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Supreme Court on POSH Act & Political Parties

02 Aug 2025 GS 1 Social Issues
Supreme Court on POSH Act & Political Parties Click to view full image

Case Background

  • Issue: Exclusion of women political workers from the scope of the POSH Act, 2013 (Sexual Harassment of Women at Workplace Act).

  • Relief Sought:

    • Declaration that political parties and their affiliates are “employers” under the POSH Act.

    • Inclusion of grassroots political workers under the Act’s protection framework.

Supreme Court Decision 

  • Headed by Chief Justice B.R. Gavai

  • Allowed withdrawal of the plea.

  • Direction: Petitioner is free to explore other legal remedies or take steps as per law.

Key Issues Raised

  • Discriminatory Exclusion: Women in politics face similar or greater risks of sexual harassment, particularly during campaigns and internal party work.

  • Lack of Legal Redressal: POSH Act currently does not cover political parties explicitly under definitions of "workplace" or "employer".

  • Constitutional Angle: Argued that such exclusion violates Article 14 (equality) and Article 21 (dignity and personal liberty).

POSH Act, 2013 – Key Provisions
ProvisionDetails
ObjectivePrevent and redress sexual harassment of women at workplace
Section 2(o): WorkplaceIncludes organized and unorganized sectors; broad but not exhaustive
Section 2(g): EmployerCovers individuals managing the workplace, but political parties not named
Section 4Mandates constitution of Internal Complaints Committee (ICC)
Section 6District Officer to form Local Complaints Committee (LCC) for unorganized sectors
Section 9Time limit of 3 months for filing complaints.

(The Internal Committee (IC) or Local Committee (LC) can extend this period by a maximum of 3 more months if there are valid reasons, recorded in writing, for the delay. )
Section 10-13Inquiry procedure, interim relief, and disciplinary actions
Penalty for Non-ComplianceFine up to ₹50,000, cancellation of license for repeat offence (Section 26)

INTERNAL COMPLAINTS COMMITTEE (ICC)

1. Applicability:

  • Mandatory for any employer with more than 10 employees.

2. Composition:

  • Chairperson: A senior woman employee (must).

  • Members:

    • At least two women employees.

    • One other employee (male or female).

    • One external member from an NGO or association committed to women’s cause or with legal knowledge, with minimum 5 years of experience in social work.

3. Powers and Functions:

  • ICC has powers of a civil court for:

    • Summoning and examining witnesses,

    • Requiring discovery and production of documents.

  • It conducts an inquiry adhering to the principles of natural justice.

4. Complaint Process:

  • Any female employee can approach the ICC and file a written complaint of sexual harassment.

LOCAL AREA COMMITTEE (LAC)

1. Applicability:

  • Mandated in every district by the Act.

  • Caters to:

    • Establishments with less than 10 employees.

    • Informal/unorganised sector:

      • Domestic workers,

      • Home-based workers,

      • Voluntary government social workers, etc.

2. Redressal Mechanism:

  • Conciliation:

    • Voluntary settlement (excluding financial settlements).

  • Inquiry:

    • Formal investigation and appropriate action based on findings.

Annual Compliance Requirement

  • Employers must submit an Annual Audit Report to the District Officer.

  • The report must contain:

    • Number of complaints filed,

    • Actions taken on those complaints.

Who Can File:
If the woman is unable to file the complaint due to physical or mental incapacity, death, or other reasons, her legal heir or a prescribed person can file it on her behalf,

Scope and Age Coverage

  • The Act does not mention any age bar:

    • Applies to all women, including minors and elderly, who experience harassment in a workplace setting.

  • Applies regardless of the woman's employment status – includes interns, volunteers, contractual staff.(also covers Ngos,domestic workers)

Notable Limitations / Exclusions

  • Political parties and religious institutions are not explicitly included as workplaces.

  • Domestic workers are only partially covered under LCC, with weak enforcement mechanisms.

  • Men and persons of other genders not covered as victims under this Act (gender-specific).

Important Case Laws Related to POSH
CaseSignificance
Vishaka v. State of Rajasthan (1997)Laid down Vishaka Guidelines, basis for POSH Act
Medha Kotwal Lele v. Union of India (2013)Reiterated the binding nature of Vishaka Guidelines until the law is passed
Apparel Export Promotion Council v. A.K. Chopra (1999)Upheld employer’s duty to protect dignity of women at workplace
Dr. Punita K. Sodhi v. Union of India (2010)Stressed need for natural justice and fair inquiry under POSH
Shefali Tripathi v. Union of India (2022)Addressed false complaints and importance of institutional safeguards

Legal and Policy Implications

  • The case raises questions about the need to expand the POSH Act’s definitions to reflect non-traditional workplaces like:

    • Political parties

    • Campaign trails

    • Volunteer-driven organizations

  • Suggests a need for amendments or new guidelines covering grassroots-level political workers, particularly women.

  • Reopens debate on gendered safety in politics and public life.



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