The Supreme Court of India has recently highlighted an important issue concerning the protection of women lawyers from sexual harassment in the legal profession. On September 18, 2026, while hearing Seema Joshi vs. Bar Council of India & Ors., the Court observed that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, cannot be applied to women advocates in a rigid or “straitjacket” manner.
The Court called for a closer examination of how complaints involving women advocates should be addressed across different courts and tribunals, recognising the distinctive nature of legal practice.
Background of the Issue
The POSH Act was enacted to protect women from sexual harassment at the workplace and to establish mechanisms for receiving and resolving complaints. However, practising advocates occupy a somewhat different position from conventional employees. Bar Councils and Bar Associations do not necessarily have an employer-employee relationship with individual advocates.
This distinction has raised questions about the manner in which the POSH Act should operate when allegations of sexual harassment involve women lawyers.
The issue came before the Supreme Court in Seema Joshi vs. Bar Council of India, a writ petition concerning protection available to women advocates. The proceedings have brought attention to whether the existing mechanisms sufficiently address the professional circumstances of lawyers working in courts and other legal institutions.
Supreme Court’s Observations
A Bench of the Supreme Court considered the practical difficulties associated with applying the POSH Act uniformly to women advocates. Lawyers may practise before different institutions, including the Supreme Court, High Courts, district and subordinate courts, tribunals and other quasi-judicial bodies.
The Court indicated that the POSH Act may not always provide a straightforward solution for every situation involving advocates. It therefore suggested that specific rules and procedures should be considered for handling sexual-harassment complaints involving women lawyers.
The Court also referred to arrangements already operating within the Supreme Court and
indicated that existing practices could be considered while addressing the issue in other courts and legal forums.
Role of the Centre and Bar Council of India
The Supreme Court has called for consultation involving the Union Government, the Bar Council of India (BCI) and other stakeholders. The objective is to examine existing practices and consider suitable measures for receiving and dealing with complaints made by women advocates.
Such measures could clarify important procedural questions, including where a complaint should be filed, which authority should examine it and what process should be followed when an allegation arises in different judicial or quasi-judicial settings.
The discussion is particularly relevant because advocates may work across multiple institutions and may interact with judges, fellow advocates, clients, court staff and other professionals in the course of their work.
Why This Development Matters
The issue is significant because the legal profession does not always fit the traditional workplace model contemplated by employment legislation. A senior and junior advocate, for instance, may have a professional working relationship without necessarily being connected through a conventional employment contract.
This creates practical questions about the appropriate authority and procedure when allegations of sexual harassment arise within the profession.
The Supreme Court’s observations could therefore contribute to greater clarity and consistency in dealing with such complaints. They also draw attention to the need for accessible complaint mechanisms that take into account the particular working environment of advocates.
Conclusion
The proceedings in Seema Joshi vs. Bar Council of India have brought renewed attention to sexual-harassment protections for women in the legal profession. The Supreme Court’s observations recognise that the professional structure of advocacy may require procedures specifically suited to the realities of legal practice.
The proposed consultation involving the Union Government, Bar Council of India and other stakeholders could help address existing uncertainties and promote greater consistency in handling complaints involving women advocates.
The matter remains under consideration, and further proceedings will determine the precise measures that may eventually be adopted across courts and tribunals.
Written By:
Nisha Das
