Plea in Supreme Court seeks political parties to comply with POSH law
The plea argues that political parties are covered by the ambit of the 2013 Act, therefore, bound to follow the procedures outlined in it.
It said in 2024 the petitioner, Yogamaya MG, an advocate, filed a similar plea in the top court, which granted her the liberty to move the competent authority.
The petitioner sent a representation to the Election Commission of India but has received no response till date, the plea added.
Safe environment for women political workers
Before the top court now, she sought directions to ensure a safe and inclusive work environment for women in political parties and holding political parties accountable to prevent and address sexual harassment.
With Centre and political parties, including BJP and Congress added as respondents, the plea sought a direction to constitute a grievance redressal mechanism to tackle the menace of sexual harassment in line with the apex court's directions in the landmark Vishaka verdict and the 2013 Act.
"This writ petition challenges the exclusion of female political workers from the ambit of protection under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)," the plea filed through advocate Sriram P said.
Vulnerability of women grassroot workers
Despite the Act's progressive intent, the plea said, women political workers particularly at the grassroots remain vulnerable to sexual exploitation during campaigns and party work, with no effective legal remedy under the existing legislative framework.
"Citing studies by UN Women (2013) and the Inter-Parliamentary Union (2016), which highlight widespread psychological and sexual harassment of women in political spaces, the petition underscores the urgent need for inclusion and protection of such workers under POSH," the plea said.
The petitioner argued absence of rationale or intelligible differentia to exclude women in politics from protection available to women in other professions.
Political party workers fit the definition of "employees" under the Act and the petition seeks to establish a clear framework for preventing and addressing sexual harassment within political parties, the petitioner said.
The plea also sought a direction to political parties to constitute an internal complaints committee to address complaints of sexual harassment in adherence of the mandate of the 2013 Act.
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