New Delhi – In a significant ruling, the Supreme Court of India has dismissed a plea seeking to bring political parties under the purview of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly known as the POSH Act. The top court held that political parties cannot be considered “workplaces” under the Act because a membership in a political organization does not constitute an “employer-employee” relationship.
The bench, led by Chief Justice of India (CJI) Bhushan R. Gavai, alongside Justices K. Vinod Chandran and N.V. Anjaria, was hearing a special leave petition that challenged a 2022 Kerala High Court judgment which had previously stated that political parties were not obligated to constitute Internal Complaints Committees (ICCs) under the POSH Act.
Senior advocate Shobha Gupta, representing the petitioner, argued that the POSH Act’s definitions of “workplace,” “employer,” and “employee” were deliberately broad to ensure comprehensive protection. She contended that excluding political parties leaves women in politics vulnerable and without recourse for sexual harassment.
However, the Supreme Court remained unconvinced. The bench questioned the petitioner’s argument, asking, “How do you declare a political party a workplace? Is there any employment there?” The court emphasized that joining a political party is a voluntary act and not a job, as members typically do not receive remuneration for their work.
The apex court concluded that extending the POSH Act to include political parties would “open the Pandora’s box to blackmail the members.” The ruling upholds the principle that the statutory scheme of the Act is based on a fundamental employer-employee relationship, which is absent in the context of political party membership.