Supreme Court’s Decision Leaves Women in Politics Vulnerable

On August 1, 2023, a bench of the Supreme Court of India, including Chief Justice BR Gavai, dismissed a writ petition that sought to include political parties under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act. This legislation, designed to protect employees from sexual harassment, currently applies broadly to all types of workplaces, encompassing not only traditional employer-employee relationships but also domestic workers and volunteers in various settings.

The issue gained attention following a 2022 ruling by the Kerala High Court, which stated that political parties are not required to form Internal Complaints Committees (ICCs) as they do not meet the Act’s definition of a workplace. This ruling was made in response to a petition from the Women in Cinema Collective (WCC), formed after the 2017 sexual assault of a female actor in Kochi. The court’s interpretation effectively exempted political parties from the responsibilities outlined in the POSH Act.

The Supreme Court subsequently reinforced this view, asserting that the matter lies within the jurisdiction of lawmakers rather than the judiciary. Justice Gavai remarked that the petition’s request falls exclusively within the legislative domain, leaving many women aspiring to enter politics without necessary protections against harassment.

The implications of this ruling are significant. According to a December 2024 report from the NETRI Foundation, India’s first incubator for women in the political ecosystem, many women prefer behind-the-scenes roles due to the harassment and trolling they face, particularly on social media platforms. The Constitution of India guarantees every citizen the right to choose their profession, but this freedom often comes with the caveat of personal safety concerns.

A 2014 report by the Centre for Social Research indicated that approximately 90% of women avoid active political participation due to fears of violence and abuse. The report highlighted that nearly 50% of respondents experienced verbal abuse, while 45% reported physical threats, particularly during election seasons. Over 67% of women politicians identified their male colleagues as perpetrators of violence and harassment.

Despite recent membership growth, the representation of women in political parties remains troubling. In November 2024, the Bharatiya Janata Party (BJP) announced it had reached 111 million members, with an estimated 30% of these being women. The Indian National Congress (INC) reported an increase of over 200,000 women in its Mahila Congress wing through an online campaign launched in October 2024. However, these numbers reflect only a fraction of the total membership across India’s more than 2,000 political parties.

The absence of comprehensive data on the gender composition of political party memberships exacerbates the challenge. While the Communist Party of India (Marxist) (CPI(M)) has provided gender-disaggregated data indicating approximately 20% of its members are women, the overall lack of reporting obscures the extent of the issue. A UN report indicates that one in three women globally has experienced some form of gender-based violence, a statistic that resonates deeply within the political context.

The repercussions of harassment extend beyond individual experiences; they shape women’s overall political engagement. While some countries have enacted laws to protect women in political settings, such as Bolivia’s 2012 legislation criminalising violence against women in politics, India remains behind. The Supreme Court’s suggestion for legislative action, such as introducing a Private Member Bill, has proven ineffective, with no bill passing since 1970.

The reluctance of political parties to acknowledge their role as workplaces is part of a larger systemic issue, where self-regulation fails to address instances of misconduct. Women who bring forward complaints often face backlash, as seen in the case of Dr. Angkita Dutta, who resigned from the Congress Party after raising concerns about harassment from a colleague.

As the situation stands, the POSH Act does not need expansion but rather a commitment to proper implementation and interpretation. The recent judicial interpretations, particularly from the Kerala High Court, have diminished protections for women while simultaneously reinforcing an environment where harassment can thrive unchecked.

In discussions with the German Chancellor’s office regarding the risks women face in political careers, it was evident that while challenges exist globally, South Asian women experience particularly acute forms of violence and harassment. Learning from international examples where legal protections have improved safety for women in politics could guide India toward more effective solutions.

Political participation is not merely a women’s issue; it is a matter of democratic integrity. Allowing fear and violence to dictate participation undermines the very essence of representative democracy. Addressing this issue requires courage from the judiciary, political parties, and society as a whole to foster an environment where women can engage in politics free of fear and harassment.