SC Rejects PIL Seeking Sexual Harassment Law for Political Parties

New Delh- The Supreme Court today disposed of a PIL seeking to bring political parties under the purview of the anti-sexual harassment law, suggesting the petitioner approach the Election Commission of India (ECI) on the matter.

A Bench headed by Justice Surya Kant, comprising Justice Manmohan, stated that the ECI would be the appropriate authority to address the issue and urge recognized political parties to establish internal mechanisms for handling sexual harassment complaints, as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The Court emphasized that the ECI should be given reasonable time to address the matter, and if necessary, the petitioner could always return to the court. The petitioner, represented by senior advocate Shobha Gupta, had sought directions for political parties to comply with the anti-sexual harassment law and establish grievance redressal mechanisms as per the Supreme Court's Vishaka vs State of Rajasthan judgment.

The PIL, filed under Article 32 of the Constitution, argued that political parties, with their significant membership and influence on Indian society, should be held accountable for ensuring a safe work environment for women, free from sexual harassment. It highlighted the lack of standardized Internal Complaints Committees (ICCs) across political parties as a potential cause for inconsistent reporting, inadequate protection for victims, and a culture that might tolerate or ignore sexual harassment.

The plea sought a declaration that political parties are bound to follow the provisions of the POSH Act and ensure a safe working environment for women. The petition listed the Union government, Congress, BJP, CPI-M, CPI, Trinamool Congress, NCP, NPP, BSP, and Aam Aadmi Party as respondents. The apex court, in its order, stated that the petitioner could approach the judicial forum if the grievance is not effectively addressed by the ECI.