Supreme Court Plea to Extend POSH Act Protections to Women in Political Work

A significant legal action has been initiated in the Supreme Court, requesting urgent directives to include political parties within the scope of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act.

Constitutional Concerns Raised

The plea, invoking Article 32 of the Constitution, highlights that excluding women political workers from the protections provided by the POSH Act infringes upon their fundamental rights, as outlined in Articles 14, 15, 19, and 21. The petitioner, a practicing advocate at the Supreme Court, argues that despite the POSH Act’s broad definitions of “employee” and “workplace,” many women engaged in grassroots political work are vulnerable to sexual harassment without any proper mechanism for redress.

Evidence of Systemic Harassment

Drawing attention to international studies conducted by UN Women (2013) and the Inter-Parliamentary Union (2016), the petition underscores that psychological and sexual harassment in political settings is not an isolated issue but rather a systemic problem. It posits that political work should be recognized as a form of employment under the POSH Act, thereby ensuring proper protection and accountability.

Absence of Internal Redressal Mechanisms

Currently, India is home to over 2,764 registered political parties, including 57 state parties, yet only a few have established Internal Complaints Committees (ICCs). For example, while the Communist Party of India (Marxist) has ICCs with external members, major parties such as the Bharatiya Janata Party (BJP) and the Indian National Congress rely on disciplinary committees at the state level, which lack transparency and statutory compliance.

Call for Equality in Protection

The petition argues that there is no rational basis for excluding women in politics from protections available to women in other sectors. The request is for judicial acknowledgment and directives to secure equal protection and redress mechanisms for female political workers under the POSH Act.

Legal Precedents Referenced

To bolster its case, the petition cites landmark judgments such as Vishaka v. State of Rajasthan and Aureliano Fernandez v. State of Goa, asserting that political parties, though unconventional workplaces, must legally ensure a safe working environment. Additionally, the petitioner refers to a Karnataka High Court ruling that suggests the definition of “employee” should extend to anyone engaged in an organization’s activities, including political volunteers and interns.

Critique of the Election Commission of India

The petition also critiques the Election Commission of India (ECI) for its inaction, despite a Supreme Court directive to provide a representation on the matter. The petitioner asserts that the ECI lacks statutory authority to enforce compliance with the POSH Act, which renders its advisories ineffective without judicial support.

Reported Abuse Statistics

Notably alarming statistics indicate that approximately 45% of women politicians in India report experiencing physical abuse, while 49% report verbal abuse. The petitioner argues that these figures likely underrepresent actual instances due to a culture of underreporting. The absence of accountability structures, such as ICCs within political parties, leaves female political workers without tangible avenues for redress.

Recommendations for Improvement

The petition proposes several measures aimed at creating a safer political environment, including:

• Expanding reservations for women in political roles
• Implementing stricter enforcement of laws against violence in political contexts
• Encouraging male political leaders to support a safer, inclusive environment

Case Title

Case Title: Ms. Yogamaya MG v. Union of India & Others