NOTE4STUDENTS:

The recent deliberations around applying the POSH Act to political parties highlight an evolving and essential intersection of law, gender justice, and institutional accountability. Often, aspirants overlook nuanced challenges like the lack of specific mechanisms in political setups to handle harassment. While candidates might know the general scope of the POSH Act, the intricacies of its implementation—or the lack thereof—in political domains are often missed, which this article explains with depth and clarity. Our Back2Basics section decodes complex aspects of the POSH Act and simplifies core principles. This accessible format ensures readers not only grasp essential details but are also equipped to incorporate them into answers with precision and relevance.

PYQ ANCHORING & MICROTHEMES:

GS 2: The Indian party system is passing through a phase of transition which looks to be full of contradictions and paradoxes.” Discuss. [2016]
GS 2: While the national political parties in India favour centralisation, the regional parties are in favour of State autonomy. Comment. [2022]

Microtheme: Political Parties

Recently, a Public Interest Litigation (PIL) has been heard by the Supreme Court regarding applicability of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) in political parties. This issue has remained an area of ambiguity, especially considering the peculiar structure of political organisations in India.

Current Structure

Political parties handle discipline through internal committees, such as the Congress’ hierarchical committees and the BJP’s “Disciplinary Action Committees.” While these bodies address broad breaches of discipline like “moral turpitude” or actions lowering the party’s prestige, they lack specific provisions for handling sexual harassment. They also do not require women or external members, as mandated for ICCs under the POSH Act.

Need to Bring Political Parties under the POSH Act

Issue	Description	Examples/Data
Harassment of Women Parliamentarians	Women parliamentarians face significant psychological and sexual violence globally.	2016 IPU survey: 82% of women parliamentarians face psychological violence; in Africa, 40% face sexual harassment.
Safe Work Environment	Systemic barriers hinder women’s participation and leadership in politics, despite growing participation.	Women hold 14.4% of Lok Sabha seats; less than 10% in state legislatures.
Legal and Constitutional Mandates	Constitutional and legal provisions ensure equality and protect women’s rights in workplaces, including politics.	Articles 14 and 15 ensure equality and non-discrimination; POSH Act applies to political party workers and volunteers.
Lack of Internal Mechanisms	Political parties often lack proper systems for addressing harassment complaints.	Grievance committees in political parties don’t follow POSH Act standards, leading to underreporting of cases.
Electoral and Institutional Reforms	Applying the POSH Act to political parties can improve transparency and gender justice.	Aligns with the Election Commission’s goals for transparency and accountability in political party operations.
Global Best Practices	Institutionalizing gender-sensitive practices in politics can serve as a model for India.	UK Parliament’s 2017 ICGP policy tackles bullying and harassment; Sweden and Norway have gender-sensitive systems.

Challenges in Application of POSH Act in Political Parties

Challenges	Details	Examples/Data
Lack of Traditional Structure	Political parties often hire temporary workers with no formal workplace or direct relationship with top officials, making it difficult to identify the responsible workplace for ICCs.	Lack of a defined workplace in party campaigns or for volunteers can complicate the establishment of Internal Complaints Committees (ICCs).
Absence of Explicit Guidelines	Political parties handle internal issues like sexual harassment through their own committees but without clear guidelines for applying POSH Act specifically in party organizations.	The lack of clear POSH Act directives in relation to party functions can create legal gray areas for political organizations, leading to underreporting and mismanagement.
Role of the Election Commission of India (ECI)	ECI’s mandate is limited to RPA Act under Article 324, but its role in enforcing the POSH Act is unclear.	The Kerala High Court ruling highlights the gap in ECI’s authority to enforce workplace safety laws like POSH Act in political parties.
Legal Precedents	Courts like Kerala High Court ruled that political parties aren’t legally required to establish ICCs due to the lack of employer-employee relationship.	In 2022, the Kerala High Court ruled that political parties are not obligated to create ICCs, adding complexity to the application of workplace laws.

Way Forward

To ensure a safe and inclusive environment for women in political parties, the following changes need to be made:

Amendment of the POSH Act: The POSH Act should explicitly include political parties, clarifying what constitutes a “workplace” and who is considered the “employer” in this context. Clear guidelines from the Election Commission of India (ECI) or the Supreme Court can help enforce this.
Institution of Internal Complaints Committees (ICCs): Political parties should be mandated to set up ICCs to address complaints of harassment, ensuring the POSH Act is followed and providing an effective grievance redressal system.
Training and Awareness: Regular sensitization programs within political parties should be conducted to educate members about sexual harassment and the functioning of ICCs.
Dedicated Tribunal for Women: As per the Verma Committee, a dedicated tribunal could address harassment complaints within political parties. This would promote accountability, quick resolution, and a safer political environment.
Strengthening ECI Oversight: The Election Commission of India should be empowered to ensure compliance with workplace safety norms and ensure political parties follow the required guidelines.

The Supreme Court’s consideration of the POSH Act’s application to political parties underscores the need for stronger legal frameworks. Political parties must set an example by protecting women from harassment, setting a precedent that influences workplace safety across sectors in India.

#BACK2BASICS : POSH ACT

What is the POSH Act?

The POSH Act (Prevention of Sexual Harassment at Workplace Act) ensures women are protected from sexual harassment in workplaces, providing them a safe and inclusive working environment.

Background

Originated from the 1997 Supreme Court ruling in Vishakha v. State of Rajasthan, which laid out the Vishakha Guidelines for workplace safety.
Based on principles from Article 15 (prohibits gender-based discrimination) and international conventions like CEDAW (ratified by India in 1993).

Sexual Harassment?

Includes:

Unwelcome physical contact.
Sexual advances or requests for favors.
Sexually colored remarks or showing explicit content.
Other inappropriate conduct (verbal, physical, or non-verbal).

Workplace ?

Covers:

Government and private offices.
Workplaces visited for employment purposes.
Public or private sector organizations.

Key Provisions

Component	Details
1. Prevention and Awareness	Employers must actively prevent sexual harassment through awareness programs and display notices in the workplace.
2. Internal Complaints Committee (ICC)	– Required in organizations with 10 or more employees.- Can gather evidence and escalate appeals to the labor court.- For smaller organizations or special cases, a Local Committee (LC) is formed at the district level.
3. Duties of Employers	– Ensure a safe work environment.- Educate employees on their rights under the POSH Act.

4. Complaint Process	– Establish a clear procedure for filing complaints.- Ensure fair hearings for all involved parties.

5. Penalties	– Non-compliance can lead to fines.- In extreme cases, business licenses can be canceled.

Recommendations by Justice Verma Committee

Domestic Workers: Include domestic workers under the POSH Act for their protection.
Compensation: Employers should pay compensation to victims of workplace harassment.
Employment Tribunal: Establish tribunals to handle sexual harassment complaints, moving beyond reliance on ICCs for better impartiality.