Bombay High Court Clarifies: Bar Councils Not Bound by POSH Act for Advocates

Mumbai, July 8, 2025 — In a landmark judgment, the Bombay High Court ruled that the POSH Act (Sexual Harassment of Women at Workplace Act, 2013) does not apply to Bar Councils in the context of complaints filed by advocates. The reason? There is no employer–employee relationship between Bar Councils and practicing lawyers.

This verdict settles a long-standing debate around whether Bar Councils are legally obligated to set up Internal Complaints Committees (ICCs) under the POSH Act to hear harassment complaints from advocates.

Key Highlights of the Judgment:

The court, led by Chief Justice Alok Aradhe and Justice Sandeep Marne, clarified that:

“Bar Councils do not employ or supervise the work of advocates. Hence, the POSH Act does not mandate ICCs in this context.”

Applicability of POSH Act

The POSH Act covers all sectors of the organisations: from private to public, with ten and more employees. This includes corporate offices, education and NGOs, government establishments. All workplaces must, according to the Act, formulate their anti-sexual harassment policies and take measures to curb sexual harassment.

Since advocates are independent professionals, the Bar Council cannot be treated as their employer.

The judgment drew a distinction: while the POSH Act does not apply to advocates, it does apply to regular employees working within Bar Councils. These employees are covered, and ICCs are already set up for them.

The court emphasized that advocates are not left without remedies. Misconduct, including harassment, can be reported under:

Section 35 of the Advocates Act, 1961 – which allows the Bar Council to take disciplinary action against erring advocates.

Senior Advocate Milind Sathe, representing the BCMG, informed the Court that Local Committees under the POSH Act have already been constituted across districts, chaired by District Magistrates, as required under Section 6 of the Act.

The petitioners suggested involving local or district POSH committees as an alternative. However, the High Court rejected this, noting that these committees are only for employees of workplaces where ICCs aren’t applicable—not for independent professionals.