Supreme Court Rules Political Parties Not Workplaces, Won’t Implement POSH Act

The Supreme Court has decided against applying the POSH Act to political parties, stating that these entities do not qualify as workplaces. This decision effectively dismisses the possibility of extending the legal framework that safeguards women against sexual harassment in professional settings to the domain of politics. The bench, headed by Chief Justice B.R. Gavai, including Justices K. Vinod Chandran and N.V. Anjaria, viewed that treating political parties as workplaces could lead to significant complexities. This determination stemmed from a plea to overturn a previous ruling from the Kerala High Court, which had determined that political parties were not obliged to form Internal Complaints Committees (ICCs) under the POSH Act. The petition contended that the exclusion of political parties from the POSH Act’s purview leaves women, including volunteers and campaigners, vulnerable. Senior advocate Shobha Gupta, representing the petitioner, argued that the POSH Act should apply universally without exceptions, and that the absence of protection for women in political settings violates their rights. The court, however, found that the nature of political parties did not align with the criteria of a workplace, and consequently, declined to intervene, upholding the Kerala High Court’s ruling and denying the petition.