The Supreme Court has agreed to hear a plea questioning the Bombay High Court’s view that the POSH Act does not apply to complaints by women advocates before bar councils. The case could redefine sexual harassment protections for women lawyers across India.
New Delhi: The Supreme Court of India has issued notice on a petition filed by the Supreme Court Women Lawyers Association (SCWLA), questioning a recent judgment of the Bombay High Court which stated that the POSH Act, 2013 does not apply to complaints made by women advocates against members of bar councils.
This matter arises from the Bombay High Court’s July 7, 2025 decision in UNS Women Legal Association v. Bar Council of India, where the court ruled that women lawyers cannot use the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 to file complaints before bar councils.
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The High Court held that advocates are not “employees” of bar councils and therefore fall outside the scope of the POSH Act.
It also rejected the request to set up permanent Internal Complaints Committees (ICCs) within the Bar Council of Maharashtra and Goa and the Bar Council of India.
A Supreme Court bench comprising Justices BV Nagarathna and R Mahadevan has now sought responses from the Bar Council of India, the Bar Council of Maharashtra and Goa, the Union of India and the State of Maharashtra on this issue.
During the hearing, Justice Nagarathna referred to the working of the Supreme Court’s own Gender Sensitisation and Internal Complaints Committee (GSICC). She pointed out that this committee continues to process and pass orders on complaints even when they do not strictly fall within the legal definition of sexual harassment, showing a broader and more sensitive approach to workplace safety.
Although SCWLA was not a party before the Bombay High Court, it approached the Supreme Court stating that the High Court’s ruling affects women lawyers across the country.
According to the association, the judgment takes away an important legal protection and denies women advocates access to the proper statutory process provided under the POSH Act.
The SCWLA has challenged the High Court’s view that women lawyers should instead file complaints under Section 35 of the Advocates Act, 1961, which deals with professional misconduct.
The association argues that this section is not designed to address sexual harassment complaints and does not provide the safeguards required under the POSH Act.
The petition clearly highlights that Section 35 does not include essential features such as confidentiality, fixed timeframes for inquiry, presence of external members in the committee, and provisions for interim relief or compensation for victims.
It states that this mechanism is inadequate for handling sensitive cases of sexual harassment.
“The impugned judgment has further deprived the class of women lawyers or practicing legal professionals to avail the remedy under this special legislation, which was enacted specifically for protection of women and for creation of a safe-and growth-conducive work environment for women, irrespective of the category of their workplace,”
SCWLA has also relied on previous Supreme Court judgments concerning workplace sexual harassment to strengthen its argument.
It stated that statutory and professional bodies, especially those regulating legal professionals, are expected to create complaint redressal systems in line with the POSH framework.
The petition further pointed out that the Supreme Court’s own GSICC Regulations extend protection even to individuals who are not strictly employees, including volunteer solicitors.
This, according to SCWLA, shows that institutions can and should ensure safety mechanisms beyond rigid employment definitions.
The association also raised concerns about the lack of uniformity across bar councils in India. It highlighted that while the Bar Council of Delhi has already set up a POSH Committee and introduced an online system for filing complaints, many other bar councils have failed to do so.
SCWLA stressed that this uneven approach leads to unequal protection for women advocates depending on their state or jurisdiction.
The plea has been filed and argued by Senior Advocate Mahalakshmi Pavani along with Advocates Sneha Kalita, Ragini Juneja and Shaurya Mishra on behalf of the Supreme Court Women Lawyers Association.
This case is being seen as a significant step towards deciding whether women advocates practicing in courts across India will be given the same legal safeguards against workplace sexual harassment as other working women under the POSH Act, and whether bar councils will be mandated to create safer and more accountable professional environments.
Case Title:
Supreme Court Women Lawyers Association v. Bar Council of India & Ors
Diary No(s). 49533/2025
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