The Supreme Court on Monday asked a PIL petitioner seeking to extend the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act) to the political parties across the country, to first approach the Election Commission of India (ECI) with the grievance.
A bench of justice Surya Kant and Manmohan said that the ECI, being responsible for the registration and regulation of the political parties, is the appropriate authority to address the matter.
Appearing for the petitioner Yogamaya MG, senior advocate Shobha Gupta told the bench that her client would approach the poll panel as suggested by the court. Keeping a window open for availing the legal recourse, the bench told the senior advocate that if the grievance remains unresolved, the petitioner may approach a suitable legal forum.
“The petition is disposed of with liberty to the petitioner to approach competent authority. In case the petitioner’s grievance is not effectively addressed, she shall be at liberty to approach a judicial forum in accordance with law,” the bench stated in its order.
The petition has made the Indian National Congress, Bharatiya Janata Party, Communist Party of India (Marxist), Communist Party of India, All India Trinamool Congress, Nationalist Congress Party, Nationalist People’s Party, Aam Aadmi Party and Bahujan Samaj Party as respondents in the petition. The plea has highlighted non-compliance with the PoSH Act by political parties, particularly when it comes to constitution of Internal Complaints Committees (ICCs) to deal with sexual harassment complaints.
It sought direction for all the political parties to constitute ICCs in compliance with Section 4 of the PoSH Act, 2013, and the declaration that individuals engaged in activities within political parties fall within the scope of “employees” under Section 2(f) of the PoSH Act.“Direct the Election Commission of India to mandate compliance with the PoSH Act as a prerequisite for political parties’ registration and recognition under the Representation of the People Act, 1951,” the petition sought in one of its pray