New Delhi, Feb 4 (PTI) Women and Child Development (WCD) Ministry on Wednesday did not give a direct response to a question by MP Swati Maliwal in Rajya Sabha on whether the laws related to sexual harassment at workplace apply to women in political parties, even as it said the definitions under the law are “inclusive”.
In a written question in the Rajya Sabha, Maliwal asked if the Government recognises that women in political parties, though not classified as ’employees’, remain vulnerable to sexual harassment in the absence of mandatory Internal Complaints Committees.
She also asked if there have been any consultations with the Election Commission of India and political parties regarding the extension of protection mechanisms under the POSH Act, 2013, or the creation of equivalent institutional frameworks; and whether the Government proposes to issue guidelines or take legislative/administrative measures to ensure mandatory and time-bound institutional protection for women members of political parties.
In reply, WCD Minister Annpurna Devi listed out the provisions of laws against sexual harassment at workplaces.
“Sexual harassment of women at the workplace is a grave violation of women’s fundamental rights to equality, life, and liberty… Such acts create an insecure work environment, hindering women’s participation in the workforce and adversely affect their economic empowerment and the goal of inclusive growth,” the minister said.
She said the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) covers all women, irrespective of age or employment status and extends its protection to both public and private sector workplaces, organised or unorganised, including domestic workers, and said the law is “inclusive”.
The Minister highlighted that Section 2(a) of the Act defines “aggrieved woman” as a woman, of any age, whether employed or not, who alleges she has been subjected to sexual harassment at the workplace.
She said the term “workplace” is expansively defined to include government bodies, private sector organisations, non-governmental organisations, and institutions carrying out commercial, professional, vocational, educational, entertainment, industrial, health services or financial activities. Accordingly, the Act applies to formal and informal sectors, organised and unorganised settings and public and private spaces, she said.
The reply also quoted a 2022 judgment of Kerala High Court, which opined 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.” Another 2013 judgment of the Bombay High Court quoted in the reply said “the definition of workplace is inclusive and deliberately kept wide by the Parliament to ensure that any area where women may be subjected to Sexual Harassment is not left unattended or unprovided for”.
Maliwal, a Rajya Sabha MP and former chief of Delhi Commission for Women, made headlines in May 2024 after alleging that Kejriwal’s personal assistant Bibhav Kumar assaulted her at the Delhi Chief Minister’s residence, sparking a political controversy and police proceedings.
She has however not quit the Aam Aadmi Party and continues to be a Rajya Sabha MP. PTI AO AMJ AMJ
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