The Supreme Court on 15 September 2025 declined to entertain a petition challenging a Kerala High Court order that exempted political parties from the mandate of constituting Internal Complaints Committees under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
A bench led by Chief Justice B.R. Gavai, along with Justices K. Vinod Chandran and A.S. Chandurkar, observed that political parties do not fall within the definition of “workplace” under the Act. “When a person enters a political party, it’s not a job; there is no payment,” the CJI remarked, indicating that there was no employer-employee relationship among party members.
The petition, filed by Advocate Yogamaya, challenged the Kerala High Court’s 2022 decision holding that political parties are not legally liable to establish Internal Complaints Committees under the POSH Act. The High Court had reasoned that membership in political parties does not constitute employment, and therefore the statutory requirement to set up ICCs does not apply.
Senior Advocate Shobha Gupta, appearing for the petitioner, argued that the High Court overlooked the broad scope of “aggrieved woman” under Section 2(a)(i) of the Act, which includes any woman, whether employed or not, who alleges sexual harassment at a workplace. She stressed that political parties “still function in an organised set-up. They have an organisation.”
The bench, however, remained unconvinced. “How do you put the political parties in a workplace?” the CJI asked, reiterating that the POSH Act envisages an employer-employee framework. The Court dismissed the Special Leave Petition, noting that a similar PIL filed earlier to bring political parties under the Act had already been withdrawn.
The Kerala High Court judgment under challenge had also clarified that film production houses are required to set up Internal Complaints Committees, since each unit functions as an “establishment” within the meaning of the Act.
(With inputs from LiveLaw)
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