The Glaring Blind Spot: Why Political Parties Must Be Accountable Under PoSH

India’s journey towards gender equality and workplace safety has seen significant strides, particularly with the enactment of the Prevention of Sexual Harassment at Workplace (PoSH) Act in 2013. This landmark legislation was designed to create safe environments for women across myriad professional settings, from corporate offices to government institutions.

Yet, a glaring, unsettling anomaly persists: political parties, the very institutions that shape our laws and govern our nation, inexplicably remain outside the essential purview of this crucial Act.

This isn't merely a procedural oversight; it's a profound systemic flaw that leaves countless women navigating the treacherous world of politics exposed and vulnerable.

When a woman faces sexual harassment within a political party, she often finds herself in a legal vacuum, with no formal recourse mechanism provided by the very law designed to protect her. Unlike other workplaces where Internal Complaints Committees (ICCs) are mandatory, political parties have largely sidestepped this critical responsibility.

The urgency of this issue has been highlighted by none other than the Supreme Court of India itself, which, in various judgments, has underscored the imperative for all workplaces to establish robust mechanisms against sexual harassment.

Expert committees have consistently echoed this call, emphasizing that the spirit of the PoSH Act demands universal application. However, when put to the test, entities like the Election Commission (EC) have cited that political parties do not fit the legal definition of an 'establishment' under the current Act.

This interpretation, while perhaps technically accurate based on present wording, creates a dangerous loophole that fundamentally undermines the intent of the law and perpetuates a culture of impunity.

Imagine the dedication and courage it takes for women to break barriers and participate in the often-rough-and-tumble world of politics.

They invest their time, energy, and reputations, contributing significantly to public life. To deny them the basic right to a safe working environment, free from harassment and with avenues for redress, is not just an injustice but a deterrent to greater female participation in governance. It sends a chilling message that their safety is secondary, their complaints inconsequential when compared to the opaque structures of political power.

The time for legislative inaction on this front is over.

It is imperative that Parliament moves swiftly to amend the PoSH Act, explicitly including political parties within its ambit. Alternatively, a dedicated, comprehensive law specifically tailored to address sexual harassment within political organizations could be enacted. Such legislation must ensure that every political party, irrespective of its size or influence, is mandated to establish an accessible, independent, and effective Internal Complaints Committee.

These committees must be empowered to investigate complaints thoroughly, ensure due process, and recommend appropriate disciplinary actions without fear or favour.

Ensuring accountability within political parties is not just about protecting individuals; it’s about upholding the foundational values of our democracy.

Gender justice is not a fringe issue; it is central to a fair and equitable society. By bringing political parties under the PoSH Act, India would send a powerful message: no institution, no matter how powerful or influential, is above the law when it comes to the safety and dignity of its members. It's a fundamental step towards creating truly inclusive and just political spaces, where women can thrive without fear, and contribute their fullest potential to nation-building.