POSH Act Cannot Be Invoked In Complaints By Lawyer Members Against Bar Council, No Employer-Employee Relationship: Bombay High Court

The Bombay Excessive Court docket on Monday held that the provisions of the Sexual Harassment of Girls at Office (Prevention, Prohibition and Redressal) 2013 (POSH Act) is not going to apply on the complaints lodged by feminine advocate members of the Bar Council of India (BCI) or the Bar Council of Maharashtra & Goa (BCMG).
A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne held that the provisions of the POSH Act is not going to apply to the complaints of feminine lawyer members of the BCI and BCMG as there is no such thing as a “employee-employer” relationship between them.
“The provisions of the Act of 2013 apply when there may be an employee-employer relationship. However in case of advocates and the BCI or the BCMG, there is no such thing as a such relationship and thus, the provisions of the Act of 2013 is not going to apply on complaints filed by woman legal professionals,” the bench recorded within the order.
A replica of the order is but to be made out there.
Additional, the bench clarified that the provisions of the POSH Act will apply solely to the workers of the BCI and BCMG, who’re the committee members and so forth, of the stated associations.
“It’s nonetheless, made clear, that the provisions will apply on complaints filed by any of the workers or the committee members of the BCI and BCMG,” the bench stated.
For any sort of misconduct with woman legal professionals by their male counterparts, the bench made it clear that the provisions of the Advocates Act are properly in place.
“Part 35 of the Advocates Act supplies motion in opposition to any sort of skilled or different misconduct by the legal professionals. It is a treatment out there for girl legal professionals, to file complaints in opposition to any sort of harassment which can quantity to skilled or different misconduct,” the judges defined.
With these observations, the bench disposed of a PIL filed by woman legal professionals, who contended that the provisions of 2013 Act should be invoked in opposition to the complaints filed by them over sexual harassment.