Supreme Court to Review Kerala High Court’s Interpretation of POSH Act
A Special Leave Petition (SLP) challenging a 2022 ruling by the Kerala High Court has been filed in the Supreme Court. The High Court had partially upheld the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), but its interpretation has been deemed “narrow and restrictive” by the petitioners.
Petition Details
The SLP, submitted by Advocate Yogamaya MG under Article 136 of the Constitution, contests the verdict issued in W.P.(C) No. 36059 of 2018 on March 17, 2022. Petitioners argue that the ruling has inadvertently excluded many women, particularly those in non-traditional work environments such as film, media, and politics, from the protections offered by the POSH Act.
Key Concerns Raised
The petition, filed through Advocate-on-Record Sriram P., states that the POSH Act was crafted with the intent of offering broad protection to various categories of women workers. This aligns with significant Supreme Court judgments, including Vishaka v. State of Rajasthan (1997) and Medha Kotwal Lele v. Union of India (2013).
The High Court’s interpretation, however, has limited the enforcement of the law in three crucial areas:
- Internal Complaints Committees (ICCs) are required only for individual film production units employing over 10 individuals, excluding major industry associations such as AMMA and FEFKA.
- Political parties are not mandated to establish ICCs due to the absence of a traditional employer-employee relationship.
- Women employed in organizations with fewer than 10 workers can only approach Local Complaints Committees, with no requirement for sector-specific redressal mechanisms.
Impact on Women in Key Sectors
The petitioners express concern that this restrictive interpretation leaves women vulnerable to workplace harassment, particularly in the influential sectors of cinema, television, media, and politics. With over 2,700 registered political parties in India, the lack of a standard requirement for ICCs within these structures leaves numerous women political workers without protection.
The petition refers to research from UN Women (2013) and the Inter-Parliamentary Union (2016), which identifies prevalent cases of sexual and psychological harassment faced by women in political domains globally, underscoring the urgent need to address these gaps in India.
Constitutional Rights at Stake
The argument presented asserts that the Kerala High Court’s limitation undermines fundamental rights as outlined in Articles 14, 15, 19(1)(g), and 21 of the Indian Constitution. Furthermore, it emphasizes that India has international obligations under the CEDAW Convention to provide comprehensive protections against sexual harassment across all sectors of women’s work.
A Call for Broader Interpretation
Petitioners advocate for an interpretation of the POSH Act that encompasses all women operating under de facto organizational control, whether enforced by film production associations or political entities. This perspective highlights the need for an inclusive approach to ensure adequate protection against harassment.
Previous Attempts and Current Goals
This marks the petitioners’ second attempt at leveraging the Supreme Court for change. They previously filed W.P.(C) No. 816 of 2024, which was resolved with an option to appeal to the Election Commission of India, and later W.P.(C) No. 695 of 2025, which was withdrawn for direct challenge of the High Court’s 2022 ruling.
The SLP seeks a review of the High Court decision and calls for the establishment of effective ICCs and sectoral redress mechanisms that fully implement the POSH Act and adhere to constitutional guarantees.
Recent Developments
In related news, the Supreme Court recently declined an urgent petition for the inclusion of political parties within the purview of the POSH Act, highlighting ongoing challenges in ensuring comprehensive protections for women in various workplaces.
