Supreme Court rules sexual harassment prevention law not applicable to political parties
New Delhi (The Uttam Hindu): The Supreme Court has clearly refused to bring political parties under the purview of the 2013 law related to the prevention of sexual harassment of women at workplaces. A three-judge bench headed by Chief Justice B.R. Gavai, while dismissing the appeal filed in this case, said that if this is done, it will "become a tool for blackmail." The court made it clear that applying this law to political parties will open a "Pandora's box" of disputes and complaints.
The bench said that joining a political party is not the same as working there. There is no employer and employee relationship between a political party and its members. The Chief Justice raised the question during the hearing – “How can you consider political parties as a workplace? There is no employment, no salary and no appointment.” This case was related to the petition of Advocate Yogamaya M.G., who challenged the decision of the Kerala High Court. The High Court had already clarified that the 'Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013' does not apply to political parties, as there is no employer-employee relationship with them.
It is worth noting that in December last year, while dealing with a similar petition, the Supreme Court had suggested the petitioner to contact the Election Commission of India. The court had then said that the Election Commission can expect recognized parties to prepare an internal system for resolving complaints related to sexual harassment.