SC no to PIL on applying harassment Act to parties

The Supreme Court on Monday declined to entertain a PIL seeking directions to apply the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (POSH Act) to political parties. Instead, it directed the petitioner to first approach the EC.

“The petition is disposed of with liberty to the petitioner to approach competent authority (EC). In case the petitioner’s grievance is not effectively addressed, she shall be at liberty to approach a judicial forum,” a Bench led by Justice Surya Kant told senior counsel Shobha Gupta, who represented petitioner Yogamaya MG.

The direction followed Gupta’s submission that political parties are registered entities under Section 29A of the Representation of the People Act, 1951, and recognised by the EC.

Pointing out that the Kerala HC had earlier ruled that the POSH Act did not apply to political parties, the Bench noted the judgment had not been challenged. Justice Kant also remarked the EC was the competent authority concerning political parties and should be made a party to the PIL.

The PIL, naming the Centre, BJP, Congress, AAP, TMC, NCP, NPP, BSP, CPI(M) and CPI as respondents, sought a grievance redressal mechanism to ensure compliance with the POSH Act. It argued applying the Act to political parties would protect victims of sexual harassment.