Provisions of Sexual Harassment of Women in workplace (Prevention, Prohibition and Redressal) 2013 (POSH) Act will not apply to complaints initiated by female advocate members of the Bar Council of India (BCI) or the Bar Council of Maharashtra and Goa (BCMG) against other Advocates in the absence of an ”employee-employer” relationship between them, ruled the Bombay High Court bench of Chief Justice Alok Aradhe and Justice Sandeep Marne.

Noted the judges,“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 and thus, the provisions of the Act of 2013 will not apply on complaints filed by lady lawyers," the bench recorded in the order.

Additionally, the bench clarified that the provisions of the POSH Act are pertinent solely to the employees of the BCI and BCMG, namely committee members and other staff associated with these bodies.

"It is, however, made clear, that the provisions will apply on complaints filed by any of the employees or the committee members of the BCI and BCMG," the bench further noted.

The bench made it clear that, in cases involving any misconduct by male advocates towards their female counterparts, the provisions of the Advocates Act serve as an adequate legal remedy.

"Section 35 of the Advocates Act provides action against any kind of professional or other misconduct by the lawyers. This is a remedy available for lady lawyers, to file complaints against any kind of harassment which may amount to professional or other misconduct," the bench remarked.

In light of these observations, the bench dismissed a Public Interest Litigation (PIL) filed by the UNS Women Legal Association, which had argued that the provisions of the 2013 POSH Act should apply to complaints of sexual harassment made by women advocates. The petition, filed in 2017, also sought the establishment of a permanent grievance redressal mechanism to address such complaints against lawyers.

Consequently, the bench proceeded to dismiss the said PIL.

Source: News