Bombay High Court: POSH Act Not Applicable to Advocates, Dismisses Plea for ICCs in Bar Councils
The Bombay High Court has ruled that the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) do not apply to advocates, as there is no employer-employee relationship between Bar Councils and members of the legal profession.
A Division Bench comprising Chief Justice Alok Aradhe and Justice Sandeep Marne on Monday dismissed a public interest litigation filed in 2017 by the UNS Women Legal Association, which had sought the constitution of permanent Internal Complaints Committees (ICCs) within the Bar Council of Maharashtra and Goa (BCMG) and the Bar Council of India (BCI).
“Neither the Bar Council of India nor the Bar Council of Maharashtra and Goa can be said to be the employers of advocates. Thus, the provisions of the POSH Act do not apply,” the Court held.
While rejecting the petition, the Court emphasized that women advocates are not without remedy in cases of harassment by fellow lawyers. It pointed to Section 35 of the Advocates Act, 1961, which empowers State Bar Councils to inquire into allegations of professional or other misconduct against advocates.
“Section 35 provides a remedy available for lady lawyers against any kind of professional or other misconduct,” the bench noted.
Senior Advocate Milind Sathe, appearing for BCMG, informed the Court that Local Committees under Section 6 of the POSH Act, intended for workplaces that are not formally structured, are already functioning across districts and chaired by District Magistrates.
The Court clarified that while the POSH Act, 2013 is inapplicable to advocates in their professional capacity, it remains fully enforceable in respect of the employees of Bar Councils or Bar Associations, subject to the statutory threshold of having ten or more employees.