Women in politics is a rare occurrence. Several historical, cultural, and educational factors contribute to this underrepresentation of women in politics. As of 2019, out of total world politicians, 24.5% are women, with just 2% in presidential posts. It is still significant progress from 2013’s 8% of women politicians worldwide. Women historically have been assigned with duties of household chores and child care, it is an immense leap that women are out working in the offices, that too in politics. But, when these offices are not safe then women and their families worry about them stepping out to work at an unsafe place. Considering all these The POSH Act, of 2013 was implemented – The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. But in a recent awakening, it is witnessed that Indian political parties are seen to lack a uniform implementation of the POSH act which mandates the formation of the Internal Complaints Committee for redressal of complaints by women on such matters.
This blog explores the relationship between POSH and politics, recent developments, the lack of POSH committees in political parties, and arguments around it and the way forward.
POSH AND POLITICS: WHY IN NEWS
The topic came to light with a case in Kerala High Court – Centre for Constitutional Rights Research and Advocacy v State of Kerala & Ors in 2022. The case revolved around the major questions – whether the POSH Act, 2013 applies to political parties. Why do they lack an Internal Complaints Committee when the act protects all women? In a surprising judgment, the Kerala High Court ruled that according to the act, women are protected from sexual harassment in the workplace. Now, the workplace in general terms establishes the employ-employer relationship. In the case of political parties, this relationship is ambiguous and the members of a political party are not regular employees under any labor contract. This ambiguity, combined with the decentralized and informal nature of political party structures, has often been cited as a reason for non-compliance to the POSH guidelines.
Thus, the Kerala High Court observed that political parties are not legally liable to establish an Internal Complaints Committee as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 since there is no traditional employer-employee relationship among its members. This decision led to an uproar among many civil societies, and NGOs working for women’s empowerment thereby a Public Interest Litigation (PIL) was filed in the Supreme Court for the application of the POSHActt to political parties.
The Supreme Court disposed of the PIL seeking the application of the POSH Act to political parties and asked the petitioner to first approach the Election Commission of India. It is being debated that if the Election Commission comes up with some guidelines to enrol the political parties in a convention employer position to all employees i.e. party members then this issue can be solved. The other provision will be an amendment in the POSH Act, 2013 to exclusively mention political parties and bring them in the ambit of ‘workplace.’
Though both options are legislatively heavy to implement, women’s safety and protection are not a small bet. Though on the surface it seems the correct thing to do, such steps have also received a fair share of arguments opposing them and supporting them. Let’s have a look.
ARGUMENTS IN FAVOR OF EXTENDING THE POSH ACT TO POLITICAL PARTIES
- Gender Equality – political parties are the ambassadors of a country’s robust system. If the ambassador cannot guarantee the protection of women, what is the condition of other functionaries? Political parties swear allegiance to the Constitution and it guarantees the right to equality, therefore political parties must be included under the POSH Act, 2013.
- Active involvement of women in politics – guaranteeing women protection from sexual harassment while working in parties, can ease their minds from any hesitation and encourage them to participate more.
- Safeguarding informal employees – Many women associated with political parties serve in informal or unpaid capacities, making them particularly vulnerable to harassment. The enactment of POSH provisions will also safeguard them and promote women employees in all sectors.
- Uniform implementation of POSH provisions – Institutions with more than 10 members are required to implement POSH mechanisms. The exclusion of political parties is inconsistent with the intent of the law and defeats the purpose. If a rule is made to protect women, then it should protect all without discriminating based on employment background.
ARGUMENTS AGAINST EXTENDING THE POSH ACT TO POLITICAL PARTIES
- Ambiguity of employer-employee – Political parties operate on informal structures and lack a clear employer-employee relationship, which complicates the applicability of the POSH Act.
- Decentralized party system – our power decentralization model promoted many levels of government including the panchayatiRajj system. In such a diverse environment, it will be difficult to form POSH committees at the block or panchayat level in remote areas.
- Current Internal Discipline Mechanisms are enough – Political parties have internal committees, “Disciplinary Action Committees.” These bodies address broad breaches of discipline like “moral turpitude” or actions lowering the party’s prestige. It is being argued that these officials can be trained to handle such matters as well as these incidents do harm a party’s reputation and standing. So, it should be treated as an internal matter.
- High expenditure – formation of POSH committees for every party that too at every level will be high expenditure. The POSH guidelines mandate the formation of a committee with diverse background members, which will be task hard and time tedious to accomplish.
CONCLUSION AND WAY FORWARD
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 must include political parties. The act was brought after the ‘Vishakha Guidelines’ case to safeguard women against sexual harassment in the workplace. It was a step to ensure that they are safe when they work out of their homes. The crime rate against women cannot be side-eyed, it has been a constraint and always be a constraint in the path of women’s empowerment and true freedom. The easiest way to present your problems in the mainstream is to be your representative in the Parliament and politics. The n number of problems of finances, marital constraints, and historical bondage that women do not get a say in running of political affairs are there but at least we must ensure that those who fight these and reach the post present there and a whole sex’s issue must feel safe at their workplace.
The way forward can implement some solutions like – every political party get enrolled in the Election Commission of India it is the statutory authority dealing with all party affairs and under article 324, they can mandate each party to have a POSH committee of their own have some professionally trained officials from outside as well. The lack of POSH committees in political parties is because of ambiguous employee-employer relations, then the act itself can be amended to explicitly add political parties to the act’s ‘workplace’ definition. There can even be an independent POSH committee that deals with all permanent, temporary, or contractual political party employee grievances under POSH. There should be awareness programs as well to educate the party members as well of what is sexual harassment and what it includes under the 2013 act’s ambit, this will help to educate the lowest-level government members as well.
Thus, if ‘work is worship’ then the workplace should also be serene like worship places and there should be no place for exploitation and harassment.
Author(s) Name: Bhavya Shrivastava (Bharati Vidyapeeth (Deemed to be University) New Law College, Pune)
