Supreme Court: Seema Joshi v. Bar Council POSH Act Inadequate for Women Lawyers

• The Supreme Court observed that the POSH Act cannot be applied rigidly to women advocates, signaling a gap in current protections.
• Justices BV Nagarathna and AG Masih, both current Judges of the Supreme Court of India, suggested a separate regulatory framework for female lawyers practicing in courts and tribunals nationwide.
• The existing Gender Sensitisation Regulations for the Supreme Court are limited to its premises, leaving other judicial bodies uncovered.
• A joint consultation among stakeholders is proposed to draft comprehensive regulations for women in the legal profession.
• This initiative aims to provide wider coverage for High Courts, district courts, and various tribunals, where current POSH provisions are deemed insufficient.

The Supreme Court recently highlighted that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, may not be adequately tailored to address the unique circumstances of women advocates.

India's Supreme Court recently highlighted that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, may not be adequately tailored to address the unique circumstances of women advocates. The POSH Act, 2013, remains in force in India. During proceedings in the case of Seema Joshi v. Bar Council of India, a bench comprising Justices BV Nagarathna and AG Masih observed that the existing legislation cannot be applied in a rigid, 'straitjacket manner' to female legal professionals. Justice BV Nagarathna is currently a Judge of the Supreme Court of India, and Justice Augustine George Masih is also a sitting Judge of the Supreme Court of India.

This significant observation emerged while the Court was hearing a plea specifically seeking enhanced statutory protections for women advocates across the country. The bench underscored the necessity for a distinct regulatory framework designed to safeguard female lawyers practicing within various judicial forums, including courts and tribunals nationwide. This signals a potential re-evaluation of how sexual harassment protections are extended to this segment of the workforce.

The Supreme Court's examination extended to the Gender Sensitisation and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013. These regulations are still in force and recognized by the Supreme Court. The bench pointed out a critical limitation: these regulations are strictly confined to the precincts of the apex court itself. This narrow scope leaves a significant void in protection for women lawyers operating in other judicial bodies.

The Court explicitly stated that for broader coverage encompassing High Courts, all courts under the district judiciary, tribunals under both Central and State governments, and other quasi-judicial authorities, a separate set of regulations is imperative. The rationale articulated was that the provisions of the POSH Act are not sufficiently adaptable for aggrieved women who are members of the legal profession, necessitating a bespoke solution to ensure comprehensive protection.

In light of these identified gaps, the Supreme Court has called for a collaborative effort among various stakeholders to formulate a comprehensive set of regulations specifically for women in the legal profession. This initiative will also involve a thorough review of the existing gender sensitisation rules to ensure their efficacy and applicability in a broader context.

The proposed separate regulatory framework for female lawyers practicing in courts and tribunals across India aims to provide more appropriate and effective mechanisms for prevention, prohibition, and redressal of sexual harassment. This move acknowledges the unique professional environment of women advocates and seeks to establish robust protections where current legislation may fall short, thereby enhancing the safety and dignity of women lawyers nationwide.

Lawyers and compliance officers should note the Supreme Court's observation that the existing POSH Act may not adequately cover women advocates, signaling a potential gap in current protections. This development necessitates monitoring for the proposed new regulatory framework, which will impact compliance obligations and the rights of female legal professionals across courts and tribunals in India.

Source: Original reporting via Bar and Bench