Overview
- The bench of Justices B. V. Nagarathna and R. Mahadevan issued notice on the Supreme Court Women Lawyers Association’s appeal and tagged it with Seema Joshi v. Bar Council of India.
- The court sought responses from the Union government and the Bar Council of India on the question of POSH coverage for advocates’ complaints before bar councils.
- The Bombay High Court’s July 7 judgment held that the POSH Act applies only where an employer–employee relationship exists, excluding advocates while covering bar council employees and committee members.
- The petition argues Section 35 of the Advocates Act is not an adequate substitute for the POSH framework, citing the lack of POSH-specific protections such as confidentiality under Section 16.
- The plea seeks a declaration that women advocates are protected under POSH and calls for bar councils and bar associations to constitute Internal Committees, noting gaps for interns, clerks, paralegals and other legal workers.