The Supreme Court on Monday disposed of a PIL seeking application of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 to political parties.
The Bench of Justice Surya Kant and Justice Manmohan directed petitioner Yogamaya MG, a practicing lawyer of the Supreme Court, to approach the Election Commission of India (ECI) for relief.
Appearing for the petitioner, Senior Advocate Shobha Gupta submitted that the definition clause of the Act covered all aggrieved women and workplaces.
The Apex Court asked the petitioner regarding the applicability of the Act to unorganised sectors.
The Senior Counsel replied that the Act covered such entities too through local committees.
Mentioning the Kerala High Court ruling, which held that political parties were not bound by the POSH Act, the Apex Court observed that the judgment has not been challenged.
The top court of the country further enquired about the legal status of a political party.
Senior Advocate Gupta replied that they were registered entities under Section 29A of the Representation of Peoples Act recognised by the Election Commission of India.
The Bench then observed that ECI was required to be made a party in the case, as it was the competent authority regarding political parties.
The Apex Court the dismissed the petition, giving liberty to the petitioner to approach the competent authority (Election Commission). It said in case the petitioner’s grievance was not effectively addressed by ECI, she may approach a judicial forum in accordance with law.
The PIL had added the Indian National Congress, the Bharatiya Janata Party, the Communist Party of India (Marxist), the Communist Party of India, the All India Trinamool Congress, the Nationalist Congress Party, the Nationalist People’s Party, the Aam Aadmi Party and the Bahujan Samaj Party (BSP) as respondents in the case.
The PIL sought direction to all political parties to constitute Internal Complaints Committees (ICCs) in compliance with Section 4 of the POSH Act, 2013.
It further sought declaration that individuals engaged in activities within political parties fell within the scope of ’employees’ under Section 2(f) of the POSH Act.
The petition prayed for directions to the ECI to mandate compliance with the POSH Act as a prerequisite for political parties’ registration and recognition under the Representation of the People Act, 1951.
It also sought guidelines ensuring time-bound compliance by political parties, including regular reporting and public disclosure of ICCs’ functioning.
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