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Supreme Court Declines Plea to Bring Political Parties Under POSH Law

The bench said party membership does not amount to employment, leaving any broader coverage to Parliament or the Election Commission.

Overview

  • On Monday, the Supreme Court refused to entertain a Special Leave Petition challenging a 2022 Kerala High Court ruling that excluded political parties from the POSH Act.
  • A bench led by Chief Justice B.R. Gavai questioned how parties qualify as a workplace under the statute, noting there is no employer–employee relationship and stating, “It’s not a job; there is no payment.”
  • The outcome leaves the Kerala High Court’s distinction intact, under which political parties need not form Internal Complaints Committees while film production units are treated as establishments subject to ICC requirements.
  • The petitioner, advocate Yogamaya M.G., argued that excluding parties and other informal settings undermines the Act’s protective purpose for women in political, media, and freelance roles.
  • The court’s stance aligns with earlier refusals to expand POSH to political parties and with prior guidance directing reform efforts to the Election Commission or through legislation.