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3mo ago

Supreme Court Declines to Extend POSH Act to Political Parties, Upholds Kerala HC Ruling

The bench held that party membership does not create an employer–employee relationship, leaving any expansion of protections to Parliament or the Election Commission.

Politics as practised by parties is a competitive arena. This makes it very necessary for political parties to institute checks and balances that prevent any form of discrimination or harassment within their fold. (HT Archive)
The court said political parties cannot be equated with workplaces. (HT PHOTO)
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The Supreme Court pointed out that no procedure currently exists for determining whether a person has been practising Islam for five years. Until such rules are notified by the central government under the Act, it declared, the provision cannot be enforced. (HT)

Overview

  • Chief Justice B.R. Gavai’s bench refused to entertain a special leave petition seeking to classify political parties as workplaces under the 2013 POSH law.
  • The Court said joining a party is not a job and warned that applying POSH to parties would open a Pandora’s box and risk misuse or blackmail.
  • The decision leaves intact a 2022 Kerala High Court ruling that parties are not obligated to set up Internal Complaints Committees in the absence of an employment relationship.
  • Petitioner Yogamaya M.G., represented by senior advocate Shobha Gupta, argued the Act’s broad definitions and coverage of non‑employees support inclusion of political settings.
  • The Court noted inconsistent internal mechanisms across parties and reiterated its earlier view that remedies should be pursued with the Election Commission or through legislation.