SC dismisses plea to extend POSH Act to political parties

New Delhi

The Supreme Court on Friday refused to accept a public interest plea seeking to include political parties under the anti-sexual harassment law known as the PoSH Act. The court said this issue should be decided by Parliament and not the judiciary.

A Bench led by Chief Justice B.R. Gavai, with Justice K. Vinod Chandran, said the matter involves policy decisions. “How can we interfere? This falls within Parliament’s domain,” the Chief Justice noted.

Senior advocate Shobha Gupta, who appeared for the petitioner, said she wasn’t asking for a new law, just an interpretation to include political parties under the 2013 PoSH Act. She said political workers should be protected like others in any workplace.

She referred to a Kerala High Court ruling which said political parties are not covered by the Act, as there’s no formal employer-employee relationship. Gupta argued this should not block protection for party workers.

The Supreme Court suggested that she challenge the Kerala High Court ruling separately through a special leave petition. Gupta then withdrew her petition, which the court allowed, saying she was free to take legal action later if needed.

Last year, the Supreme Court had dismissed a similar plea but allowed the petitioner to approach the Election Commission of India (ECI). The new PIL said a letter was sent to the ECI in March but got no response.

The plea wanted political parties to be legally required to set up internal complaints committees. It named several major political parties, along with the ECI and the Union government, as parties in the case.