Syllabus: GS2/ Polity and Governance
Context
- The Supreme Court declined to take into consideration a plea seeking to extend the ambit of the Protection of Women from Sexual Harassment at Workplace (POSH) Act to include political parties, observing that such organisations cannot be classified as workplaces under the law.
Background
- In Centre for Constitutional Rights Research and Advocacy v State of Kerala & Ors (2022) the Kerala High Court ruled that political parties do not have a conventional employer-employee relationship and cannot be mandated to set up Internal Complaints Committees (ICCs).
- This ambiguity, combined with the decentralised and informal nature of political party structures, has often been cited as a reason for non-compliance.
| Key Features of the PoSH Act – Clear Definition of Sexual Harassment: The Act defines sexual harassment to include unwelcome acts such as physical contact and sexual advances, a demand or request for sexual favours, making sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. – Applicability: The Act is applicable to all workplaces, including the organized and unorganized sectors, the public and private sectors, and government and non-government organizations. – Employee: All women employees, whether employed regularly, temporarily, contractually, on an ad hoc or daily wage basis, as apprentices or interns or even employed without the knowledge of the principal employer, can seek redressal to sexual harassment in the workplace. – Constitution of Internal Complaints Committee (ICC): Employers are required to constitute an ICC at each office or branch with 10 or more employees. 1. It has to be headed by a woman, have at least two women employees, another employee, and a third party such as an NGO worker with five years of experience. – Local Committee (LC): It mandates every district in the country to create a local committee (LC) to receive complaints from women working in firms with less than 10 employees. – Procedure for Filing Complaints: Woman can file a written complaint within three to six months of the sexual harassment incident. 1. There are two ways to resolve the issue by the committee- through conciliation between the complainant and the respondent (which cannot be a financial settlement), or committees could initiate an inquiry, taking appropriate action based on what it finds. – Annual Audit Report: The employer has to file an annual audit report with the district officer about the number of sexual harassment complaints filed and actions taken at the end of the year. – Penalty: If the employer fails to constitute an ICC or does not abide by any other provision, they must pay a fine of up to ₹50,000, which increases for a repeat offence. |
Arguments in Favor of Extending the POSH Act to Political Parties
- Constitutional Mandate for Equality: Denying women in political spaces protection under POSH undermines their rights under Articles 14 (equality before law), 15 (non-discrimination), 19(1)(g) (right to profession), and 21 (right to life and dignity).
- The Vishaka v. State of Rajasthan (1997) case established that protection from sexual harassment is integral to women’s fundamental rights.
- Excluding political parties dilutes this spirit.
- Filling the Accountability Gap: Over 2,700 registered political parties function without Internal Complaints Committees (ICCs).
- Extending POSH would fill this institutional void and establish a formal redressal mechanism where none currently exists.
- Encouraging Women’s Political Leadership: Sexual harassment remains a key deterrent to women’s participation in politics.
- Legal protection would create a safer environment, enabling more women to contest elections, take leadership roles, and remain active in public life.
Arguments Against extending the POSH Act to Political Parties
- Absence of Employer-Employee Relationship: Political parties operate on informal structures and lack a clear employer-employee relationship, which complicates the applicability of the POSH Act.
- Decentralized Party Structures: The diverse and decentralized nature of political parties makes it difficult to implement centralized ICCs or ensure uniform compliance.
Way Ahead
- Party-Level Codes of Conduct: Political parties should voluntarily adopt gender-sensitivity policies, codes of conduct, and safe workplace protocols to build credibility and demonstrate commitment to inclusivity.
- Sector-Specific Mechanisms: For informal, freelance, and voluntary sectors like politics, cinema, and media, the government could establish sectoral grievance redressal boards to provide independent and credible forums outside employer control.
Concluding remarks
- The implementation of the POSH Act in political parties is not only a legal necessity but also a moral obligation.
- Political parties must lead by example, fostering gender equality and ensuring the safety of women in their ranks.
Source: IT
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