Bombay High Court Rejects ICC Plea
The Bombay Excessive Courtroom At the moment (July 7) stated that Bar Councils don’t must type ICCs beneath the PoSH Act since legal professionals should not staff. Sexual harassment complaints by advocates can nonetheless be dealt with beneath the Advocates Act, 1961.
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MUMBAI: The Bombay Excessive Courtroom as we speak rejected a request to type everlasting Inner Complaints Committees (ICCs) beneath the Sexual Harassment of Ladies at Office (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) in each the Bar Council of Maharashtra and Goa (BCMG) and the Bar Council of India (BCI).
The bench, which included Chief Justice Alok Aradhe and Justice Sandeep Marne, made it clear that the PoSH Act solely applies in circumstances the place there’s a clear employer-employee relationship.
On this case, since advocates should not staff of the Bar Councils, the provisions of the PoSH Act don’t apply.
The Courtroom clearly acknowledged:
“Thus, it’s evident that the provisions of Act apply when there’s an employer-employee relationship. Neither the Bar Council of India nor the Bar Council of Maharashtra and Goa could be stated to be the employers of advocates … Thus, the provisions of the POSH Act, 2013 don’t apply to advocates.”
This order got here in response to a Public Curiosity Litigation (PIL) that was filed again in 2017 by the UNS Ladies Authorized Affiliation. The PIL had requested for a everlasting system to handle complaints of sexual harassment towards legal professionals by way of formal ICCs inside Bar Councils.
Nevertheless, the Courtroom dismissed the plea by declaring that if any advocate faces sexual harassment from one other advocate, they’re not with out authorized choices. They will file a grievance beneath the Advocates Act, 1961.
The Courtroom emphasised that the PoSH Act might not apply to advocates themselves, however it does apply to staff working in Bar Councils or Bar Associations if the variety of staff is greater than ten. In such circumstances, an ICC have to be shaped, as required by legislation.
In the course of the listening to, Senior Advocate Milind Sathe, who appeared for BCMG, knowledgeable the Courtroom that Native Committees have already been shaped in all districts beneath the management of District Magistrates or Collectors, in step with Part 6 of the PoSH Act.
He additionally talked about that beneath Part 35 of the Advocates Act, 1961–
“Any particular person, together with a girl advocate, can file a grievance earlier than the State Bar Council for skilled or different misconduct, together with acts of sexual harassment.”
Contemplating these current treatments and frameworks, the Bombay Excessive Courtroom concluded that there’s no authorized cause to drive Bar Councils to create ICCs for advocates, since they aren’t staff beneath the PoSH legislation.
The PIL was accordingly disposed of, reinforcing that whereas the PoSH Act offers safety to staff, advocates should depend on provisions beneath the Advocates Act for any grievance associated to misconduct or harassment by fellow legal professionals.
CASE TITLE:
UNS Ladies Authorized Affiliation (Regd). v. Bar Council of India and ors.
POSH Act in India: Legislation Stopping Sexual Harassment at Workplaces
The Sexual Harassment of Ladies at Office (Prevention, Prohibition and Redressal) Act, 2013, also called the POSH Act, is an important legislation in India. It’s made to guard girls from sexual harassment at their office and to make sure that they will work in a secure and respectful setting.
This legislation applies to all types of workplaces throughout the nation, whether or not massive or small, authorities or non-public, organized or unorganized, together with home work.
The Act relies on three main objectives: prevention of harassment, prohibition of such acts, and redressal of complaints in a correct manner.
Key Options of the POSH Act
- Definition of Sexual Harassment
The legislation offers a large that means to sexual harassment. It contains:
- Undesirable bodily contact
- Calls for or requests for sexual favours
- Sexually colored remarks
- Exhibiting pornography
- Some other undesirable bodily, verbal or non-verbal conduct of a sexual nature
- The place the POSH Act Applies
The POSH Act applies to all workplaces:
- Non-public places of work and firms
- Authorities departments
- Factories
- Retailers and institutions
- Academic establishments
- Hospitals and nursing properties
- Houses (for home staff)
It protects not solely everlasting staff but additionally short-term, part-time, and contract staff.
- Duties of Employers beneath the POSH Act
Each employer with ten or extra staff should:
- Arrange an Inner Complaints Committee (ICC) in each workplace or department
- Guarantee a secure working setting
- Show particulars of the POSH Act and the ICC on discover boards
- Organise common consciousness and coaching periods for workers
- File an annual report with the District Officer concerning the variety of complaints acquired and actions taken
- How the Criticism Course of Works
- Inner Complaints Committee (ICC)
Workplaces with ten or extra staff should create an ICC. The committee should have:- A girl Presiding Officer (senior lady worker)
- At the least two different staff
- One exterior member from an NGO or authorized background
- Native Complaints Committee (LCC)
If there are fewer than ten staff, or if the grievance is towards the employer, then the case should go to the LCC arrange by the native District Officer. - Submitting a Criticism
A grievance must be made inside three months of the incident. It may be filed by the lady herself or by another person on her behalf. The committee should full the inquiry inside 90 days and take obligatory motion. - Penalties and Motion
If the particular person is discovered responsible, they are often punished by:- Warning or written apology
- Deduction from wage
- Termination of employment
- Authorized motion in critical circumstances
- Safety for Complainants
The Act strictly says {that a} lady mustn’t face any punishment, risk, or discrimination for submitting a grievance in good religion. Retaliation shouldn’t be allowed.
- Essential Aims of the POSH Act
- Prevention: To cease sexual harassment earlier than it occurs by educating folks and creating consciousness
- Prohibition: To ban all types of sexual harassment within the office
- Redressal: To supply a correct system to research and resolve complaints pretty and rapidly
- Why the POSH Act Is Essential
The POSH Act is vital as a result of it:
- Promotes gender equality at work
- Encourages girls to talk up with out worry
- Makes certain that workplaces are secure and respectful for everybody
- Builds accountability amongst employers and staff
- Helps stop misuse of energy or place towards girls
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