Parliament's domain: Supreme Court refuses to entertain PIL to apply PoSH Act to political parties

The Supreme Court on Friday refused to entertain a writ petition seeking application Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act) to political parties [Yogamaya MG v. Union of India and Others].

A Bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran said that the issue fall within the domain of the parliament.

"This is only in domain of parliament," the Bench said.

When it was pointed out by the petitioner's counsel that there is a Kerala High Court judgment on the issue and hence, the matter cannot be construed as strictly falling within the domain of the legislature, the Bench said the Kerala High Court verdict can be challenged by way of an appeal.

Hence, it refused to entertain the writ petition.

The petitioner then chose to withdraw the plea which the Bench allowed.

"Withdrawal allowed to pursue remedies as available in law," the Court recorded.

The petitioner, Supreme Court advocate Yogamaya MG, moved the Court highlighting non-compliance with the PoSH Act by political parties, particularly when it comes to constitution of Internal Complaints Committee (ICC) to deal with sexual harassment complaints.

The plea, therefore, prayed that the definitions of 'workplace' and 'employer' under the PoSH Act be harmoniously interpreted to make the Act applicable to political parties.

The petitioner had earlier to approached the Supreme Court over the same issue.

However, the apex court had then asked the petitioner to approach the Election Commission of India (ECI) first.

Later, after receiving no response from the ECI, the petitioner moved the present plea before the top court.

Senior Advocate Shobha Gupta and advocates Sriram Parakkat and Deepak Prakash represented the petitioner.

[Live Coverage]