Bombay High Court rules POSH Act inapplicable to complaints by women lawyers against advocates.

Case in News

POSH Act not for women advocates against lawyers, rules Bombay High Court in PIL dismissal case .

Case Overview

Case Name – UNS Women Legal Association vs Bar Council of India & Ors .

In a significant judgment, the Bombay High Court ruled that the POSH Act (Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013) does not apply to complaints filed by women advocate members of the Bar Council of India (BCI) or Bar Council of Maharashtra & Goa (BCMG) against fellow lawyers . The bench comprising Chief Justice Alok Aradhe and Justice Sandeep Marne clarified that there exists no employee-employer relationship between the bar councils and enrolled advocates, which is a necessary prerequisite under the POSH Act .

Key Aspects

The key aspects of the case are as under –

• Female advocates filed a PIL via UNS Women Legal Association in 2017 .Sought redressal mechanism under POSH Act for sexual harassment by male advocates .
  
• Issue: Whether POSH Act applies to women advocates vis-a-vis other advocates .
  
• Bench clarified BCI/BCMG are not employers of enrolled lawyers . 

Legal Insights

The legal insights of the case are as under-

• POSH Act, 2013 :
  

• • • Applies only where a clear employee-employer relationship exists (Section 2(o) & Section 2(f) .
      

• Advocates Act, 1961 :
  

• 1. Section 35 empowers disciplinary action for professional or other misconduct including harassment .
     
• High Court Interpretation : POSH is valid only for BCI/BCMG employees, not for enrolled advocates . 

Court’s Verdict

The Bombay High Court dismissed the PIL, ruling that the POSH Act is inapplicable to complaints of female lawyers against male counterparts . Such grievances must be dealt with under Section 35 of the Advocates Act .

Source- High Court of Bombay

Read also- Legal Glossary – PIL