supreme-court-verdict-posh-act
Introduction
In a landmark judgment, the Supreme Court of India recently ruled that political parties cannot be treated as workplaces under the POSH Act. This ruling clarifies the law but also opens up a debate about women’s safety in political spaces.
The Petition
Petitioner Yogamaya MG sought to bring registered political parties under the POSH Act, arguing that:
- The Act uses broad definitions to include all entities — public or private.
- Thousands of women work or volunteer in political parties and deserve legal protection.
Supreme Court’s Reasoning
The bench led by CJI Bhushan R. Gavai held that:
- Political Parties ≠ Workplaces
Membership in a political party is voluntary, not employment. - No Employer-Employee Relationship
There is no contract of service or remuneration. - Risk of Misuse
Extending POSH to political parties could open doors for frivolous complaints. - Example for Students:
Being a campaign volunteer for a political rally is different from being a paid employee at a corporate office. The former is not covered under POSH, the latter is.Key Takeaways
- This judgment is a classic case of statutory interpretation.
- It shows how courts apply legislative intent and limit the scope of a law.
