The Supreme Court of India has turned down a plea to extend anti-sexual harassment protections to women in the political sector. On Monday, a bench led by Chief Justice B.R. Gavai, along with Justices K Vinod Chandran and Atul S Chandurkar, heard the case and raised key questions about how political parties fit into the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, or POSH Act.
The judges pointed out that political parties don’t have a clear employer-employee relationship with their workers, so they can’t be treated as a “workplace” under the law. This decision came in response to a Special Leave Petition (SLP) filed by advocate Yogamaya MG, who challenged a 2022 Kerala High Court ruling.
That Kerala High Court judgment took a strict view of the POSH Act, saying political parties and similar groups don’t need to set up Internal Complaints Committees (ICCs) because they lack traditional boss-worker ties. The SLP argued this narrow interpretation leaves out many women in informal or freelance roles, especially in politics, films, and media, denying them vital protections against sexual harassment at work.
The petition highlighted that the POSH Act came from the Supreme Court’s famous 1997 Vishaka v. State of Rajasthan judgment. It uses broad definitions for “employer,” “employee,” and “workplace” to cover all kinds of setups and ensure women’s safety. But the Kerala ruling, the SLP claimed, weakens this by only requiring ICCs in film production houses with over 10 workers—not in groups like the Association of Malayalam Movie Artists (AMMA) or the Film Employees Federation of Kerala (FEFKA).
This approach, the plea said, goes against basic rights under Articles 14, 15, 19(1)(g), and 21 of the Indian Constitution, which guarantee equality, non-discrimination, freedom to work, and dignity. The petitioner urged the top court to include political parties and industry bodies under the POSH Act, where leaders exercise real control, and to order strong ICCs or other complaint systems.
Without this, women in public life—from politics to entertainment—will keep facing unsafe environments, the SLP warned. It sought a clear ruling that these organizations must follow the POSH Act guidelines.
This isn’t the first time the Supreme Court has tackled such pleas. Last month, a similar bench under CJI Gavai rejected a Public Interest Litigation (PIL) on the same issue but suggested filing an SLP against the Kerala decision. In December 2023, the court dismissed another related case and told the petitioner to approach the Election Commission of India (ECI). The ECI, it said, should push recognized political parties to create their own ways to handle sexual harassment complaints.
The POSH Act plays a crucial role in protecting women from workplace harassment across India, but cases like this show ongoing debates about its reach in non-traditional fields.
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