Source: Bombay High Court  

Why in News? 

The Bombay High Court on Monday held that the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) will not apply to complaints lodged by female advocate members of the Bar Council of India (BCI) or the Bar Council of Maharashtra & Goa (BCMG) against other advocates. 

• The Bombay High Court held this in the matter of UNS Women Legal Association v. Bar Council of India & Ors. (2025). 

What was the Background of the Case? 

• The UNS Women Legal Association filed a Public Interest Litigation (PIL) in 2017 seeking the formation of permanent grievance redressal mechanisms to address sexual harassment complaints against lawyers. 
• The PIL contended that the provisions of the POSH Act, 2013 must be invoked against complaints filed by female advocates over sexual harassment by their male counterparts. 
• The petitioner argued that women advocates face sexual harassment in their professional environment and should be protected under the comprehensive framework provided by the POSH Act. 
• The case raised fundamental questions about the applicability of workplace sexual harassment laws to the legal profession and the nature of the relationship between advocates and bar councils. 
• The matter involved determining whether the employer-employee relationship necessary for POSH Act application exists between bar councils and practicing advocates. 

What were the Court's Observations? 

• A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne held that the provisions of the POSH Act will not apply to complaints of female lawyer members as there is no "employee-employer" relationship between advocates and bar councils. 
• The Court observed that "The provisions of the Act of 2013 apply when there is an employee-employer relationship. But in case of advocates and the BCI or the BCMG, there is no such relationship as neither the BCI nor the BCMG can be said to be employers of the advocates." 
• The bench clarified that the provisions of the POSH Act will apply only to the employees of the BCI and BCMG, who are the committee members and staff of the said associations. 
• For any kind of misconduct with lady lawyers by their male counterparts, the bench made it clear that the provisions of the Advocates Act are well in place, specifically citing Section 35 of the Advocates Act which provides action against professional or other misconduct by lawyers. 
• The Court noted that this existing remedy is available for lady lawyers to file complaints against any kind of harassment which may amount to professional or other misconduct. 
• With these observations, the bench disposed of the PIL filed by the UNS Women Legal Association, effectively dismissing their demand for POSH Act application. 

What is the POSH Act, 2013? 

About: 

• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides a comprehensive legal framework for addressing sexual harassment of women at workplaces. 
• The Act defines sexual harassment as any unwelcome act or behavior (whether directly or by implication) of sexual nature, including physical contact, demand for sexual favors, sexually colored remarks, showing pornography, or any other unwelcome physical, verbal or non-verbal conduct of sexual nature. 
• Every employer is required to constitute an Internal Complaints Committee (ICC) at each office or branch with 10 or more employees to address complaints of sexual harassment. 
• For workplaces with less than 10 employees, complaints are addressed by Local Complaints Committees (LCC) constituted at the district level. 
• The Act mandates that the ICC must be headed by a woman and include at least one member from amongst women's organizations or person familiar with issues relating to sexual harassment. 
• The Act provides for interim relief including transfer of complainant/respondent, granting leave, and other measures to ensure the complainant's safety and continuation of employment. 
• Penalties include compensation to the complainant, disciplinary action against the respondent, and potential criminal prosecution under relevant sections of the Bharatiya Nyaya Sanhita (BNS) and Indian Penal Code. 

Comparison Between POSH Act and Sexual Harassment Laws 

POSH Act vs. Bharatiya Nyaya Sanhita (BNS) Provisions: 

• POSH Act is a civil remedy focusing on workplace-specific sexual harassment with emphasis on prevention, prohibition, and redressal through internal mechanisms. 
• BNS Sections 74 (IPC 354), 75 (IPC 354A), 76 (IPC 354B), 77 (IPC 354C), 78 (IPC 354D) 79 deal with sexual harassment or offenceas criminal offenses with penalties including imprisonment and fines. 
• POSH Act provides for compensation to the victim, while BNS focuses on punishment of the perpetrator. 
• POSH Act has a broader definition of sexual harassment including non-physical conduct, while BNS provisions are more specific to physical acts and verbal/non-verbal conduct. 
• POSH Act mandates preventive measures like awareness programs, while BNS is purely punitive. 
• POSH Act provides for interim relief and protection during proceedings, while BNS procedures follow standard criminal law processes. 
• POSH Act requires mandatory reporting by employers, while BNS complaints are typically victim-initiated. 

Implications of the Judgment 

The Bombay High Court's ruling creates important precedents for the legal profession. Women advocates facing sexual harassment from colleagues must now rely on the Advocates Act's disciplinary mechanisms rather than the more comprehensive POSH Act framework. This decision highlights the unique nature of the legal profession where practitioners are not employees but independent professionals regulated by bar councils. 

The judgment emphasizes that while POSH Act protections are not available for inter-advocate harassment, the Advocates Act provides adequate remedies through its professional misconduct provisions. However, critics argue that the disciplinary mechanisms under the Advocates Act may not be as robust or victim-friendly as the POSH Act's specialized procedures.