A fresh writ petition has been filed before the Supreme Court seeking the enforcement of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, across political parties in India. The plea also requests the creation of grievance redressal mechanisms in line with the landmark 2013 Vishaka v. State of Rajasthan judgment.
The petition has been moved by Yogamaya M.G., a practising advocate at the Supreme Court, who has challenged the exclusion of female political workers from the protective framework of the POSH Act. According to the plea, this exclusion is in violation of Articles 14, 15, 19, and 21 of the Constitution of India.
“There is no rational or intelligible differentia to exclude women in politics from protections available to women in other professions,” the petition states.
It further points to reports from UN Women (2013) and the Inter-Parliamentary Union (2016), which document widespread psychological and sexual harassment of women in political spaces globally. The petitioner argues that this arbitrary denial of protection infringes upon the fundamental rights of women involved in political work.
Currently, some political parties like CPI(M), AAP, BJP, Congress, and All India Professional Congress have Internal Committees (ICs) as mandated under the POSH Act. However, there is no uniformity or public availability of details related to these committees.
“The details of AAP’s IC members remain undisclosed, while BJP’s internal structures are reportedly inadequate, often diverting complaints to Disciplinary Committees or state-level units,” the petition highlights.
The petitioner has made several major political parties respondents, including BJP, Congress, AITC, CPI(M), CPI, NCP, AAP, NPP, and BSP, along with the Union of India and the Election Commission of India.
Interestingly, a similar petition was filed by the same petitioner in 2024, which was disposed of with a direction to approach the Election Commission. The petitioner claims that although she submitted the representation, she has received no response to date.
“By its order dated December 3, 2024, the Supreme Court issued detailed guidelines for the effective implementation of the POSH Act and continues to monitor its application across all levels,” the petition recalls.
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The current petition has been filed through Advocate-on-Record Sreeram Parakkat and is registered as Writ Petition (Civil) No. 695 of 2025 under the title MS. YOGAMAYA M.G. v. UNION OF INDIA & ORS.