SC asks petitioner to approach ECI with plea to apply PoSH Act to political parties
Dec 09, 2024
New Delhi [India], December 9 : The Supreme Court on Monday asked the petitioner who filed a PIL seeking direction to apply the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act) to political parties across the country, to first approach the Election Commission of India (ECI) with the grievance.
A bench of justices Surya Kant and Manmohan said that the ECI, being responsible for the registration and regulation of political parties, is the appropriate authority to address the matter.
Senior advocate Shobha Gupta, who appeared for petitioner Yogamaya MG, agreed with the bench and said that her client would move the ECI. The bench said if the grievance remains unresolved, the petitioner may approach a suitable legal forum.
"The petition is disposed of with liberty to petitioner to approach competent authority. In case the petitioner's grievance is not effectively addressed, she shall be at liberty to approach a judicial forum in accordance with the law," the bench stated in its order.
The petition has made the Indian National Congress, Bharatiya Janata Party, Communist Party of India (Marxist), Communist Party of India, All India Trinamool Congress, Nationalist Congress Party, Nationalist People's Party, Aam Aadmi Party and Bahujan Samaj Party as respondents in the petition.
The plea has highlighted non-compliance with the Act by political parties, particularly when it comes to the constitution of Internal Complaints Committees (ICCs) to deal with sexual harassment complaints.
It sought direction that all political parties constitute ICCs in compliance with Section 4 of the PoSH Act, 2013 and declare that individuals engaged in activities within political parties fall within the scope of "employees" under Section 2(f) of the PoSH Act.
"Direct the Election Commission of India to mandate compliance with the PoSH Act as a prerequisite for political parties' registration and recognition under the Representation of the People Act, 1951," the petition stated.
