Political Parties Not Bound To Establish Internal Complaints Committee under POSH Act
Case: Centre for Constitutional Rights Research and Advocacy v. State of Kerala & Ors.
Coram: Chief Justice S. Manikumar and Justice Shaji P. Chaly
Case No.: WP(C) NO. 36059 OF 2018
Court Observation: “..we find that the political parties, which are not having any employer-employee relationship with its members and which are not carrying on with 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.”
“This would be more clear, if we analyse the definition of employer contained under section 2(g)(ii). Section 2(g)(i) in fact deals with the department, organisation, undertaking, establishment etc. of the appropriate Government or a local authority, head of that department, an organisation etc. So that clause 2(g) (i) would not come into play so far as the contentions advanced in the writ petitions are concerned against the respondents in the writ petition because there is no case for the petitioners that any of the organisations and the political parties would come under the term “appropriate Government” or “local body” so as to persuade such organisations to constitute an Internal Complaints Committee.”
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Keywords
POSH Act, Complaints Committee
