Application of POSH Act to Political Parties

The Supreme Court of India is currently evaluating the applicability of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, to political parties. A Public Interest Litigation (PIL) has been filed, asserting that political parties should establish Internal Complaints Committees (ICCs) to address sexual harassment complaints. This issue raises questions about the definition of “workplace” and the responsibilities of political organisations under the POSH Act.

What is the POSH Act?

The POSH Act aims to prevent sexual harassment of women in workplaces. It mandates the establishment of Internal Complaints Committees in both public and private sectors. The Act defines a workplace broadly, encompassing various organisations and locations where employees engage in their duties. The primary objective is to ensure a safe and respectful environment for women at work.

Applicability to Political Parties

Political parties present a unique challenge regarding the POSH Act. Unlike traditional workplaces, political parties lack a clear employer-employee relationship. This complicates the establishment of ICCs. The Kerala High Court previously ruled that political parties do not fit the definition of a workplace under the POSH Act. Therefore, the legal framework struggles to encompass the dynamics of political organisations.

Definition of Workplace

The POSH Act’s definition of “workplace” includes various settings, such as offices, hospitals, and even locations visited during employment. However, applying this definition to political parties is contentious. Party workers often operate in undefined environments without a structured workplace. This ambiguity raises questions about the protections offered by the POSH Act to political party members.

Role of the Election Commission of India (ECI)

The ECI oversees the registration and regulation of political parties under the Representation of People Act, 1951. While it has the authority to enforce compliance with certain laws, its role concerning the POSH Act remains unclear. The ECI has previously issued advisories related to other laws but has not mandated political parties to establish ICCs.

Internal Mechanisms of Political Parties

Political parties have their own internal mechanisms for handling complaints. For instance, the BJP and Congress have disciplinary committees to address breaches of conduct. However, these structures may not meet the requirements set forth by the POSH Act, which demands specific protocols and the inclusion of women in the complaint resolution process.

Challenges in Implementation

If the POSH Act is applied to political parties, the question of who constitutes the “employer” arises. Political parties employ numerous temporary workers, making it difficult to identify an authority responsible for establishing ICCs. Moreover, existing disciplinary actions within parties may not adequately address sexual harassment claims.

Current Legal Landscape

The ongoing case in the Supreme Court marks the need for clarity on the application of the POSH Act to political parties. The legal discourse indicates a growing recognition of the need for protective measures for women in all sectors, including politics. The outcome of this case may set a precedent for future interpretations of workplace protections.

Questions for UPSC:

1. Examine the implications of the POSH Act on workplace environments in India.
2. Discuss the role of the Election Commission of India in regulating political parties under various laws.
3. Critically discuss the challenges faced by political parties in establishing Internal Complaints Committees.
4. With suitable examples, discuss the effectiveness of existing internal mechanisms in political parties for addressing complaints of sexual harassment.

Answer Hints:

1. Examine the implications of the POSH Act on workplace environments in India.

1. The POSH Act aims to create a safe working environment for women by mandating the establishment of Internal Complaints Committees (ICCs).
2. It defines “workplace” broadly, encompassing a variety of settings beyond traditional offices, including homes and public areas during employment.
3. The Act holds both public and private organizations accountable, promoting gender equality and respect in workplaces.
4. Failure to comply with the Act can lead to legal consequences for organizations, thereby incentivizing adherence to workplace safety standards.
5. The Act has sparked awareness and discussions about sexual harassment, encouraging victims to report incidents and seek justice.

2. Discuss the role of the Election Commission of India in regulating political parties under various laws.

1. The Election Commission of India (ECI) oversees the registration and conduct of political parties under the Representation of People Act, 1951.
2. It ensures that political parties adhere to certain laws, issuing advisories to promote compliance with regulations like the Right to Information Act.
3. While the ECI’s authority regarding the POSH Act is unclear, it could potentially guide parties on establishing internal mechanisms for complaints.
4. The ECI has previously enforced compliance with laws related to election conduct, but its role in workplace safety remains ambiguous.
5. Public pressure and legal mandates may compel the ECI to take a more proactive stance on ensuring political parties comply with the POSH Act.

3. Critically discuss the challenges faced by political parties in establishing Internal Complaints Committees.

1. Political parties often lack a defined employer-employee relationship, complicating the application of the POSH Act.
2. Many party workers operate in informal settings without a structured workplace, making it difficult to identify where ICCs should be established.
3. The temporary nature of many party positions creates ambiguity regarding who is responsible for setting up and maintaining ICCs.
4. Existing internal mechanisms may not meet the requirements of the POSH Act, lacking the necessary protocols and diversity in complaint handling.
5. Resistance from party leadership to acknowledge and address sexual harassment issues can hinder the establishment of effective ICCs.

4. With suitable examples, discuss the effectiveness of existing internal mechanisms in political parties for addressing complaints of sexual harassment.

1. Political parties like BJP and Congress have disciplinary committees to address breaches of conduct, but these may not specifically address sexual harassment.
2. For example, the BJP’s Disciplinary Action Committee can act against members but lacks the formal structure of an ICC as required by the POSH Act.
3. Congress’ internal rules allow for action on moral turpitude, but do not explicitly include provisions for sexual harassment complaints.
4. Internal mechanisms often lack transparency and may not ensure the participation of women or external members in the complaint resolution process.
5. Due to the informal nature of many party roles, complaints may go unreported or unresolved, denoting the ineffectiveness of current systems.