Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

Could the POSH Act apply to political parties?

Explained | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
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From UPSC perspective, the following things are important :

Prelims level: POSH Act

Why in the News?

Recently, the SC considered a Public Interest Litigation (PIL) advocating for the applicability of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 to political parties.

What is the legal status of political parties concerning the POSH Act?

  • Current Legal Interpretation: The Kerala HC previously ruled that political parties do not fall under the scope of the POSH Act due to a lack of an employer-employee relationship with their members. This interpretation suggests that political parties are not obligated to establish ICCs as required by the Act.
  • Definition of Workplace: The POSH Act defines “workplace” broadly, including various public and private entities. However, applying this definition to political parties is complex, as many party workers operate without a defined workplace and often have temporary roles that do not align with traditional employment structures.
  • Potential for Inclusion: Advocates argue that since the POSH Act includes locations visited by employees during their course of employment, it could extend protections to party workers in field operations. The definition of “employee” also encompasses temporary and contract workers, which could potentially include political party members.

How can Internal Complaints Committees (ICCs) be effectively established?

What are Internal Complaints Committees (ICCs)?

ICCs are mandated bodies established under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in India. These committees play a crucial role in addressing complaints of sexual harassment in the workplace, ensuring a safe and supportive environment for all employees.
  • Need for ICCs: The recent PIL presented in the court emphasizes that political parties should have mechanisms to address sexual harassment complaints in line with the POSH Act.
    • Currently, internal discipline mechanisms within parties may not adequately address issues of sexual harassment or comply with ICC requirements under the Act.
  • Challenges in Implementation: Creating ICCs within political parties poses challenges due to their non-traditional structures. The determination of who qualifies as an “employer” in this context is crucial for establishing accountability and compliance with the POSH Act.
  • Existing Party Structures: Political party constitutions outline hierarchical structures that could potentially facilitate the establishment of ICCs. However, these existing frameworks may not meet the requirements set forth by the POSH Act regarding membership and external oversight.

What role should the ECI play in enforcing compliance with the POSH Act?

  • Competent Authority: The Supreme Court directed that any grievances regarding the application of the POSH Act to political parties should first be addressed to the ECI, which is seen as the competent authority for enforcing compliance among registered political entities.
  • Historical Context: The ECI has previously been involved in ensuring compliance with other laws applicable to political parties, such as the Right to Information Act. However, its role concerning workplace harassment laws remains less defined.
  • Future Implications: If political parties are compelled to comply with the POSH Act through ECI directives, it could set a precedent for accountability and gender equality in politics, potentially influencing broader societal norms regarding workplace harassment.

Way forward: 

  • Strengthening Compliance Framework: The Election Commission of India (ECI) should issue clear guidelines requiring political parties to establish Internal Complaints Committees (ICCs) in alignment with the POSH Act, ensuring accountability and gender-sensitive grievance redressal mechanisms.
  • Legislative Clarification: Amend the POSH Act to explicitly include political parties within its scope, defining “employer” and “workplace” in the context of party structures to address the unique challenges of non-traditional workplaces.

Mains PYQ:

Q What are the continued challenges for Women in India against time and space? (UPSC IAS/2019)

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