New Delhi:The Supreme Court on Monday refused to entertain a plea seeking direction to bring political parties within the ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
The matter came up before a bench comprising justices Surya Kant and Manmohan. Senior advocate Shobha Gupta, representing the petitioner, Yogamaya, contended that there is need to protect women in politics and insisted that the POSH Act has to be made applicable on political parties.
The bench queried regarding the legal status given to a political party and what are the prerequisite obligations for getting registered as a political party. The counsel submitted that they have to adhere with constitutional requirements, and added that they need to have a memo of association, declaring their objects.
The counsel pressed that the definition is very clear and it covers all aggrieved women and places of work. The bench was informed that the plea has made all six national political parties’ respondents in the matter.
The bench queried what happens in case of complaint in the unorganised sector. The bench was informed that it was covered under Section 2(p) and 6 of the Act and the definition of workplace covered private venture, society, trust, NGO, etc.
During the hearing, the counsel said that the Election Commission is the authority that can prevail upon the political parties but it has not been made a party in the plea. The bench asked the petitioner’s counsel to first move before the Election Commission. The counsel agreed to this suggestion.
After hearing submissions, the bench disposed of the petition with liberty to the petitioner to approach the competent authority. "In case petitioner's grievance is not effectively addressed, she shall be at liberty to approach a judicial forum in accordance with law," the bench said.
On December 3, the Supreme Court, in a separate matter, issued detailed directions to ensure effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), for implementation across the states’ and union territories’.
The matter came up before a bench comprising justices BV Nagarathna and N Kotiswar Singh. The bench emphasized on the importance of pan-India compliance. The bench led by Justice Nagarathna said that provisions of the POSH Act must be uniformly implemented across states’ and UTs, saying, "this has to be done throughout the country….”.
The apex court said the compliance should be done by March 31, 2025, and the chief secretaries should oversee the execution of its directions. The apex court in a May 2023 judgment, had expressed its discontent that even a decade after the enactment of POSH Act, serious lapses continue to exist in its effective enforcement.
