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

Mon Dec 09 08:37:52 UTC 2024: ## Supreme Court Directs Petitioner to Election Commission on Political Party Sexual Harassment Law

**NEW DELHI, December 9, 2024** – The Supreme Court of India today directed a petitioner to approach the Election Commission of India (ECI) regarding the application of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), to political parties.

The petition, filed by Supreme Court lawyer Yogamaya MG, argued that political parties should be bound by the POSH Act, including the establishment of Internal Complaints Committees (ICCs). The petitioner, represented by senior advocate Shobha Gupta, highlighted the lack of transparency and inconsistent implementation of ICCs within political parties, hindering women’s safety and empowerment.

However, the Supreme Court bench, comprising Justices Surya Kant and Manmohan, referenced a Kerala High Court ruling stating that the employer-employee relationship necessary for the application of the POSH Act does not exist within political parties. The court noted the petitioner’s omission of the ECI as a party in the case and deemed the ECI the “competent authority” for matters concerning political parties.

The court advised the petitioner to first pursue her concerns with the ECI. Only if the ECI fails to adequately address the issue should the petitioner return to the court. The Supreme Court emphasized that the petitioner could then move the appropriate judicial forum if necessary.