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A public interest litigation (PIL) has been filed in the Supreme Court of India seeking to bring all registered political parties under the ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The petition, filed by Supreme Court advocate Yogamaya MG, argues that the exclusion of women political workers from the protections of the Act is arbitrary and violates Articles 14 (Equality before law), 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth), 19 (Protection of certain rights regarding freedom of speech, etc), and 21 (Protection of life and personal liberty) of the Constitution.
The plea, filed through Advocate-on-Record Sreeram Parakkat, urges the apex court to issue a writ of mandamus declaring political parties as “employers” under Section 2(g) of the POSH Act. It also seeks the mandatory constitution of Internal Complaints Committees (ICCs) within political organisations, including national and regional parties.
"The arbitrary denial of these protections violates their fundamental rights," the petition states, adding that women political workers, including volunteers, interns, and campaigners, are currently left without any formal grievance redressal mechanism.
The petitioner has named major political parties including the Bharatiya Janata Party (BJP), Congress, Aam Aadmi Party (AAP), Communist Party of India (Marxist) (CPI(M)), Communist Party of India (CPI), Nationalist Congress Party (NCP), All India Trinamool Congress (AITC), Bahujan Samaj Party (BSP), National People's Party (NPP), and All India Professional Congress (AIPC) as respondents. The Union of India and the Election Commission of India are also listed as parties to the case.
The plea highlights inconsistencies in the constitution of ICs within political parties. For example, while CPI(M) has set up committees with external members, AAP's committee structure is unclear. The BJP and Congress reportedly address complaints via disciplinary committees or defer them to state units, a deviation from the legal structure mandated under the POSH Act.
Citing studies by UN Women (2013), the Inter-Parliamentary Union (2016), and the Justice Verma Committee (2013) (that was established to recommend amendments to India's criminal law related to sexual offenses), the petitioner underscores the prevalence of psychological and sexual harassment in Indian political spaces. One cited study found that 45% of Indian women politicians had faced physical abuse, and 49% had experienced verbal abuse.
The petition also critiques the 2022 Kerala High Court ruling which exempted political parties from forming ICs due to the absence of a formal employer-employee relationship. “Such exemption creates a concerning gap in protection,” the petition argues, urging the court to interpret the definitions of "workplace" and "employer" in the POSH Act broadly.
In 2024, the petitioner had filed a similar petition, which was disposed of with a direction to submit a representation to the Election Commission. A representation was sent on March 17, 2025, but the petitioner contends that no response has been received so far, necessitating the present writ.
The Supreme Court had also passed directions on December 3, 2024, to ensure better implementation of the POSH Act in various sectors. The present petition invokes that precedent, arguing that political parties cannot remain beyond the purview of gender justice laws.
The matter is expected to come up for hearing shortly.