SC Seeks Centre, BCI Response on Extending POSH Act to Lawyers

In a landmark move, the Supreme Court of India has sought responses from the Centre and the Bar Council of India (BCI) regarding the extension of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) to lawyers. This development addresses long-standing concerns about the absence of formal mechanisms to tackle sexual harassment in the legal profession.

Background of the Case

The SC’s notice follows a petition filed by a woman lawyer, highlighting the lack of safeguards for women advocates in courtrooms and chambers. The petitioner argued that while the POSH Act mandates Internal Complaints Committees (ICCs), lawyers—especially those practicing independently—fall outside its scope.

A bench of Justices Surya Kant and KV Viswanathan issued notices to the Ministry of Law and Justice and the BCI, questioning whether the POSH Act should explicitly cover advocates. The court stressed the need for a “safe and dignified environment” for women in the legal field.

Why Extending POSH Act to Lawyers Matters

1. Protection for Women Lawyers

Women advocates often face harassment from peers, seniors, or even judges but lack a structured grievance redressal system. Fear of backlash silences many victims.

2. Legal Loophole in Current Framework

The POSH Act defines a “workplace” in a way that excludes courts, bar associations, and individual chambers, leaving junior lawyers and interns vulnerable.

3. Global Precedents

Countries like the UK and Australia have specific anti-harassment policies for legal professionals. India’s judiciary is now under pressure to adopt similar measures.

Bar Council of India’s Role & Challenges

The BCI, the regulatory body for lawyers, has faced criticism for inaction on gender-sensitive policies. While some state bar associations have voluntary guidelines, enforcement remains weak. The Supreme Court’s notice pushes the BCI to clarify whether it will mandate ICCs or propose alternative safeguards.

Senior advocate Indira Jaising noted: “If courts expect workplaces to comply with POSH, the legal profession must lead by example.”

Government’s Stand & Possible Reforms

The Centre’s response will be crucial. Potential outcomes include:
– Amendment to the POSH Act to include lawyers.
– Judicial guidelines (similar to the Vishakha case, 1997) if legislative changes are delayed.

Key Reforms Needed

• Mandatory ICCs in bar associations and courts.
• Regular sensitization programs for lawyers and judges.
• Expanded definition of “workplace” to cover courtrooms and chambers.

Conclusion

The Supreme Court’s intervention is a critical step toward gender justice in law. As the Centre and BCI deliberate, the focus must remain on protecting women lawyers who uphold the legal system. A strong POSH framework for advocates is essential for accountability and progress.

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