POSH Act Cannot Apply in ‘Straitjacket Manner’ to Women Lawyers: SC

The Supreme Court on Friday observed that provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) cannot be applied in a “straitjacket manner” to women belonging to the legal profession.

A bench comprising Justices B V Nagarathna and Augustine George Masih asked the parties, including the Centre, to hold a joint consultation and prepare model regulations for courts, tribunals and quasi-judicial authorities to address complaints of sexual harassment involving women lawyers.The court was hearing two petitions, including one seeking the implementation of the POSH Act for women advocates enrolled with State Bar Councils and Bar Associations.

During the proceedings, the bench examined the Gender Sensitisation and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013. It noted that the existing framework applies specifically to the Supreme Court premises.

The bench said a separate and wider regulatory framework was necessary to cover high courts, district courts, tribunals of the Centre and states, and other quasi-judicial bodies.It observed that the POSH Act, in its existing form, could not simply be applied in a uniform manner to aggrieved women in the legal profession, indicating the need for regulations that take into account the particular working environment of lawyers.

The counsel representing the Bar Council of India (BCI) told the court that she would seek instructions and explore the possibility of framing common regulations for women in the legal profession.

The bench also asked the BCI counsel to ascertain from state Bar Councils whether any existing regulations or mechanisms were already being implemented to deal with such complaints.The court directed lawyers representing the parties to hold a joint meeting and work towards model regulations, and posted the matter for further hearing on November 25.

In August last year, the Supreme Court had agreed to examine a plea seeking application of the 2013 law to women advocates enrolled with State Bar Councils and Bar Associations. The petitioners had also sought internal committees to hear complaints and ensure consistent protection for women lawyers across states.