GUWAHATI: The Supreme Court dismissed a Public Interest Litigation (PIL) seeking the application of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) to political parties on Monday, December 9 directing the petitioner to first approach the Election Commission of India (ECI).
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A bench comprising Justice Surya Kant and Justice Manmohan presided over the PIL, filed by Supreme Court lawyer Yogamaya M G. Senior Advocate Shobha Gupta, representing the petitioner, argued that the Act's definition encompasses all workplaces, including unorganised sectors.
However, the bench pointed out a Kerala High Court judgment stating that political parties are not bound by the POSH Act, a decision that remains unchallenged. Justice Surya Kant further observed that political parties, registered entities under Section 29A of the Representation of the People Act, fall under the ECI's jurisdiction.
Following discussions, Justice Kant advised the petitioner to seek the ECI’s intervention and return to the judiciary if the grievance remains unaddressed. The bench disposed of the petition with liberty for the petitioner to approach a judicial forum later if necessary.
Several major political parties, including the Indian National Congress, Bharatiya Janata Party, and Aam Aadmi Party, were named as respondents in the petition.
Meanwhile, advocates Deepak Prakash and Sriam Parakkat also represented the petitioner.