SC on Extension of the POSH Act to Political Parties

Context

The Supreme Court refused to consider a petition asking to expand the scope of the Protection of Women from Sexual Harassment at Workplace Act (POSH) to include political parties, noting that the law does not recognize them as workplaces.

Background

• The Kerala High Court found in Centre for Constitutional Rights Research and Advocacy v State of Kerala & Ors (2022) that political parties are not subject to have a typical employer-employee relationship and cannot be compelled to form Internal Complaints Committees (ICCs).
• Noncompliance has frequently been blamed on the decentralized and informal character of political party organizations in conjunction with this ambiguity.

Reasons for Extending the POSH Act to Political Parties

• Constitutional Requirement for Equality: Women’s right to protection under POSH in political spaces is undermined by denying them this right, which violates Articles 14 (equality before law), 15 (non-discrimination), and 19(1)(g) (right to equality), 21 (right to life and dignity), and 21 (right to life and dignity).
• The Vishaka v. State of Rajasthan (1997) case held that a woman’s basic rights include protection against sexual harassment.
  • The exclusion of political parties weakens this feeling.
• Addressing the Accountability Gap: More than 2,700 registered political parties operate without Internal Complaints Committees (ICCs).
  • By creating a formal redress mechanism where there is none now, expanding POSH would close this institutional gap.
• Promoting Women’s Political Leadership: Sexual harassment continues to be a major obstacle to women’s involvement in politics.
  • Legal protection would foster a safer environment, allowing more women to participate in elections, hold leadership positions, and continue to be involved in public life.

Arguments against Extending the POSH Act to Political Parties

• Lack of Employer-Employee Relationship: Political parties function under informal frameworks and do not have a clear employer-employee relationship, making it harder to apply the POSH Act.
• Decentralized Party Structures: It is challenging to implement centralized ICCs or ensure consistent adherence due to the varied and decentralized character of political parties.

Way Ahead

• Codes of Conduct at the Party Level: To establish credibility and show a commitment to inclusion, political parties should voluntarily implement gender-sensitivity measures, codes of conduct, and procedures for a safe workplace.
• Sector-Specific Mechanisms: The government could establish sectoral grievance redressal boards for the informal, freelance, and voluntary sectors, such as politics, film, and media, to offer impartial and trustworthy platforms outside of employer control.

Source: The Hindu

Mains PYQ

Q. We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace. (2014)

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