A few years ago, a young woman Smitha interned with a major political party during a state election campaign. Bright and idealistic, she hoped the opportunity would lead her into a career in politics. Instead, she found herself enduring repeated inappropriate advances and lewd remarks by a senior party functionary. When she tried to report the incident, she was told firmly—that “this isn’t like a corporate office” and there was “no official process” for such complaints.
This is not a rare case. Smitha’s story reflects a larger, systemic gap in India’s legal framework when it comes to workplace safety for women especially in politics.
On August 1, 2025, the Supreme Court of India refused to entertain a Public Interest Litigation (PIL) seeking to bring political parties under the purview of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The PIL requested that political parties be treated as “employers” under the Act, which would mandate them to form Internal Committees to handle sexual harassment complaints.
However, a bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran declined the plea, stating the issue falls under the domain of Parliament, not the judiciary. The petitioner was allowed to withdraw the case with the liberty to challenge a 2021 Kerala High Court ruling that excluded political parties from POSH compliance.
While legally consistent with separation of powers, the decision reveals a troubling blind spot. Here’s why political parties must be brought under the PoSH Act:
- They function as workplaces: Political parties have offices, staff, interns, campaign workers, and volunteers. These are organised workplaces.
- Women work there regularly: Thousands of women are engaged in roles ranging from data analysts to campaign leads. They deserve workplace protections like anyone else.
- No existing redressal mechanism: Most parties lack formal complaint systems. POSH would make ICs legally mandatory, ensuring transparency and accountability.
- Public funding implies public accountability: Parties benefit from public resources and tax exemptions. They should be held to the same workplace standards as any publicly supported entity.
- Encouraging safe political participation: To make politics a viable career for women, the work environment must be safe. Legal protection is essential for meaningful inclusion.
- Legal Consistency: Excluding the most powerful institutions from PoSH creates a double standard in law enforcement.
- Moral and Institutional Responsibility: Lawmakers must lead by example. Upholding PoSH within their own institutions reinforces the values they claim to protect.
As India pushes for higher representation of women in politics, it cannot ignore the fundamental need for safety and dignity in political workspaces. The exclusion of political parties from the PoSH Act not only weakens legal protections for women but also damages the moral credibility of democratic institutions.
It’s time for Parliament to act because a democracy that cannot protect its women at the very heart of its power structure is a democracy in name only.
