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The Supreme Court has called for one set of rules across the whole country to deal with sexual harassment complaints made by women advocates. It said the usual workplace protections may not properly cover the special situation of the legal profession.
A bench of Justice BV Nagarathna and Justice Augustine George Masih asked the Union Government and the Bar Council of India (BCI) to work together and frame these rules.
The rules would cover women lawyers who practise before High Courts, district courts, Taluka courts, tribunals and other quasi judicial authorities. The bench said the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) cannot be applied to them in a “straitjacket manner”.
Supreme Court Rules as a Model:
The Court said the Gender Sensitization and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013 could be used as a model.
These regulations give a separate system for handling sexual harassment complaints inside the Supreme Court premises. The Court said similar rules could be made for other courts and quasi judicial bodies across the country.
“These regulations have been made with regard to the Supreme Court of India precincts only. In order to have a wider coverage of these regulations in so far as the High Courts and all courts under the District Judiciary as well as Tribunals of the Central and State Governments, other quasi-judicial authorities etc., it is necessary that a separate set of regulations are made as we find that the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 cannot be applied in a straitjacket manner to the aggrieved women who belong to the legal profession. In the circumstances, we request the learned counsel appearing for the respective parties to have a joint consultation so as to draft a set of regulations applicable to all the aforesaid judicial and quasi-judicial courts, tribunals and authorities.”
Checking State Bar Councils:
The bench also asked the BCI to find out whether State Bar Councils already have any rules or systems for such complaints from women advocates. The Court asked the authorities to work together so that women lawyers in different courts and tribunals are not left without a proper way to seek help.
“Learned counsel for the respondent Bar Council also submitted that she would seek instructions in the matter and endeavour to bring about a common regulation applicable to the aggrieved women who are in the legal profession. We also request the learned counsel for the Bar Council of India to ascertain from the Bar Councils of the states as to whether any extant regulations are being implemented in this regard,” the Court ordered.
During the hearing, Justice BV Nagarathna spoke about changing the existing Supreme Court rules for High Courts and lower courts, including district and Taluka courts. She said the rules should cover advocates at all levels of the court system and not only the Supreme Court.
“So, now, for the High Court, you can have this. Maybe you can replicate it. Instead of saying Supreme Court, you can say High Court. What about district court, Taluk court? They also should be directed,” she said.
What Counts as a Workplace:
Justice Nagarathna also said that the new rules would need a clear idea of what counts as a workplace in legal practice. She said the rules could not simply copy the POSH Act and would have to take into account the special nature of the legal profession. The rules would also have to cover tribunals, quasi judicial authorities and other bodies set up under Central and State laws.
The PIL:
The Court was hearing a Public Interest Litigation (PIL). It asks the Court to declare that the protections in the POSH Act, 2013 apply to women advocates who are registered with State Bar Councils and practise before courts.
The petition also asks the Court to direct Bar Councils and Bar Associations to set up Internal Committees to receive and deal with sexual harassment complaints from women advocates.
Bombay High Court’s View:
The issue began when the Bombay High Court held that the POSH Act applied to employees of Bar Councils and Bar Associations. However, it said the Act did not apply to women advocates practising before them, because advocates and these bodies do not have an employer and employee relationship.
Petitioner’s Argument:
Senior Advocate Mahalakshmi Pavani, appearing for the petitioner, relied on the Supreme Court’s decision in Medha Kotwal Lele v. Union of India. She said the Court had directed Bar Councils and Bar Associations to set up systems to deal with sexual harassment complaints by women advocates.
She also argued that Section 35 of the Advocates Act, 1961, which allows disciplinary action for professional misconduct, cannot replace the complaint system meant under the POSH Act.
Union Government’s Stand:
Additional Solicitor General Aishwarya Bhati, appearing for the Union Government, said the Advocates Act was broad enough to deal with the issue.
Bond Between Advocates:
Justice Nagarathna, however, pointed out the special working relationship between advocates, especially where a senior advocate and a junior advocate work together without being employer and employee.
The bench noted that the systems already available under the POSH framework for people working in court establishments would not, on their own, solve the problems of women advocates practising before those courts.
The Court therefore encouraged the parties to study the existing Supreme Court regulations and think about adapting them for use in courts and Bar Councils across the country.
“Try to come out with this in mind, because this is now working quite well for Supreme Court. You look at it it for all the Supreme Court of India precincts, and accordingly, you will have to make it as High Court of each state precinct. And court-wise, you will have to just replicate this. Come up with another set of regulations. And they can be implemented by all the bar councils”, she said.
BCI’s Response:
Advocate Radhika Gautam, appearing for the BCI, told the Court that she would seek instructions and try to develop a common rule for women advocates facing sexual harassment. She also asked for time to collect information from the State Bar Councils about any existing rules or systems for such complaints.
Next Hearing:
The Supreme Court then directed the parties to explore making a common set of rules and listed the matter for the next hearing on 25 November.
Case Details: Seema Joshi v. Bar Council of India and Ors. W.P. (C) No. 805 of 2025
