The Supreme Court excluded political parties’ offices from the POSH Act

The Supreme Court refused to consider the petition seeking to bring registered political parties under the ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

• On September 15, 2025, the Supreme Court held that political parties cannot be considered as "workplaces" while keeping them outside the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
• "Subjecting political parties to the POSH Act will open a Pandora’s box and they will become a tool for blackmail," the Supreme Court said.
• The bench asked, "How can you equate political parties with workplaces? When a person joins a political party, it is not employment.
• It is not a job because they join political parties of their own free will and without any remuneration. How can political parties be included in the law against sexual harassment at workplace?"

Political Parties’ Offices from the POSH Act Case Details

• Senior Advocate Shobha Gupta, appearing for petitioner Yogmaya Ji, told the bench headed by Chief Justice Gavai that although many women are active members of political parties, only CPM has constituted an Internal Complaints Committee (ICC) with external members.
• This leaves women in political parties with no remedy against sexual harassment.
• Demanding that the law should equally apply to registered parties as well, which swear allegiance to the Constitution and mandate the protection of women’s dignity, including a safe working environment.
• The petitioner alleged that AAP lacks transparency regarding its own committee, while BJP and Congress have admitted the inadequacy of ICC structure.
• The bench dismissed the appeal against the 2022 Kerala High Court judgment which had held that in the absence of an employer-employee relationship, political parties have no obligation to establish an ICC.

About POSH Act 2013

• Judicial precedent: Based on Vishakha judgment 1997
• Scope: Applicable to all workplaces: government, private sector, NGOs, educational institutions, hospitals, sports facilities etc.
• Also includes domestic workers.
• Internal Complaints Committee (ICC): Mandatory at every workplace with 10 or more employees.
• At least 50% of members and the presiding officer will be women.
• Local Complaints Committee (LCC): In every district to handle complaints in workplaces with fewer than 10 employees.
• Complaint: Must be made to ICC or LCC within 3 months from the date of the incident, which must be investigated within 90 days.