Supreme Court to examine plea against Bombay HC ruling which said POSH Act doesn’t apply to bar councils
Petition challenges Bombay High Court judgment denying sexual harassment protection under POSH Act to women advocates in bar councils
The Supreme Court has issued notice on a plea filed by the Supreme Court Women Lawyers Association (SCWLA) challenging the Bombay High Court’s July 7, 2025 ruling, which held that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) does not extend to complaints by women advocates against bar councils. The petition was listed before a Bench of Justices BV Nagarathna and R Mahadevan, who sought responses from the Bar Council of India (BCI), Bar Council of Maharashtra and Goa (BCMG), Union of India, and State of Maharashtra.
The SCWLA contends the High Court’s judgment denies women lawyers access to the statutory procedures under the POSH Act by placing them solely under Section 35 of the Advocates Act, 1961, which deals with professional misconduct but lacks key safeguards such as confidentiality, fixed inquiry timelines, external committee members, and provisions for interim relief or compensation.
The petition highlights that the POSH Act was enacted to provide women protection and create safe workplaces regardless of employment classification. It stresses the need for bar councils nationwide to adopt uniform complaint redressal mechanisms in line with POSH provisions, pointing to inconsistencies among various bar councils. The Delhi Bar Council’s POSH Committee and digital complaint system are cited as positive examples.
Senior Advocate Mahalakshmi Pavani and others represent the SCWLA in the petition seeking to ensure consistent protection against sexual harassment for women advocates across India.