Supreme Court Declines Plea to Mandate POSH Committees In Political Party Offices

The Supreme Court on Friday refused to entertain a plea seeking the formation of Internal Complaints Committees (ICCs) in the offices of political parties to hear sexual harassment complaints. A bench headed by Chief Justice BR Gavai stated that making laws is the responsibility of the Parliament.

The plea was filed by Yogmaya M.G., who urged the court to direct all political parties to establish ICCs under the Prevention of Sexual Harassment at Workplace (POSH) Act. She argued that most political parties have not set up any such mechanism to address workplace harassment.

Reference to Kerala High Court Ruling

Senior advocate Shobha Gupta, representing the petitioner, cited a Kerala High Court judgement which held that there is no employer-employee relationship between political parties and the people working in their offices. Gupta said this ruling posed a hurdle in implementing ICCs within political parties.

In response, the Chief Justice remarked that the petitioner is free to file a separate petition challenging that specific verdict.

What Is the POSH Act?

The POSH Act, 2013, formally known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, aims to ensure a safe working environment for women. It mandates the creation of Internal Complaints Committees in every workplace to address sexual harassment complaints. These committees have broad powers to investigate and take action.

For offices without an ICC, typically smaller workplaces, complaints can be addressed through a Local Complaints Committee (LCC) constituted by the district administration.

Not the First Dismissal

This isn’t the first time the Supreme Court has declined to intervene in the matter. In December last year, another bench led by Justice Surya Kant advised the same petitioner to approach the Election Commission of India. The bench noted that since political parties are registered with the Election Commission, the matter should first be taken up with the poll body.

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