NEW DELHI: The Supreme Court on Monday refused to entertain a PIL for bringing political parties within the ambit of Prevention of Sexual Harassment (POSH) Act.
SC Dismisses PIL on POSH Act Applicability to Political Parties
A bench of Justices Surya Kant and Manmohan asked petitioner Yogamaya to approach the Election Commission as the constitutional body prevailed over and regulated the political parties, which was accepted by senior advocate Shobha Gupta, appearing for her.
The counsel submitted that the women in politics are to be protected and POSH Act has to be applicable on political parties.
She said the definition itself is very clear, which covers all aggrieved women and places of work.
Supreme Court Directs Petitioner to Move Election Commission on POSH Act Plea
The petitioner stated the plea has made all six national political parties respondents
To a query, as to what happens in case of complaint in unorganised sector, the counsel said the Act covered that under Section 2(p) and 6 of the Act.
The court said the definition of workplace covered private venture, society, trust, NGO, etc.
The bench asked as to what is the legal status given to a political party and as to what are the pre-requisite obligations for getting registered as political party.
The counsel said they have to adhere with constitutional requirements, they have to have a memo of association, declaring their objects.
The court then sought to know as which is the authority that can prevail upon the political parties?
The counsel replied that it was the Election Commission, which has not been made party.
"It is better that petitioner approach it first," the bench said.
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"It is very fair. We will do that," the counsel said, accepting to the suggestion.
The court thus disposed of the petition with liberty to petitioner to approach the competent authority.
"In case petitioner's grievance is not effectively addressed, she shall be at liberty to approach a judicial forum in accordance with law," the bench said.
Dealing with a separate matter, the Supreme Court has recently issued directions for successful implementation of the Prevention of Sexual Harassment of Women at Workplace (POSH) Act, 2013.
The court has ordered chief secretaries of all states and union territories to conduct a nation-wide survey to identify the public and private institutions which are yet to set up an internal complaints committee (ICC) for handling complaints of sexual harassment at workplaces.
The bench has further directed that district officers be appointed to coordinate efforts to implement the law through nodal officers for each area or taluk within the district.
