Article By: Shrinkhla Singh, B.BA, LL. B (Hons.) Student, VIT School of Law, Chennai

Abstract

Sexual harassment continues to pay the price for denials by a mark when women are expected to progress in their political endeavours, thereby deterring a normalized life of public engagement. There are no protective mechanisms within political parties, and the POSH Act 2013 aims to ensure a safe and harassment-free workplace; however, this act is silent on political parties, thereby depriving women in these organizations of any redress mechanism. The paper studies the legal impediments in the applicability of this Act to political entities, such as the non-existence of an employer-employee nexus, undefined workplaces of political scenarios, etc. It talks about the necessity of legislative amendments as well as strengthening the role of ECI and increasing transparency within political parties towards creating a safer and more inclusive environment for women in politics.

Introduction

Workplace sexual harassment affects the dignity and safety of women. The POSH Act 2013[1] provides preventive measures and redressal systems and mandates Internal Complaints Committees (ICCs) in organizations. However, the Act makes no specific provisions for political parties; hence, women politicians, party workers, and volunteers remain susceptible to harassment without institutional support. The absence of mandatory ICCs in political entities at times encourages non-reporting due to fears of backlash and political fallout. Considering the male constituency in the political arena, examining the legal and policy measures through which the POSH Act could be extended to political institutions becomes important.

Overview of the POSH Act, 2013

In an attempt to provide women in India with an environment at work free from harassment, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (hereinafter referred to as “POSH Act”) was passed. It was formulated and enacted in the backdrop of the case Vishaka v. State of Rajasthan (1997)[2], wherein the Supreme Court laid down certain guidelines for preventing sexual harassment in the workplace. The POSH Act applies just about to all of these institutions, whether governmental or private, NGOs or hospitals, organizations through which sports are brought to the common man, educational institutions, and the informal sector. The definition of sexual harassment has been given in a very wide sense-lightly touching or brushing up against an individual, creating unwelcome advances, sexually coloured remarks, showing pornography, and any other unwelcome act of a sexual nature. Internal Complaints Committees[3] (ICCs) must be constituted by every employer in establishments with more than 10 employees; these committees will be responsible for receiving complaints about sexual harassment. Local Complaints Committees (LCCs) will cater to those working in the unorganized sector and functioning in small establishments. An important provision within the Act foregrounds prevention in that it requires organizations to undertake awareness programs, training sessions, and policy implementation.

Legal Challenges in Applying the POSH Act to Political Parties

The Indian Penal Code had become a reality in the year 2013 where the unique nature of political parties poses some legal and structural issues regarding its application. Political organizations[4] are not composed of traditional employer-employee relationships, but rather classes of elected representatives, candidates, volunteers, and members. With this unique nature, the applicability of law relating to the workplace becomes more difficult. Additionally, the very nature of interfering with political autonomy generates objections to outside regulation. Hence any attempts to amend the Act to incorporate political parties are more likely to be met with the charge of encroaching upon their independence. Finding possible solutions would thus warrant legal and policy measures where accountability and party autonomy are balanced survival for political parties.

Perspectives of Legal Experts and Activists

From the POSH Act’s aspect, political parties raise quite a lot of concerns for legal luminaries and activists, arguing that this very gap establishes the ground for women in politics to be victims of harassment without appropriate redress mechanisms.

• A NEED FOR INCLUSIVE INTERPRETATION: Most legal theorists argue in favour of a broad interpretation of the law regarding its aims on literal reading to render it purposeless. They maintain, in all practical terms, that the very spirit of the Act is provisioned to protect women against any form of abuse in the workplace, which indeed does not exempt any unique structures such as political parties.
• ESTABLISHING INTERNAL MECHANISMS[5]: Some experts said political parties should set up voluntarily independent complaint bodies like Internal Complaints Committees (ICCs). Although such internal arrangements are unlikely to create a formal employer-employee framework, they also show responsibility and commitment toward gender justice and, therefore, make for a significant precedent.
• INTERNAL COMMITTEES CHALLENGE: There is a continuous worry, though, regarding internal biases and their lack of independence. Therefore, because a political party is a set of hierarchies, it necessarily becomes an important hurdle to ensure that every complaint is addressed fairly, impartially, and without political leaning. Many activists call for monitoring mechanisms outside the organization for this very transparency as well as safeguarding others from misuse.

The Role of the Election Commission of India (ECI)

The Election Commission of India (ECI) is entrusted with the task of strengthening political parties to maintain democratic principles and constitutional values.

• REGISTRATION AND REGULATION: Per Section 29A of the Representation of the People Act,1951, political parties must apply to the ECI for registration, giving details of their constitution, leadership, and guiding principles. While this provision gives some measure of transparency, the Act does not lay down specific provisions for addressing cases of workplace harassment within political parties.
• ENSURING COMPLIANCE: The ECI may regulate the registration and functioning of parties but not internal disciplinary mechanisms concerning sexual harassment complaints; the Supreme Court, in its recent deliberations, has, however, pointedly suggested that when petitioners seek the application of the POSH Act to political parties, they should approach the ECI[6]. An increased role for the ECI-whether through persuasion or some coercive mechanism that will hold political parties to account for non-compliance with gender justice norms seems suggested.

Comparative Analysis: Political Parties and Other Organizations

Before trying to assess the applicability of the POSH Act to political parties, it would be very instructive to compare political parties with other organizations that might not necessarily function in such specific structural paradigms.

• NON-GOVERNMENT ORGANIZATION: Like a political party, NGOs exist primarily on volunteers and/or some other category of contract staff, and they tend not to have a conventional employer-employee relationship at all. However, NGOs are also covered under the aegis of POSH Act guidelines for redressing complaints through an Internal Complaints Committee (ICC) or Local Complaints Committee (LCC). Thus, any loosely structured entity must have a legal provision for harassment redress.
• CORPORATE ENTITIES: Unlike the corporates, with a clear corporate structure, policy, and hierarchy for its members, the implementation of POSH through ICCs, compliance audits, and stringent anti-harassment policies may not necessarily exist along with these provisions in the corporate context. Neither has the definition of a workplace in such terms.
• GOVERNMENT: Political parties should also form statutorily compliant grievance redress mechanisms, given how much politicians interact with government institutions for business and policy-making. It emphasizes that, invariably, political parties might also be subjected to similar accountability structures as regards gender justice in political spaces. The analogy emphasizes the applicability of the POSH Act to political parties through regulatory enablement.

The Need for Legislative Amendments and Policy Reforms[7]

The legal and systemic obstacles confronting the application of the POSH Act to political parties also necessitate legislative amendment and policy reforms to ensure that women work in political spaces, such as outside protection against sexual harassment, just like it is for workplaces everywhere. Some of these key measures include:

• AMENDMENT OF THE POSH ACT: The direct way forward is to explicitly extend the POSH Act to political parties and employ the term “workplace” to encompass the multifaceted nature of political work – that is, campaign sites, party offices, and legislative spaces. This would remove ambivalence and render legal clarity.
• INDEPENDENT OVERSIGHT BODIES: Dependence on enforcement through internal party mechanisms is likely to lead to bias and lack of enforcement. The establishment of an independent oversight body could ensure neutrality, accountability, and due process in handling complaints against political members.
• STRENGTHENING ECI’S ROLE: The Election Commission of India could extend such guidelines as making internal redressal committees mandatory formed in political parties, monitoring compliance regularly, and consequential penalties for default.
• PUBLIC ACCOUNTABILITY AND TRANSPARENCY: Such a requirement would render political parties necessary to disclose in public their information about complaints received and actions taken to ensure deterrence, accountability, and bringing up a safer environment for women in politics.

Conclusion

The exclusion of political parties from the realm of the POSH Act 2013 creates a distinct, critical legal and policy gap because it leaves women in political environments without any mechanism for redress against harassment. While every space, even though it may be a highly politically structured organization, must be covered by the great principles of workplace safety and gender justice, this article has focused on how legislative amendments, independent oversight bodies, and grievance redressal ushered into law can be used to fill this gap. In addition, public accountability and transparency measures shall deter against misconduct. An environment that allows women to be wholly safe in political parties is necessary not only for the rights and dignity of individual women but also so that there can be increased gender representation in governance.

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[1] Applying POSH Act in Political Parties, Drishti IAS (Dec. 18, 2024), https://www.drishtiias.com/daily-updates/daily-news-analysis/applying-posh-act-in-political-parties.

[2] (1997) 6 SCC 241.

[3] Ajoy Sinha Karpuram & Damini Nath, Applying POSH Act in Political Parties, Drishti IAS (Dec. 18, 2024), https://www.drishtiias.com/daily-updates/daily-news-analysis/applying-posh-act-in-political-parties.

[4] Vajiram & Ravi, Applicability of POSH Act to Political Parties, Vajiram & Ravi (Dec. 2024), https://vajiramandravi.com/upsc-daily-current-affairs/mains-articles/applicability-of-posh-act-to-political-parties/.

[5] Moneycontrol, Can POSH Act Apply to Political Parties? Existing Mechanisms and the Plea in Supreme Court Explained, Moneycontrol (Feb. 2024), https://www.moneycontrol.com/news/india/can-posh-act-apply-to-political-parties-existing-mechanisms-and-the-plea-in-supreme-court-explained-12893104.html.

[6] POSH Equili, Application of the POSH Act to Political Parties, POSH Equili (Feb. 2024), https://www.poshequili.com/application-of-the-posh-act-to-political-parties/.

[7] Civilsdaily, Could the POSH Act Apply to Political Parties?, Civilsdaily (Feb. 2024), https://www.civilsdaily.com/news/could-the-posh-act-apply-to-political-parties/.