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Context:

The Public Interest Litigation (PIL) filed before the Supreme Court argued that the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) should be extended to political parties. The petition argued that, unlike public and private workplaces, political parties frequently lack Internal Complaints Committees (ICCs) to address sexual harassment.

Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013

It aims to prevent and address sexual harassment of women in the workplace. Sexual harassment is defined as any unwanted sexual act or behaviour, such as physical contact, demands for sexual favours, sexually coloured remarks, the display of pornography, or any other unwelcome sexual physical, verbal, or nonverbal conduct.

What are the main provisions of the PoSH Act?

The Act applies to all women, regardless of age or employment status, in both organised and unorganised sectors. It applies to workplaces such as offices, factories, educational institutions, and hospitals, as well as public spaces such as transportation and entertainment venues.

Every organisation with ten or more employees must form an Internal Complaints Committee (ICC). The committee should be at least half female, with a senior female employee serving as the presiding officer, as well as members with backgrounds in women's rights or non-governmental organisations.

The District Officer will form a Local Complaints Committee (LCC) for workplaces with less than ten employees or when a complaint is filed against the employer. The LCC exercises similar powers and functions as the ICC.

How can a complaint be filed?

A woman who has been sexually harassed at work can file a complaint within 3 months of the incident. Complaints can be filed with the ICC or the LCC, depending on the size and nature of the workplace.

What is the process for investigation and action under the Act?

The ICC or LCC must investigate a complaint within 90 days and submit a report with recommendations to the employer or district officer. The employer or district officer must then act on the recommendations within 60 days and notify both the complainant and the respondent of the results.

How does the POSH Act define a workplace, and who does it apply to?

The POSH Act applies to any workplace where women are employed. Section 3(1) of the Act states that no woman shall be subjected to sexual harassment in any workplace. 

The term "workplace" covers both public and private sector organisations, hospitals, nursing homes, sports venues, and even locations that employees visit during the job.

What has the Kerala High Court said about the applicability of the POSH Act to political parties?

In the 2022 case Centre for Constitutional Rights Research and Advocacy v/s State of Kerala & Ors, the Kerala High Court ruled that political parties are not required to form ICCs. 

The court stated that there is no employer-employee relationship between party members, and political parties do not meet the definition of a "workplace" under the POSH Act.

Could the POSH Act apply to political parties despite the Kerala High Court ruling?

While the Kerala High Court decision stated that political parties are not required to establish ICCs, the possibility of the POSH Act applying to them is not entirely eliminated. 

The term "workplace" in the Act could refer to locations visited by party workers while working. Also, the POSH Act's broad definition of "employee" may include temporary or contract workers, as well as political party volunteers.

How does the POSH Act address the issue of determining who is the "employer" in political parties?

In political parties, the question of who the "employer" is becomes complicated because party workers usually do not have a clear workplace or employer-employee relationship. However, the hierarchy within party constitutions may provide guidance in determining the "employer." For example, while the BJP and Congress have well-defined organisational structures and disciplinary committees, they do not currently mandate ICCs as required by the POSH Act.

Election Commission of India (ECI) handle the compliance of political parties with various laws

The ECI has authority under Article 324 of the Constitution to oversee elections, but its role in ensuring compliance with laws such as the POSH Act is unclear.  

The ECI regularly issues advisories to political parties to ensure that they comply with various laws. For example, in advance of the 2024 Lok Sabha elections, the ECI directed parties to ensure that children are not involved in campaigning, in accordance with the Child Labour (Prohibition and Regulation) Act of 1986.

Must Read Articles: 

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PREVENTION OF SEXUAL HARASSMENT (PoSH) ACT 2013

Source: 

Indian Express