CourtKutchehry

Supreme Court Rules Political Parties Not Covered by POSH Act, Cites No Employer-Employee Relationship

Court says joining a political party is voluntary, not employment; warns against misuse and blackmail risks

Petition sought mandatory Internal Complaints Committees in parties; only CPM currently has one with external members

By Our Legal Correspondent

New Delhi, September 16, 2025 — The Supreme Court of India has ruled that registered political parties cannot be brought under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — commonly known as the POSH Act — because they are not “workplaces” in the legal sense.

A bench led by Chief Justice of India B.R. Gavai, along with Justices K. Vinod Chandran and Atul S. Chandurkar, dismissed a petition filed by advocate Yogamaya G challenging a 2022 Kerala High Court judgment that had reached the same conclusion.

The Petition and Its Arguments

The petitioner argued that many women are active members of political parties and often face sexual harassment in political spaces, yet have no formal mechanism for redressal.

Only the Communist Party of India (Marxist) has set up an Internal Complaints Committee (ICC) with external members, as required under the POSH Act.
The Aam Aadmi Party (AAP) was accused of lacking transparency about its committee.
The Bharatiya Janata Party (BJP) and Indian National Congress admitted to having inadequate ICC structures.

Senior advocate Shobha Gupta, appearing for the petitioner, argued that the POSH Act’s definition of “aggrieved woman” includes women “whether employed or not,” and therefore political parties should be covered. She said the Constitution mandates protection of women’s dignity and a safe environment, and that political parties — as registered entities — owe this duty to their members.

Supreme Court’s Reasoning

The bench was unconvinced. Chief Justice Gavai asked:

“How do you equate political parties as workplace? When a person joins a political party, it is not employment. It is not a job as they join political parties on their own volition and on a non-remuneration basis. How can the law against sexual harassment at workplace include political parties?”

The Court stressed that the POSH Act is designed for workplaces where there is an employer-employee relationship. Political party membership, the judges said, is voluntary and does not involve payment or contractual employment.

The bench also warned that extending the Act to political parties could “open a Pandora’s box” and potentially become a tool for blackmail.

Kerala High Court’s 2022 Judgment

The Supreme Court’s decision upholds the March 2022 Kerala High Court ruling, which held that political parties are under no legal compulsion to establish ICCs in the absence of an employer-employee relationship.

That case was filed by the Centre for Constitutional Rights Research and Advocacy (CCRRA), which sought mandatory ICCs in political parties including the Congress, BJP, and CPI(M). The High Court rejected the plea, saying the statutory definition of “employer” under Section 2(g) of the POSH Act did not apply to political parties.

The POSH Act: Purpose and Scope

The POSH Act, 2013 was enacted to protect women from sexual harassment at workplaces, following the Supreme Court’s landmark Vishaka v. State of Rajasthan (1997) judgment.

Key features:

Applies to both public and private sector workplaces.
Covers employees, interns, and visitors.
Requires organisations with 10 or more employees to set up an Internal Complaints Committee.
Defines “workplace” broadly, including offices, institutions, and even virtual workspaces.

The petitioner argued that this broad definition should include political parties, given that they are organised entities where women work in various capacities.

Why the Court Said No

The Supreme Court’s refusal rests on three main points:

No Employer-Employee Relationship — Political party members are not employees; they join voluntarily and are not paid salaries.
Risk of Misuse — The Court warned that applying the POSH Act to political parties could lead to frivolous or malicious complaints for political gain.
Legislative Intent — The Court indicated that if Parliament wanted to include political parties, it would have done so explicitly in the law.

Reactions to the Judgment

The decision has drawn mixed reactions.

Supporters say the Court is right to avoid overextending the law beyond its intended scope, which could lead to misuse.
Critics argue that the ruling leaves a serious gap in protection for women in political spaces, where harassment is a documented problem.

Women’s rights activists have called for new legislation or amendments to specifically address harassment in political parties and other non-traditional workspaces.

The Larger Issue: Women in Politics

India has seen a steady rise in women’s participation in politics, from grassroots panchayats to Parliament. However, studies and anecdotal evidence suggest that harassment and gender-based discrimination remain common.

Without legal safeguards like the POSH Act, women in political parties must rely on internal party mechanisms — which may be absent, opaque, or biased.

Possible Next Steps

Legal experts say the ball is now in the legislature’s court. Parliament could:

Amend the POSH Act to explicitly include political parties.
Enact a separate law for harassment in political and public life.
Mandate the Election Commission to require ICCs as part of party registration rules.

Until then, women in political parties will have to depend on voluntary measures by parties themselves.

Conclusion

The Supreme Court’s ruling in Yogamaya G v. State of Kerala & Ors. reaffirms a narrow interpretation of the POSH Act’s scope, keeping political parties outside its ambit. While the judgment is legally consistent with the Act’s current framework, it has reignited debate over how to protect women in political spaces — one of the most public yet least regulated arenas in India.

For now, the law remains as it is: political parties are not “workplaces” under the POSH Act, and there is no legal requirement for them to set up Internal Complaints Committees.