PoSH Act Does Not Apply to Advocates; Advocates Not Employee of Bar Council: Bombay High Court

The Bombay High Court dismissed a PIL seeking the mandatory establishment of Internal Complaints Committees (ICC) under the Sexual Harassment Act, 2013, within the Bar Council of India and the Bar Council of Maharashtra & Goa. 

A Division Bench ruled that the PoSH Act applies solely in cases involving an employer-employee relationship, which does not include advocates and their Bar Councils, making it inapplicable when it comes to law practitioners.

The Court clarified that aggrieved lawyers may seek relief under the Advocates Act, 1961, and noted that PoSH provisions still apply to the employees of Bar Councils or Bar Associations if they meet the threshold of ten or more employees. (UNS Women Legal Association (Regd). v. BCI & Ors.)