NEW DELHI — The Supreme Court on Monday disposed of a Public Interest Litigation (PIL) seeking the inclusion of political parties under the anti-sexual harassment law.
“Why don’t the petitioner approach the Election Commission of India? The competent authority will be the Election Commission. Give them some reasonable time to think over it. If nothing happens, our doors are always open,” a Bench headed by Justice Surya Kant told senior advocate Shobha Gupta, appearing on behalf of the PIL litigant.
The Bench, also comprising Justice Manmohan, said that the Election Commission will be the competent authority to prevail upon recognised political parties to create an in-house mechanism to deal with complaints of sexual harassment in accordance with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
“The writ petition is disposed of at this stage with liberty to approach the competent authority. In case, the petitioner’s grievance is not effectively addressed, she shall be at liberty to approach the judicial forum in accordance with the law,” ordered the apex court.
Apart from the Union government, the PIL impleaded the Congress, the Bharatiya Janata Party, the Communist Party of India-Marxist, the Communist Party of India, the Trinamool Congress, the Nationalist Congress Party, the National People’s Party, the Bahujan Samaj Party, and the Aam Aadmi Party, in the memo of parties.
The plea sought a declaration that political parties are bound to follow the procedure for the protection of women in the workplace under the anti-sexual harassment law.
Further, it sought direction to constitute a grievance redressal mechanism against sexual harassment as per the directions of the Supreme Court in the Vishaka vs State of Rajasthan case.
"The petition aims to ensure that political parties comply with the POSH Act and provide a safe work environment for women, free from sexual harassment," said the plea filed under Article 32 of the Constitution.
With millions of members across political parties, it is clear that politics plays a significant role in Indian society, said the petition, adding that the presence of Internal Complaints Committees (ICCs) to address sexual harassment is inconsistent across these parties.
The PIL contended that the lack of standardised ICCs across political parties may lead to inadequate reporting and addressing of sexual harassment cases, varied levels of protection and support for victims and perpetuation of a culture that tolerates or ignores sexual harassment.
It said that the petition aims to ensure that Indian political parties prioritise creating a safe and inclusive environment for women to participate in politics.