POSH Act Not Applicable to Female Advocates’ Complaints Against Other Lawyers, Rules Bombay High Court

The Bombay High Court has ruled that the POSH Act, 2013 does not apply to complaints filed by female advocates against other lawyers. The division bench, led by Chief Justice Alok Aradhe and Justice Sandeep Marne, clarified that the POSH Act requires an employee-employer relationship, which does not exist between advocates and the Bar Council of India (BCI) or the Bar Council of Maharashtra and Goa (BCMG). Therefore, complaints by women lawyers cannot invoke the POSH Act provisions. However, the court stated that the Act will apply to employees or committee members of the BCI and BCMG. For professional or other misconduct by male lawyers, including sexual harassment, female advocates can seek redress under Section 35 of the Advocates Act. The court passed these directions while dismissing a PIL filed by the UNS Women Legal Association.

The association had sought the formation of permanent redressal mechanisms under the POSH Act for harassment complaints against lawyers. The court rejected the plea, stating that the Advocates Act offers an existing legal remedy.