OPINION | Rethinking the POSH Act: Ensuring protection for women in all professional spaces

women

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (“POSH Act”) came into being in 2013 to protect women from sexual harassment at workplaces and ensure a safe work environment. The POSH Act mandates employers employing ten or more employees to establish Internal Committees (“ICs”) to enquire into complaints of sexual harassment.

Exclusion of Political Parties from POSH Act

On Monday, 15 September 2025, the Supreme Court dismissed a plea challenging a 2022 judgment of the Kerala High Court, thereby affirming that political parties do not fall within the definition of "workplace" under the POSH Act. The Kerala High Court, in its judgment dated 17 March 2022, had held that since there is no employer–employee relationship between political parties and their members, political parties are not obligated to constitute ICs under the POSH Act. In other words, the Supreme Court indicated that any extension of the POSH Act to include political parties would require legislative intervention, and not judicial interpretation.

Gap in Protection for Women in Political Spaces

In practice, this legal position creates a significant gap between statutory protections and the experiences of women in politics. Many women active in political parties have reported instances of sexual harassment by colleagues and party workers. However, they have limited or no recourse under the POSH Act, as party offices are not legally recognised as workplaces. Political work, though lacking formal employer–employee relationships, often mirrors the structure of a workplace as it is hierarchical, organized, and demands sustained engagement over long hours. Despite these characteristics, political spaces remain outside the protective framework of the POSH Act, leaving a critical segment of working women without statutory safeguards.

Earlier judgments, such as Medha Kotwal Lele v. Union of India (2013), had underscored the constitutional obligation to protect women from sexual harassment in all forms of workplaces, recognising it as a fundamental right under the Constitution of India. However, the Supreme Court's recent dismissal of the plea seeking to extend the POSH Act to political parties marks a shift towards judicial restraint.

Judicial Restraint and Related Litigations

A similar public interest litigation has also been filed in the Supreme Court seeking rights under POSH Act to be extended to women advocates registered under State Bar Associations and to set aside the Bombay High Court’s recent judgement in UNS Women Legal Association (Regd.) Vs. Bar Council of India and Ors. (2025) where the Bombay High Court had rejected the plea regarding formulation of an internal grievance redressal committee of women advocates in State Bar Council Offices and all Bar Association of Maharashtra.

The tragic rape and murder of a woman doctor at Kolkata’s RG Kar Medical College and Hospital in August 2024 highlighted the vulnerabilities faced by women even in regulated 2 professional spaces. Hospitals are formal workplaces covered under the POSH Act, yet the incident revealed how statutory safeguards can fail in the absence of effective implementation, awareness, and accountability. For women in political parties, who currently fall outside POSH Act’s ambit altogether, the risk is even greater.

Need to Expand Workplace Definition

Taken together, these developments highlight a broader policy concern regarding the definition and scope of a “workplace” under existing legal frameworks. There is an urgent need to reconsider and potentially expand this definition to include quasi-professional spaces such as political parties, bar associations, and other organisations that, while not conventional employers, operate with formal structures, hierarchies, and sustained professional engagement. Women across all spheres of public life deserve access to safe, inclusive, and accountable mechanisms for addressing sexual harassment, irrespective of the technical nature of their professional affiliation.

(Mansi Singh, Partner and Riya Jain, Associate – BTG Advaya.)

Views are personal, and do not represent the stand of this publication.