Supreme Court: In a special leave petition filed against the Judgment of Kerala High Court, wherein it was held that it was not compulsory for political parties to set up an Internal Complaints Committee (‘ICC’) to address sexual harassment complaints as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, (‘POSH Act’), since there is no employer-employee relationship among its members, the three Judge Bench of BR Gavai, CJI, K. Vinod Chandran and Atul S. Chandurkar, JJ. refused to entertain a petition seeking to bring registered political parties under the ambit of the POSH Act.
Background
In 2022, the issue before the High Court was whether organizations connected with film, television, and other allied activities, as well as various political organizations, are creating a workplace or establishing an employer-employee relationship that would invoke the provisions of the POSH Act. Specifically, the question was whether these organizations would be required to constitute an ICC under the POSH Act.
The High Court clarified that any organization, establishment, or private institution employing workers, whether for wages or not, would fall within the definition of “employer,” “employee,” and “workplace” under the provisions of the Act, thus making it their duty to establish an ICC. This requirement applies if the organization meets the criteria set forth by the Act, such as employing 10 or more workers.
The Court further noted that the definition of “employer” under Section 2(g)(ii) specifically includes private and non-governmental entities, while Section 2(g)(i) pertains to government departments, organizations, and local authorities. Since the petitioners did not claim that any of the organizations or political parties involved in the writ petitions qualified as a government body or local authority, the provisions of Section 2(g)(i) did not apply to them.
Regarding the political parties, the High Court held that these organizations do not have an employer-employee relationship with their members, nor do they operate as private ventures or establishments in the contemplation of a “workplace” under Section 2(o)(ii) of the Act. As a result, political parties are not required to constitute an Internal Complaints Committee under the Act.
In conclusion, while organizations engaging 10 or more workers must establish an Internal Complaints Committee, political parties, which do not engage in employer-employee relationships, are exempt from this requirement.
Court’s Order:
The Court expressed its unwillingness to interfere with the impugned judgment and order passed by the Kerala High Court. Consequently, the Special Leave Petition was dismissed.
[Yogamaya v State of Kerala, Special Leave Petition (Civil) Diary No(s). 47381/2025, decided on 15-09-2025]
Advocates who appeared in this case :
For Petitioner(s): Ms. Shobha Gupta, Sr. Adv., Mr. Sriram P., AOR, Ms. Jyoti P. Deborah, Adv., Ms. Gopika Raman, Adv., Ms. Komal, Adv.