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Supreme Court Declines to Bring Political Parties Under POSH Act

Refusing to intervene in the PIL, the apex court underscored Parliament’s exclusive authority over workplace policy with leave to challenge a Kerala High Court decision or seek reform through legislation.

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Overview

  • On August 1 the Supreme Court bench of CJI B.R. Gavai and Justice K. Vinod Chandran refused to entertain Yogamaya M.G.’s PIL to include political parties under the POSH Act, calling it a parliamentary matter.
  • The court held that defining “employer” and “workplace” for non-traditional entities cannot be expanded through judicial interpretation of the 2013 law.
  • Following bench advice, senior advocate Shobha Gupta withdrew the petition with leave to challenge a 2021 Kerala High Court ruling that excluded political parties from POSH coverage.
  • The bench granted liberty to pursue legal remedies via special leave petitions or to lobby for legislative amendments to broaden the act’s scope.
  • The Election Commission of India has not responded to the petitioner’s March representation on mandating internal complaints committees in political bodies, underscoring ongoing enforcement gaps.