New Delhi, November 22, 2025 – The Supreme Court on Friday sought responses from the Centre and the Bar Council of India (BCI) on a petition challenging the Bombay High Court’s ruling that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) does not extend to complaints filed by women lawyers against other advocates before bar councils.
A bench comprising Justices B.V. Nagarathna and R. Mahadevan issued notices and tagged the case along with a similar plea. The court is now set to examine whether women lawyers have statutory remedies under the POSH Act when their complaints are directed at professional peers through regulatory bodies.
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The petition, filed by the Supreme Court Women Lawyers Association, is represented by senior advocate Mahalakshmi Pavani, assisted by advocate Sneha Kalita. It specifically challenges the Bombay High Court’s July 7, 2025, decision, which held that bar councils are outside the ambit of the POSH Act.
According to the petitioners, the High Court’s ruling leaves women lawyers effectively remediless. The Bombay High Court had directed that women could approach bar councils under Section 35 of the Advocates Act, 1961, which deals with punishment for professional misconduct, but does not address sexual harassment complaints.
The petition emphasizes that sexual harassment at the workplace constitutes a separate legal category from professional misconduct. “Section 35 addresses ethical and professional violations, not harassment or gender-based misconduct,” the petition notes. “Relying solely on disciplinary provisions leaves women without proper protection and fails to meet the objectives of the POSH Act.”
Legal experts suggest that the Supreme Court’s decision could have far-reaching implications for women in the legal profession. If the Court rules that the POSH Act applies to bar councils, women lawyers would gain statutory protection against harassment in professional settings previously beyond the scope of workplace protections.
The POSH Act mandates that workplaces set up Internal Complaints Committees (ICCs) to address complaints promptly, ensure safe working environments, and provide remedies to victims of harassment. Applying these provisions to bar councils would allow women lawyers to access dedicated grievance redress mechanisms while maintaining the independence of regulatory institutions.
The petition further questions whether bar councils currently possess adequate mechanisms to address complaints of sexual harassment. Limiting recourse to Section 35 procedures, which primarily focus on ethical violations, does not sufficiently address the legal and personal harm caused by harassment.
Supreme Court scrutiny will determine whether women lawyers should have access to statutory remedies under the POSH Act in addition to professional disciplinary measures. The Court’s ruling could set an important precedent for professional bodies across India, clarifying that statutory protections for women extend to regulatory and professional institutions, not just traditional workplaces.
The notice issued by the Court requires both the Centre and the BCI to submit their responses regarding the applicability of the POSH Act to bar councils. Observers note that this case highlights a significant gap in legal protection for women in professional sectors where peer-to-peer interactions occur, and where traditional workplace structures may not exist.
The outcome of this case will have broad implications for gender justice in the legal profession. Extending POSH Act protections to bar councils could enhance accountability, strengthen complaint mechanisms, and provide women lawyers with meaningful legal recourse for harassment complaints.
With the matter now formally before the Supreme Court, the legal community awaits a definitive judgment that could reshape the framework for addressing sexual harassment in professional institutions, ensuring that women in law have both recognition and remedy under statutory law.
