New Delhi: The Supreme Court has rejected a plea seeking to bring registered political parties under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
The top court held that political parties cannot be classified as “workplaces” since membership is voluntary, without salary, and does not create an employer-employee relationship. The ruling came in response to a special leave petition challenging a 2022 Kerala High Court decision, which had stated that political parties are not required to form Internal Complaints Committees under the POSH Act.
Senior advocate Shobha Gupta, representing petitioner Yogamaya MG, argued that the POSH Act intentionally provides wide definitions of “workplace,” “employer,” and “employee” with no exemptions for any entity. She contended that excluding political parties would leave women active in politics without legal protection against harassment.
However, the bench led by Chief Justice of India Bhushan R. Gavai, along with Justices K. Vinod Chandran and N.V. Anjaria, countered that political parties cannot be equated to workplaces. The court questioned how a political party could be declared a workplace when there is no formal employment or remuneration involved. “When you join a political party, you do not get a job. There is no payment for your work,” the bench observed.
The Supreme Court further noted that extending the POSH Act to political parties could lead to misuse, stating it might “open the Pandora’s box to blackmail members.” The verdict reaffirmed that membership in a political party does not establish an employer-employee relationship.
