Supreme Court notice to Centre, BCI on petition related to POSH complaints of women lawyers

The Supreme Court on Friday, November 21, sought response from the Center and the Bar Council of India on a plea challenging the Bombay High Court order that the POSH Act does not apply to complaints made by advocates against other advocates before the Bar Council.

A bench of Justices BV Nagarathna and R Mahadevan issued notice and tagged the case with a similar petition.

The apex court was hearing an appeal filed by the Supreme Court Women Lawyers Association against the July 7 judgment of the Bombay High Court.

Also read: Government should not remain a mute spectator to illegal constructions in Navi Mumbai: High Court

The petition argued that the High Court order has left women lawyers helpless, as the High Court had held that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), would not apply to the Bar Council.

This raised questions over the High Court’s decision, which had said that women lawyers can approach the Bar Council under Section 35 of the Advocates Act, 1961.

Also read: Supreme Court urges women without son, daughter and husband to make a will to avoid litigation

The petitioner argued that Section 35 of the Act deals with punishment of advocates for professional misconduct, which is different from sexual harassment.