POSH and Political Organizations

The request stated that the interpretations of ‘workplace’ and ‘employer’ in the 2013 Act need to be broadened to encompass the political spectrum.

It requested the court to declare that “political parties must adhere to the procedure for ensuring women’s safety in the workplace according to the POSH Act.”

The court advised the petitioner to enlist some women Parliamentarians and introduce a private member bill, as this is within Parliament's jurisdiction.

The Act for the Prevention, Prohibition, and Redressal of Sexual Harassment of Women at the Workplace, 2013.

The definition of sexual harassment encompasses physical touching, requests for sexual favors, inappropriate sexual comments, displaying pornography, and all other unwanted physical, verbal, or non-verbal behavior.

Applicable to all work environments in India, encompassing the private sector, government agencies, NGOs, educational organizations, and the informal sector.

Employee: All female staff members, regardless of whether they are regularly, temporarily, contracted, working on an ad hoc or daily wage basis, as apprentices or interns, or even employed without the principal employer's awareness, can pursue remedies for sexual harassment at work.

Formation of Internal Complaints Committee (ICC): It is mandatory for employers to establish an ICC at every office or branch that has 10 or more staff members.

It must be led by a woman, include at least two female employees, one additional staff member, and a third party, like an NGO worker, possessing five years of experience.

Local Committee (LC): It requires each district nationwide to establish a local committee (LC) to handle complaints from women employed in companies with fewer than 10 workers.

Procedure for Submitting Complaints: A woman may submit a written complaint within a timeframe of three to six months following the sexual harassment occurrence.

The committee can address the issue in two ways: by facilitating conciliation between the complainant and the respondent (which cannot involve a financial settlement), or by launching an inquiry and taking necessary actions based on its findings.

Time-limited investigation and action: Issues should be addressed within 90 days.

Yearly Audit Report: The employer must submit a yearly audit report to the district officer regarding the total sexual harassment complaints lodged and measures implemented at year's end.

Non-compliance may result in a fine of up to ₹50,000 and possible revocation of business licenses for repeated offenses.

Difficulties in Enforcing POSH within Political Parties

Lack of Employer-Employee Relationship: Political parties do not create an official employment connection with their party workers.

They are supporters who have committed their allegiance to a party without hopes of any job perks.

Definition of Workplace: Political parties are recognized organizations but not regulated by labor or employment regulations.

Work and Membership Informality: Numerous party workers, volunteers, and grassroots leaders function in unofficial, unpaid positions, complicating the identification of their status within the POSH framework.

Lack of Transparency and Absence of Accountability: Organizations operate with unclear internal processes and seldom disclose information regarding complaints or resolution mechanisms.

Path Ahead

Urge the Election Commission of India to provide guidelines for implementing internal accountability systems for sexual harassment within political parties.

Moreover, political parties can actively incorporate measures for preventing sexual harassment into their party’s Constitution and Regulations.

This action will demonstrate their genuine dedication to women's safety more than the speeches delivered at their rallies.