Full Breakdown
Supreme Court Seeks Tailored POSH Regulations for Women Lawyers
By Drooid · · How we work
Core Event: Hearing on POSH Act Applicability
On September 18, 2026, a two-judge bench of Justices B V Nagarathna and Augustine George Masih heard a public-interest litigation seeking to extend the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) to women advocates enrolled with State Bar Councils or Bar Associations. The petition, filed by lawyer Seema Joshi, argues that the Act’s preamble guarantees a safe working environment for women under Articles 14, 15, 21 and 19(1)(g) of the Constitution, and that excluding advocates violates these rights. The bench allowed the Ministry of Women and Child Development to be impleaded and directed the Bar Council of India (BCI) to file a counter-affidavit.
Legal Background and Prior Rulings
The Bombay High Court, in a July decision, held that the POSH Act does not apply to advocates because no employer-employee relationship exists between Bar Councils and lawyers. That ruling cited the absence of a statutory employer under the Act. The Supreme Court previously referenced Medha Kotwal Lele v. Union of India, which mandated the BCI to enforce Vishaka guidelines on workplace harassment across Bar bodies. Earlier in August 2025, the Court had agreed to examine a similar plea for applying the POSH Act to women lawyers and to consider constituting Internal Complaints Committees (ICCs) under the Act.
Court’s Observations and Directions
The bench examined the Gender Sensitisation and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition & Redressal) Regulations 2013, noting that these regulations cover only the Supreme Court precincts. The judges stated that the POSH Act cannot be applied in a “straitjacket manner” to the legal profession and that a separate regulatory framework is needed for High Courts, district courts, tribunals and other quasi-judicial bodies. They urged the Union and the BCI to jointly draft model regulations, asked the BCI to determine whether any State Bar Councils already have comparable rules, and scheduled a further hearing for November 25.
Next Steps
Parties have been instructed to hold a joint consultation and submit a proposed set of regulations for uniform implementation across all courts and tribunals. The outcome will determine whether women lawyers across India will receive POSH-aligned protection through a tailored statutory regime.