POSH Act and Political Parties
Context:
On December 9, the Supreme Court heard a Public Interest Litigation (PIL) seeking the application of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) to political parties.
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- The court directed the petitioner, advocate Yogamaya M G, to approach the Election Commission of India (ECI), stating it was the appropriate authority to urge political parties to establish internal mechanisms for addressing sexual harassment complaints, consistent with the POSH Act.
Applicability of the POSH Act
- The POSH Act mandates both public and private workplaces to establish Internal Complaints Committees (ICCs) to address sexual harassment.
- It applies to any workplace and protects women from sexual harassment under Section 3(1).
- The Act defines a workplace broadly, covering public and private sector organisations, hospitals, sports venues, and even locations visited by employees during their work.
- However, applying this law to political parties poses challenges, as they often lack traditional workplace structures.
- This issue came under scrutiny in the Kerala High Court’s 2022 ruling in Centre for Constitutional Rights Research and Advocacy v State of Kerala & Ors, which found that political parties, with no employer-employee relationship with their members, were not obligated to establish ICCs under the POSH Act.
POSH Act
The Protection of Women from Sexual Harassment Act, 2013, commonly known as the POSH Act, is a significant piece of legislation in India aimed at preventing sexual It was enacted to create a safe and conducive work environment for women and to provide protection against sexual harassment at workplaces across India. It aims to uphold women’s dignity and ensure their right to work without fear of harassment.
Definition of Sexual Harassment: The Act defines sexual harassment broadly, including unwelcome acts such as: Physical contact and advances, Requests for sexual favors, Making sexually colored remarks, Showing pornography and Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
Key Provisions
- Applicability: The POSH Act applies to all workplaces in India, including public and private sectors, educational institutions, and even informal settings where work is conducted.
- Internal Complaints Committee (ICC): Every organisation with ten or more employees must establish an Internal Complaints Committee to handle complaints of sexual harassment.
- Complaint Mechanism: Aggrieved women can file a written complaint with the ICC within three months of the incident. The ICC is required to complete its inquiry within 90 days and can recommend corrective actions if the complaint is upheld.
- Penalties for Non-Compliance: Employers who fail to comply with the provisions of the POSH Act may face penalties, including fines up to ₹50,000. Repeated offenses can lead to more severe consequences.
- Annual Reporting: Organisations must submit an annual report on complaints received and actions taken to the District Officer, who oversees compliance at the district level.
Challenges in Applying the POSH Act to Political Parties
- Political parties, registered under the Representation of People Act, 1951 (RP Act), operate through a network of members, office-bearers, and field workers, often without a defined workplace.
- Determining the “employer” responsible for setting up ICCs is another hurdle.
- While the Act includes temporary, contract-based, and voluntary workers under its definition of “employees,” applying it to the decentralised and varied nature of party work remains complicated.
- Party constitutions, such as those of the BJP and Congress, outline hierarchical structures that could potentially help identify “employers.”
- However, internal disciplinary mechanisms in parties often lack provisions aligned with POSH Act requirements, such as mandatory inclusion of women or external members on committees.
ECI’s Role in Enforcing Laws on Political Parties
- The ECI derives its authority from Article 324 of the Constitution and the RP Act, overseeing elections to Parliament, State Legislatures, and other constitutional offices.
- However, its mandate to enforce other laws on political parties is less defined.
- For instance, despite a 2013 Central Information Commission (CIC) order applying the Right to Information (RTI) Act to national political parties, compliance remains elusive.
- The ECI typically issues advisories to political parties to encourage adherence to broader laws.
- For example, ahead of the 2024 Lok Sabha elections, it advised parties against involving children in campaigning, in line with the Child Labour (Prohibition and Regulation) Act, 1986.
Way Forward
If the POSH Act is to apply to political parties, key clarifications will be required on the definition of “workplace” and “employer” in the context of party operations. Strengthening the ECI’s role and revising party structures to incorporate POSH-compliant mechanisms could pave the way for greater accountability and protection for women within political organisations.
