NEW DELHI: The Supreme Court (SC) on Monday directed the Election Commission (EC) to evaluate whether registered political parties could be brought under the ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). This move comes amid concerns that incidents of sexual harassment within political parties often go unreported or are hushed up.
Senior advocate Shobha Gupta, representing petitioner Yogamaya G, told a bench of Justices Surya Kant and Manmohan that while many women are active in politics, only the CPI(M) has an internal complaints committee (ICC) with external members. The petitioner alleged that parties such as the BJP and Congress lack an adequate ICC structure as mandated by law, while the Aam Aadmi Party’s committee lacks transparency. Gupta argued that political parties, which pledge allegiance to the Constitution, must adhere to laws protecting women’s dignity.
Bench’s Observations
The SC noted that equating political parties with traditional employer-employee structures might not be entirely accurate but acknowledged the significance of addressing harassment within political organizations. The court suggested that the matter requires detailed examination by the EC.
The bench advised the petitioner to await the EC’s response and clarified that she could approach the court again if dissatisfied.
Harassment Reports in Politics
The petitioner cited a 2014 NDTV article narrating an incident where a Congress member publicly kissed actress-turned-politician Nagma, leaving her visibly upset. Additionally, a report by the Centre for Social Research highlighted widespread harassment faced by women in politics. According to the report, 50% of respondents faced verbal abuse, 45% reported physical violence or threats, and 67% of women politicians identified male contestants as perpetrators, with 58% naming party colleagues.
The prevalence of harassment, particularly during election campaigns, was identified as a key barrier preventing women outside political families from entering politics.
Legal Precedent
The SC’s observations follow a March 2022 ruling by the Kerala High Court, which stated that political parties are not legally required to establish ICCs under the POSH Act due to the absence of an employer-employee relationship.
The matter has been adjourned, with further developments pending the EC’s response. This case underscores the urgent need for mechanisms to ensure women’s safety and dignity in political spaces.
