Introduction

The Supreme Court of India recently dismissed a petition that sought to bring political parties under the purview of the Protection of Women from Sexual Harassment (POSH) Act, 2013. The Court adopted a literal interpretation of the statute, concluding that political parties do not qualify as "workplaces" because party members are not bound by a formal employer–employee relationship. However, this interpretation has been criticized for ignoring the broader intent of the law, which is grounded in the Vishakha Guidelines (1997) that emphasize a woman’s right to safety and dignity, regardless of contractual employment. The case has brought to light significant gaps in India’s gender justice framework and underscores persistent barriers to women''s equal participation in politics.

Background of the POSH Act

The POSH Act was enacted in response to the Vishakha judgment of 1997, which drew upon international norms such as CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women).

• The Act aims to prevent and address sexual harassment at workplaces by ensuring a safe and dignified environment for all women.
• It applies universally to women across formal and informal sectors, whether employed or not.
• It mandates the establishment of Internal Complaints Committees (ICCs) in every workplace, with external members to ensure impartiality and credibility in handling complaints.

Supreme Court’s Reasoning

In rejecting the petition, the Supreme Court offered the following rationale:

• Political parties are considered voluntary associations and not formal workplaces.
• Party members do not operate within a conventional employer–employee dynamic.
• Broadening the law to include political parties could lead to unintended consequences and potential misuse, such as blackmail.
• Any such inclusion should be decided by Parliament through legislative amendment, not judicial intervention.

Issues with the Judgment

The ruling has been widely criticized for its reliance on literal rather than purposive interpretation:

• Purpose of the Law: The POSH Act was intended to offer protection in any work-like setting, not just within legally defined employment contracts.
• Nature of Political Parties: Parties function in a workplace-like manner, with established hierarchies, assigned duties, and behavioural expectations.
• Misuse Argument: The claim that expanding the Act may lead to blackmail is flawed, as all laws carry misuse risks, yet they are safeguarded by provisions such as penalties for false complaints.
• Spirit of Vishakha: The Vishakha guidelines that inspired the POSH Act never confined protection solely to employees, but rather emphasized broader safety norms for women.
• Patriarchy in Politics: Women in politics face entrenched power imbalances, harassment, and exclusion. Without formal redressal mechanisms, such complaints are often suppressed or ignored.

Why Political Parties Should Be Covered Under the POSH Act

There are compelling legal, practical, and ethical reasons to bring political parties within the scope of the POSH Act:

• Political parties mirror workplaces in their organizational structures, roles, and responsibilities.
• Power imbalances—similar to those in offices or legislatures—create conditions conducive to harassment.
• Many democracies, including the UK and Canada, require political parties to implement anti-harassment codes.
• As primary democratic institutions, political parties have a symbolic and moral obligation to lead by example in promoting gender justice.

Current Situation in India

• Among all major political parties, only the CPI(M) has established an ICC with external members.
• Most other parties lack formal institutional mechanisms to address sexual harassment; complaints are often handled internally or brushed aside.
• The low representation of women in Indian politics—only 15% in the Lok Sabha as of 2024—reflects structural and cultural barriers, including the absence of safe working environments within parties.

Implications of the Ruling

1.     For Women in Politics: The ruling may discourage women from entering or remaining in political spaces perceived as unsafe. It weakens India’s commitments to SDG 5, which promotes gender equality.

2.     For Indian Democracy: Excluding women from political participation undermines democratic representation and pluralism. The judgment perpetuates patriarchal norms within political institutions.

3.     For Legal and Policy Frameworks: The judgment introduces inconsistency—other voluntary bodies like NGOs and cooperatives are covered under the Act, but not political parties. It sets a concerning precedent that may restrict the progressive expansion of women-centric laws through judicial interpretation.

4.     Ethical Dimensions: The ruling raises concerns about the constitutional right to life with dignity under Article 21. By denying safeguards in political settings, women are effectively denied equal participation in the public sphere. The Court’s position seems to prioritize institutional convenience over the fundamental rights and dignity of women.

Way Forward

1.     Legislative Action: Parliament should amend the POSH Act to explicitly include political parties within its ambit. It should mandate the formation of ICCs with external representation in all parties.

2.     Voluntary Reforms by Political Parties: Parties should adopt internal gender codes of conduct and establish transparent grievance redressal systems.

3.     Role of the Election Commission of India: The ECI can make it mandatory for parties to have functioning ICCs as a condition for registration or recognition. Gender safety compliance should be incorporated into party audit processes.

4.     Cultural and Social Change: Regular gender sensitisation programs should be organized for party workers. Women must be promoted into leadership positions to reshape organizational culture.

5.     Civil Society and Media: Advocacy by women''s groups and media pressure can compel parties to take gender justice seriously. Amplifying the voices of complainants can help shift political culture toward accountability and inclusiveness.

Conclusion

While the Supreme Court’s judgment may be legally valid on a narrow textual interpretation, it falls short of upholding the transformative spirit of the POSH Act. Political parties, as foundational institutions of democracy, must be held accountable for ensuring safe, inclusive, and dignified environments for women. Extending workplace safety norms to political spaces is not merely a legal necessity but a moral and democratic imperative—one that India must embrace to build a truly participatory and gender-just society.