Kerala High Court Says Bar Associations Cannot Hold POSH Act Inquiries

The Kerala High Court held that Bar Associations do not qualify as “employers” under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and therefore lack authority to constitute an Internal Complaints Committee (ICC) for examining sexual harassment complaints against advocates.

The matter arose from a challenge to an inquiry report prepared by an ICC formed by the Kollam Bar Association.

The Court stated that Bar Associations function as professional bodies and do not maintain an employer-employee relationship with their members.

It ruled that the ICC was invalidly constituted and set aside its report, while keeping the factual issues relating to the allegations open.

[E Shanavas Khan v. The Kollam Bar Association & Ors.]