POSH ACT: POLITY/ GOVERNANCE

POSH ACT: POLITY/ GOVERNANCE

NEWS: Implementation of POSH Act to political parties: ‘Approach Election Commission first,’ Supreme Court tells petitioner

 

WHAT’S IN THE NEWS?

The Supreme Court directed a petitioner seeking enforcement of the POSH Act in political parties to first approach the Election Commission, as political parties lack a formal employer-employee relationship. The petition highlighted inadequate implementation of ICCs, affecting women’s safety and empowerment in politics.

Supreme Court's Decision on POSH Act and Political Parties

Background of the Case

  1. Petitioner:
    • Filed by Yogamaya MG, a Supreme Court lawyer, represented by senior advocate Shobha Gupta and advocate Sriram Parakkat.
    • Sought judicial declaration mandating political parties to comply with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
  1. Demand:
    • Implementation of the POSH Act in political parties, including the constitution of Internal Complaints Committees (ICCs).

Key Legal Frameworks Discussed

  1. POSH Act, 2013:
    • Aims to prevent, prohibit, and redress sexual harassment at workplaces.
    • Section 6: Extends coverage to the unorganised sector, including informal employment like domestic work.
  1. Representation of People Act, 1951:
    • Political parties are registered under Section 29A.
    • Obligations for registration include submitting a Memorandum of Association and adherence to constitutional values.

Supreme Court’s Observations

  1. Kerala High Court Ruling:
    • Political parties are not obligated to comply with the POSH Act due to the absence of an employer-employee relationship.
  1. Competent Authority:

·         Justice Surya Kant emphasized that the Election Commission of India (ECI) is the appropriate body to address concerns related to political parties.

  1. Next Steps for the Petitioner:
    • Approach the ECI for redressal.
    • If unsatisfied, seek further judicial intervention as per legal procedures.

Petitioner’s Arguments

  1. Lack of Transparency:
    • Political parties lack adequate structures to ensure women’s safety.
    • Inconsistent implementation of ICCs perpetuates a culture of neglect towards women’s empowerment.
  1. Global Perspective:
    • Women face significant barriers and violence while pursuing political roles, reflecting a worldwide issue.
  1. Fundamental Rights Violation:
    • Petition invoked Article 32 to enforce fundamental rights and ensure compliance with the POSH Act.

Source: https://www.thehindu.com/news/national/implementation-of-posh-act-for-political-parties-approach-election-commission-first-supreme-court-tells-petitioner/article68964449.ece#:~:text=A%20Bench%20of%20Justices%20Surya,of%20Women%20at%20Workplace%20(Prevention%2C