Justice Deferred? SC refuses to expand POSH Act to Political Workers.
- ByPrachi Sharma
- 01 Aug, 2025
- 0 Comments
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On August 1, 2025, the Supreme Court of India permitted advocate Yogamaya MG to withdraw her public interest litigation challenging the exclusion of women political workers from the scope of the Sexual Harassment of Women at Workplace (POSH) Act, 2013 . The plea sought to compel political parties such as BJP, Congress, AAP, CPI(M), and others to be recognized as “employers” under the Act and to mandatorily constitute Internal Complaints Committees (ICCs) to address harassment complaints .
A bench led by Chief Justice B.R. Gavai and Justice K. Vinod Chandran noted that this issue falls within the domain of legislative policy, suggesting the petitioner instead mobilize women Members of Parliament to introduce a private member’s bill . Although the PIL was withdrawn, the court granted permission to challenge the Kerala High Court’s 2022 ruling that excluded political parties from POSH mandates .
Meanwhile, the petition emphasized that excluding women in politics from workplace protections violates fundamental rights under Articles 14, 15, 19, and 21 . Several reports - including from UN Women and the Inter-Parliamentary Union - highlight the prevalence of harassment in political workspaces, underscoring the urgency for protective mechanisms even in non‑traditional workplaces.
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