Political Parties and POSH Act- Supreme Court’s Verdict Raises Concerns for Women’s Safety-

New Delhi,Sep.20,2025:The Political Parties and POSH Act debate intensified after the Supreme Court of India rejected a petition seeking to bring political parties under the Prevention of Sexual Harassment (POSH) Act, 2013. The court ruled that political parties cannot be considered “workplaces” or “offices,” since membership in a party does not equate to employment-

Chief Justice B.R. Gavai, leading the bench, said-

“Political parties do not employ workers in the traditional sense. Accepting this petition would open a Pandora’s box.”

This decision has sparked nationwide debates about whether women in politics are left vulnerable without the legal safety net of POSH.

Background of the Case

The case began in 2022, when a petition was filed in the Kerala High Court demanding that political parties be brought under the POSH Act. The court rejected it, clarifying that under Section 2(o) of the Act, political parties are not defined as workplaces, nor are their members considered employees.

Activist Yogamaya M.G. challenged this verdict in the Supreme Court. Senior advocate Shobha Gupta argued that political parties function in an organized manner and therefore should not be excluded from POSH protection. However, the Supreme Court upheld the Kerala High Court’s decision in September 2025.

Why Political Parties Are Excluded from POSH Act

The POSH Act mandates Internal Complaints Committees (ICCs) in institutions with more than 10 employees. However, the court observed that:

• Political parties are not employers.
• Workers and volunteers are not salaried employees.
• A party office cannot be equated with a workplace under existing definitions.

This strict interpretation leaves lakhs of women working in party offices, campaigns, and political events outside POSH’s ambit.

Read the POSH Act details here (Government of India official resource)

Impacts of the Verdict on Women in Politics

The Supreme Court verdict on Political Parties and POSH Act has several implications:

1. No Legal Protection – Women in political parties lose the right to file POSH complaints.
2. No ICCs in Parties – Unlike companies, NGOs, and universities, most parties have no mandatory complaint committees.
3. Risk of Silent Harassment – Fear of retaliation may stop women from reporting harassment.
4. Political Participation Affected – Women may hesitate to enter or continue in politics.
5. Unequal Treatment – Other workplaces follow POSH, but politics is exempt.
6. Rise of Unregulated Power Abuse – Party hierarchies may exploit the absence of accountability.
7. Demand for New Law – Activists may push for a separate legal framework.

Arguments in Favour of Including Political Parties

Advocates for reform argue that-

• The definition of “workplace” in POSH Act is wide, even covering transport facilities like buses when linked to employment.
• Women in politics work systematically in offices and campaigns.
• Other organizations in the unorganized sector are included in POSH, so excluding political parties is unjustified.

Voices from Women Leaders

Several political leaders expressed disappointment:

• Priyanka Bharti (RJD): Called the verdict “unfortunate,” stressing that party offices are de facto workplaces.
• Sushma Andhare (Shiv Sena – UBT): Demanded a national women’s safety committee cutting across party lines.
• Maryam Dhawale (CPI-M): Pointed out that CPI(M) voluntarily set up an ICC, urging other parties to follow.
• Hemlata (CPI-M): Shared that their committee independently handles complaints and cannot be overridden by party leadership.

Statistics on Harassment in Politics

• 45% of women politicians in India reported physical violence.
• 49% faced verbal abuse, according to surveys cited by UN Women (2013) and Inter-Parliamentary Union (2016).
• 82% of women MPs globally experienced mental harassment, including online abuse.
• India’s Lok Sabha has only 14% women MPs, showing the gender gap.

Cases such as JD(S) leader Prajwal Revanna’s conviction in 2024 and Congress MLA Rahul Mamakootathil’s suspension in 2025 highlight the persistent dangers.

Comparisons with Other Sectors Under POSH Act

• Private Companies – Strict ICC mandates.
• Universities & NGOs – Must comply with POSH rules.
• Media & Sports bodies – Also under its purview.
• Political Parties – Exempt, despite millions of women working actively.

International Perspective

Globally, women in politics face similar challenges. Studies in South Asia show harassment is often used to suppress women’s political voices. Many democracies, including the UK and Canada, have adopted internal harassment policies for political institutions. India, however, still lacks a mandatory nationwide mechanism.

Future of POSH Act and Political Parties

Experts suggest three possible solutions:

1. Parliamentary Amendment – Expand POSH’s “workplace” definition to include political parties.
2. Separate Legislation – A new law dedicated to women in politics.
3. Voluntary ICCs – Encouraging parties to create internal committees, as CPI(M) has done.

The debate will likely intensify, as activists consider filing fresh petitions or pushing for legislative reforms.

The Political Parties and POSH Act controversy is not over. While the Supreme Court has closed one door, it has opened a wider debate on women’s safety in politics. Excluding political parties from the POSH Act leaves women vulnerable, undermines equality, and risks discouraging their participation in public life.