act)' to political parties, observing that the petitioner should first approach the Election Commission of India.

A bench comprising justices Surya Kant and Manmohan said that the petitioner can approach the court if ECI fails to act on the representation. "Why does the petitioner approach not the Election Commission of India.. If nothing happens, you can come here," the bench orally observed. Accordingly, the bench disposed of the plea with liberty to the petitioner to re-approach the court if ECI fails to redress the petitioner's grievance.

The petitioner Yogamaya MG, a Supreme Court lawyer, petitioned the top court highlighting non-compliance of the PoSH Act by political parties, particularly when it comes to constitution of Internal Complaints Committee (ICC) to deal with sexual harassment complaints.


The plea, therefore, demanded that the definitions of 'workplace' and 'employer' under the PoSH Act be harmoniously interpreted to make the Act applicable to political parties.