Lawstreet Journal

Political Parties Are Not Obliged To Form An Internal Complaints Committee Under POSH Act: Kerala High Court

Lawstreet Journal 20 Mar 2022 2:35am

Image courtesy: Lawstreet Journal Judiciary Political Parties Are Not Obliged To Form An Internal Complaints Committee Under POSH Act: Kerala High Court

The Kerala High Court on Thursday gave an important judgement saying that the Political Parties shall not be held responsible for not creating an Internal Complaints Committee (ICC) under Protection of Women from Sexual Harassment Act, 2013 because an employer-employee relationship as such is not there among the members in a political party.

A Bench consisting Chief Justice S. Manikumar and Justice Shaji P. Chaly remarked:

“…we find that the Political Parties, which are not having any employer-employee relationship with its members which are not carrying on wit any private venture, undertaking, enterprises, institution, establishment etc. In contemplation of a ‘workplace’ as defined under section 2(o)(ii) of Act ,2013, are not liable to make any internal Complaints Committee.”

The remark came up in the PIL moved by the Centre for Constitutional Rights Research and Advocacy (CCRRA) looking for the guidance to form Internal Complaints Committee in the Political Parties under the POSH Act, 2013. The Indian National Congress (INC), Bharatiya Janata Party (BJP), Communist Party of India (Marxist) were the respondents in this case. The argument was based on the matter that all the organizations which have more than 10 employees shall have an Internal Complaints Committee, the legislation is in operation but the execution of the same has not yet occurred in any of the organizations. 

Advocate Sandhya Raju appeared on behalf of CCRRA disagreed over the issue that it leads to serious lawlessness according to the said Act. The State should take action according to the Act. She… Continue Reading...

Tagged: kerala high court   POSH Act  
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  21 Mar 2022 1:00pm
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