Can the POSH Act Cover Women Lawyers?

The Supreme Court has recently highlighted the need for a clear mechanism to address sexual harassment complaints involving women lawyers practicing before courts and tribunals.

On 18 September 2026, while hearing the case of Seema Joshi v. Bar Council of India & Ors., the Supreme Court observed that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) cannot be applied in a “straitjacket manner” to women advocates. The Court called for consultations between the relevant stakeholders, including the Union Government and the Bar Council of India (“BCI”), to consider a regulatory framework addressing sexual harassment complaints involving women in the legal profession.

Why is a Separate Framework Being Considered?

The issue arises, in part, because the working environment of lawyers does not always involve a conventional employer-employee relationship. A woman lawyer may practice independently and interact with senior advocates, other advocates, clients, courts, tribunals and other legal institutions in the course of her professional work.

During the proceedings, the Supreme Court noted that the existing POSH mechanisms applicable to court employees may not, by themselves, adequately address complaints involving advocates. The Court therefore suggested considering a framework specifically addressing the circumstances of women in the legal profession.

Importantly, the Court has not, at this stage, held that women lawyers are outside the protection of the POSH Act. Rather, the proceedings concern how an effective mechanism should operate where the conventional employer-employee relationship contemplated under the POSH framework may not exist.

What Did the Supreme Court Suggest?

The Court referred to the Gender Sensitization and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013, which provide a mechanism for addressing sexual harassment within the Supreme Court precincts.

The Court suggested that the existing framework could be considered as a model for developing appropriate regulations applicable to High Courts, district and Taluka courts, tribunals and other judicial and quasi-judicial authorities. The Court also requested the BCI to ascertain whether State Bar Councils have existing regulations dealing with sexual harassment complaints involving women advocates.

The BCI indicated that it would seek instructions and endeavour to develop a common regulation applicable to women in the legal profession.

What Happens Next?

The Supreme Court has requested the relevant stakeholders to undertake a joint consultation and consider a set of regulations applicable across judicial and quasi-judicial courts, tribunals and authorities.

The BCI has also been asked to ascertain whether any existing regulations are being implemented by State Bar Councils. The matter has been listed for further hearing on 25 November 2026.

No new nationwide regulatory framework for women lawyers has been prescribed by the Supreme Court at this stage.

Why Does This Matter?

The proceedings bring attention to an important question: how should sexual harassment complaints involving women lawyers be addressed where there is no conventional employer-employee relationship?

The Supreme Court's observations indicate that the existing mechanisms may need to be adapted to account for the particular nature of legal practice. A common framework could provide greater clarity regarding the forum and procedure for addressing complaints involving women advocates across courts, tribunals and other legal institutions.

The issue remains under consideration, and the framework that may ultimately emerge will depend on the consultations between the concerned stakeholders and the Supreme Court's further consideration of the matter.

Key Takeaway

The Supreme Court has not introduced a new nationwide POSH framework for women lawyers. Instead, it has recognised the need to consider an appropriate regulatory mechanism addressing sexual harassment complaints involving women in the legal profession and has called upon the Union Government and the BCI to work towards such a framework. The matter remains pending before the Supreme Court.