Can POSH Act apply to political parties? Existing mechanisms and the plea in Supreme Court explained

If implemented, political parties could be required to set up ICCs similar to other workplaces, with mandatory inclusion of external members to ensure impartiality. (Representational Image)

The Supreme Court on December 9 heard a Public Interest Litigation (PIL) urging the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) within political parties. The court directed the petitioner to first approach the Election Commission of India (ECI), highlighting that it is the competent authority to ensure political parties establish mechanisms consistent with the provisions of the POSH Act.

The case brings renewed focus on the POSH Act's applicability to organisations such as political parties, which operate without conventional workplace structures, yet employ numerous workers and volunteers. While public and private workplaces are mandated to set up Internal Complaints Committees (ICCs) to address sexual harassment, the PIL argued that political parties lack consistency in implementing such mechanisms.

Why extend POSH Act to political parties?

Globally, women parliamentarians face significant harassment. A 2016 Inter-Parliamentary Union (IPU) survey revealed that 82% of women legislators reported psychological violence, including sexist remarks and threats. In India, while women's participation in politics has grown, systemic challenges persist, with women holding just 14 percent of Lok Sabha seats and even fewer in state legislatures.

Also, encouraging women's representation in leadership roles requires safe and inclusive workspaces within party structures. The POSH Act’s broad definitions of “workplace” and “employee” potentially cover party workers, volunteers and operatives, making it legally plausible to extend the law to political parties.

Besides, most political parties lack formal grievance redressal systems. Existing disciplinary committees are not mandated to include external members or meet impartiality standards prescribed under the POSH Act. So, the question arises.

Can POSH Act apply to political parties?

At the heart of the debate is the definition of a “workplace” under the POSH Act. The Act defines a workplace broadly to include any location visited by an employee “during the course of employment”. This provision could conceivably extend to political workers, who often operate in the field during campaigns or organisational activities.

However, the challenge lies in determining who the “employer” is in a political party’s decentralised structure. The POSH Act places the responsibility of establishing an ICC on the “employer”, raising questions about accountability within political organisations.

How are political parties governed?

Political parties in India are primarily governed by the Representation of People Act, 1951 (RP Act). Section 29A of the RP Act outlines the registration process for political parties with the Election Commission of India. Registered parties are required to submit constitutions detailing their rules, structures and hierarchies, including the roles of office bearers and committees.

For example, the Bharatiya Janata Party (BJP) Constitution establishes a seven-tier organisational structure, while the Congress Constitution includes a hierarchy of committees to manage party discipline. Both parties have internal disciplinary committees tasked with addressing breaches of conduct.

However, these committees lack specific provisions to deal with sexual harassment cases and are not bound to include women or external members, as mandated under the POSH Act.

The BJP Constitution broadly mentions actions “calculated to lower the prestige of the party” as breaches of discipline, while the Congress Constitution lists “offences involving moral turpitude” as grounds for disciplinary action. Sexual harassment could potentially fall under these categories, but the absence of explicit mechanisms undermines accountability.

The ECI, as the regulatory body overseeing political parties, has the authority to mandate the establishment of internal mechanisms for addressing sexual harassment. If implemented, political parties could be required to set up ICCs similar to other workplaces, with mandatory inclusion of external members to ensure impartiality. Party constitutions could also be amended to explicitly recognise sexual harassment as a breach of discipline and create structured redressal processes.

Clarifications needed before implementation

For the POSH Act to apply to political parties effectively, key clarifications are essential: defining “workplace” in political contexts like fieldwork and campaign events, identifying the “employer” responsible for setting up Internal Complaints Committees (ICCs), and ensuring ICCs are impartial, inclusive and accessible to all party workers.