By Anuradha Gandhi and Isha Sharma
Introduction
The Supreme Court on Friday, November 21, 2025[1] agreed to consider a petition filed by the Supreme Court Women Lawyers Association, urging that the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 also known as the POSH Act be made applicable to complaints against advocates as well.
Background of the Petition:
This plea challenges a recent judgment of the Hon’ble High Court of Bombay stating that the POSH Act does not extend to members of legal profession. The ruling states:
“The provisions of the Act of 2013 apply where the relationship of employer and employee exists. Neither Bar Council of India nor Bar Council of Maharashtra & Goa can be said to be employer of advocates. Therefore, the provisions of the Act of 2013 do not apply insofar as it pertains to advocates. However, the same would apply insofar as it pertains to employees of the Bar Council of India as well as Bar Council of Maharashtra & Goa.”[2]
A bench comprising Hon’ble Mrs. Justice B.V. Nagarathna and Hon’ble Mr. Justice R. Mahadevan issued notice on the petition and clubbed the matter with a previously filed petition raising similar concerns.
Arguments Raised:
According to the Supreme Court Women Lawyers Association, the High Court’s ruling runs contrary to past directions of the Supreme Court mandating that all professional bodies establish Internal Complaints Committee to address grievances pertaining to sexual harassment at workplaces.
As per the report, Senior Advocate Mahalakshmi Pavani, representing the association, submitted that the High Court verdict effectively deprives women lawyers of any formal mechanism for redress, leaving them without a robust and structured forum to report misconduct.
‘She argued that the High Court had adopted a narrow interpretation by holding that the POSH Act did not apply in the absence of an employer-employee relationship, and had ignored that the Act was a special law meant to ensure a safe and dignified workplace for women.’[3]
Supreme Court Intervention:
With the Supreme Court now taking cognizance of the issue, the applicability of the POSH Law to the legal profession- long debated due to the unique nature of advocacy as an independent calling- is set for authoritative judicial examination. The Supreme Court’s decision to examine the matter is expected to have significant implications for women advocates, particularly in ensuring robust mechanisms to address sexual harassment issue within the legal profession.
[1] https://api.sci.gov.in/officereport/2025/49533/49533_2025_2025-11-21_1877.pdf