Supreme Court issues notice to Centre, BCI on plea to implement POSH Act for women lawyers

The petition said in the absence of a clear precedent on this issue of applicability of the POSH Act to state bar councils or bar associations, women lawyers in India were at risk of an uneven protection across states, which is against the mandate of the statute. (PTI file photo)

The Supreme Court on Friday issued notice to the Centre and the Bar Council of India on a petition to implement the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) (POSH) Act, 2013 for women advocates enrolled with State Bar Councils or Bar Association.

According to the petition, the very object and design of the Act is to give effect to rights which ensures equality under Articles 14 and 15, life and dignity under Article 21 and freedom to practice any profession under Article 19 (1)(g). This also icludes the right to a safe environment free from sexual harassment, it said.

The petition said any interpretation that excludes women advocates from its protection is contrary to the Constitutional purpose that the Act seeks to fulfil.

“The Preamble to the POSH Act itself states that sexual harassment violates a woman's fundamental rights to equality under Articles 14 and 15, life and dignity under Article 21, and freedom to practice any profession under Article 19(1)(g), which includes the right to a safe environment free from sexual harassment, the petition said.

During the hearing, a bench of Justices BV Nagarathna and R Mahadevan asked how could a petition under Article 32 (right to move court for protection of fundamental rights) of the Constitution be filed against a high court judgment.

Notably, on July 7, the Bombay High Court held POSH law applied only in an employer-employee relationship, therefore, women lawyers did not fall in its ambit.

The petitioner's counsel subsequently agreed to delete the prayer for the setting aside of the high court order.

The top court was hearing a plea filed by advocate and author Seema Joshi which has sought directions to implement and apply the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) to women advocates enrolled with State Bar Councils/Bar Associations.

The plea, filed through advocates Ritika Vohra and Naman Joshi, also sought directions to constitute/continue internal committees under the POSH Act to hear complaints of women advocates.

The petition said in the absence of a clear precedent on this issue of applicability of the POSH Act to state bar councils or bar associations, women lawyers in India were at risk of an uneven protection across states, which is against the mandate of the statute.

With inputs from PTI