‘Will open Pandora’s box’: SC junks plea to bring political parties under POSH ambit

The Supreme Court has dismissed a plea seeking to bring registered political parties under the ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act came into being in 2013 to protect women from sexual harassment at workplaces and ensuring a safe work environment.

A bench of Chief Justice of India B R Gavai and Justices K Vinod Chandran and Atul S Chandurkar said applying the POSH Act to political parties would open a Pandora’s box and become a tool for blackmail and misuse.

“How do you equate political parties as workplace? When a person joins a political party, it is not employment. It is not a job as they join political parties on their own volition and on non-remuneration basis. How can the law against sexual harassment at workplace include political parties? This will open a Pandora’s box to blackmail the members,” the bench told the petitioner.

The top court was hearing an appeal against a 2022 Kerala High Court judgment which said political parties were under no compulsion to establish ICCs in the absence of an employee-employer relationship.

Senior advocate Shobha Gupta, appearing for petitioner Yogamaya M G, submitted the plea. Though many women were active members of political parties, only CPM had an internal complaint committee.

The top court had earlier refused to hear a PIL with a similar prayer.