POSH Act Unenforceable in Political Parties, Supreme Court Declares

The Supreme Court has ruled that the POSH Act, which aims to protect women from sexual harassment, will not be applied to political parties. The court has determined that political parties do not constitute workplaces and thus are not subject to the Act’s provisions. The court, presided over by Chief Justice B.R. Gavai, along with Justices K. Vinod Chandran and N.V. Anjaria, stated that recognizing political parties as workplaces would create numerous complications. The decision was made in response to a special leave petition filed by advocate Yogmaya M.G., which challenged the Kerala High Court’s decision that political parties are not required to form Internal Complaints Committees (ICCs) under the POSH Act. The petitioner argued that exempting political parties from the POSH Act would leave women in vulnerable positions. Senior advocate Shobha Gupta, representing the petitioner, asserted that the POSH Act should apply without exceptions. The court disagreed, emphasizing that political parties do not function as traditional workplaces. The court declined to intervene, upholding the Kerala High Court’s decision. The petition sought for political parties to be classified as employers under the POSH Act, mandating the establishment of ICCs. Several political parties, including major national parties and regional entities, were named as respondents in the petition.