Syllabus: GS2/ Polity and Governance
Context
- The Supreme Court on disposed of a PIL seeking the application of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) to political parties by asking the petitioner to first approach the Election Commission of India.
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
- Gender Equality: Addressing harassment in political settings will set a precedent for improving gender equality across society.
- Enhancing Women’s Participation in Politics: Implementing POSH mechanisms will create a safer environment, encouraging more women to join and participate.
- Addressing Informal Roles: Many women associated with political parties serve in informal or unpaid capacities, making them particularly vulnerable to harassment.
- Consistency with Other Institutions: Institutions with more than 10 members are required to implement POSH mechanisms. Excluding political parties is inconsistent with the intent of the law.
- Independent Oversight: Activists argue that independent bodies, such as courts, are better equipped to handle sexual harassment cases involving politicians, as internal party mechanisms may face biases.
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
- The Election Commission of India (ECI) can mandate political parties to set up independent grievance redressal bodies, ensuring compliance with the POSH Act.
- The Act requires amendments to explicitly include political parties, removing ambiguity regarding their obligations.
- Independent Committees: Committees to address sexual harassment in political parties must operate independently, free from political influence.
- Regular awareness programs must be conducted by the Political parties on gender sensitivity and the provisions of the POSH Act.
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: IE