29 October 2026
ADVERTISEMENT
ADVERTISEMENT

Why The Supreme Court Wants A New Complaint System For Women Advocates

The Supreme Court has urged the Centre and Bar Council of India to create a nationwide framework for handling sexual harassment complaints by women lawyers, recognizing limitations of the POSH Act in the legal profession.
Arbitration Award Enforcement
Indian Masterminds Stories

New Delhi: The Supreme Court of India urged the Central Government and the Bar Council of India (BCI) to frame a uniform mechanism for handling such complaints across courts and tribunals. 

The Court observed that the existing POSH Act framework cannot be directly applied to women advocates because of the unique nature of the legal profession. The move could lead to a nationwide system to protect women lawyers and ensure safer workplaces in the justice system.

Supreme Court Seeks Women Lawyers Sexual Harassment Complaints Regulation

The Supreme Court has asked the Union Government and the Bar Council of India to jointly develop regulations for addressing sexual harassment complaints made by women lawyers practicing in courts across the country. The case was heard by a bench comprising Justice B.V. Nagarathna and Justice Augustine George Masih.

Read also: Draft Advocates (Amendment) Bill 2026: Top 5 Changes Proposed by the Bar Council of India

The Court emphasized that women advocates often work in professional environments that do not fit into the traditional employer-employee structure covered under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act.

Why The Supreme Court Raised The Women Lawyers Sexual Harassment Complaints Regulation Issue

The Court noted that the legal profession operates differently from most workplaces. Advocates practice independently and may work with senior lawyers, law firms, bar associations, tribunals, and courts without a formal employment relationship. Because of this, the existing POSH Act may not always provide an effective remedy for women lawyers facing harassment. The judges observed that a dedicated framework is needed to address these concerns.

Supreme Court’s Observation

The Court pointed out that its own Gender Sensitization And Sexual Harassment Of Women At The Supreme Court Of India (Prevention, Prohibition And Redressal) Regulations, 2013 already provide a mechanism for addressing complaints within the Supreme Court premises.

The judges suggested that similar regulations could be created and implemented for High Courts, District Courts, Taluka Courts, tribunals, and quasi-judicial bodies across India.

Background Of The Case

The matter arises from a Public Interest Litigation (PIL) seeking recognition that protections against workplace sexual harassment should extend to women advocates practicing before courts.

The petition also requested directions to Bar Councils and Bar Associations to establish Internal Committees or similar bodies to hear complaints from women lawyers.

The PIL was filed after a Bombay High Court ruling held that the POSH Act applies to employees of Bar Councils and Bar Associations but not necessarily to women advocates because there is no employer-employee relationship.

Arguments Presented Before The Court

Senior Advocate Mahalakshmi Pavani, appearing for the petitioner, argued that existing legal provisions are insufficient to deal with sexual harassment complaints involving women advocates.

She highlighted that the Supreme Court had earlier directed Bar Councils and Bar Associations to create mechanisms for handling such complaints.

According to the petitioner, Section 35 of the Advocates Act, 1961, which deals with professional misconduct, cannot replace a dedicated harassment complaint mechanism.

Women Lawyers Sexual Harassment Complaints Regulation: Government’s Position

Additional Solicitor General Aishwarya Bhati submitted that the Advocates Act may be broad enough to address certain concerns. However, the Court indicated that a more comprehensive framework may still be necessary for effective protection and grievance redressal.

Bar Council Of India Asked To Examine Existing Mechanisms

The Supreme Court directed the Bar Council of India to gather information from State Bar Councils regarding existing regulations and complaint mechanisms already operating in different states.

The objective is to understand what protections currently exist and whether a common nationwide model can be developed.

Advocate Radhika Gautam, appearing for the BCI, informed the Court that instructions would be sought and efforts would be made to explore a common regulatory framework for women lawyers.

Women Lawyers Sexual Harassment Complaints Regulation: Proposal For A Nationwide Framework

Justice Nagarathna suggested that the Supreme Court regulations could serve as a model for other courts and judicial institutions. However, the Court clarified that the proposed framework cannot simply copy the POSH Act.

The regulations would need to consider the unique nature of legal practice, including advocates working before various courts, tribunals, and quasi-judicial authorities.

What Happens Next?

The Supreme Court has asked the concerned parties to consult and explore the creation of a uniform regulatory system.

The Court has also directed the BCI to collect information from State Bar Councils regarding existing complaint mechanisms.

The matter has been listed for further hearing on November 25.

Read also: Major Relief For LL.B Graduates: Supreme Court Allows Provisional Advocate Enrolment Amid Rule 5 Eligibility Dispute

FAQs

What Is The Main Objective Of The Proposed Regulations?

The proposed regulations aim to create a uniform mechanism for handling sexual harassment complaints made by women lawyers across courts, tribunals, and judicial bodies.

Why Did The Supreme Court Ask For New Rules For Women Lawyers?

The Court observed that the POSH Act cannot always be directly applied to women advocates because there is often no employer-employee relationship in legal practice.

What Role Will The Bar Council Of India Play?

The BCI has been asked to collect information from State Bar Councils and help develop a common framework for addressing sexual harassment complaints by women advocates.


Indian Masterminds Stories
Join our WhatsApp Channel
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
PMGSY Bihar rural road connectivity
Bihar IAS Reshuffle: CK Anil Appointed Education ACS, Arvind Kumar Chaudhary Gets Additional Charge 
coal-India-limited
Coal India Q2 FY27 Results: Net Profit Jumps 53% to ₹6,516 Crore; Declares ₹10.25 Interim Dividend
IAS Sanjay Kumar Singh
Who Is IAS Sanjay Kumar Singh? Odisha-Cadre Officer Likely to Become Bihar CM Samrat Choudhary’s Principal Secretary 
SECI New Corporate Office
Pralhad Joshi Opens New SECI Corporate Office, Highlights Role in India’s Clean Energy Transition 
India Energy Stack
India Energy Stack Taskforce Reviews Final Report; REC Limited to Lead Digital Infrastructure Rollout in Power Sector 
Ramesh S
Who Is Ramesh S. Thete? Retired IAS Officer Arrested in Nagpur Over Fraud, Cheque-Bounce Case
Tamilnadu-police-resized
Tamil Nadu Govt Transfers 5 IPS Officers, Sanjay Mathur Appointed DGP of State Crime Records Bureau
Odisha govt_resized
Odisha Transfers 8 IAS Officers; Poma Tudu Named Agriculture Director, Shubham Saxena Gets BDA Charge 
ADVERTISEMENT
ADVERTISEMENT
Videos
Five years after Kargil, India sent its cricketing heroes to Pakistan where terrorism posed a deadly threat. The man guarding them, former Special Director of Intelligence Bureau, Mr. Yashovardhan Azad, reveals what all went behind the scenes during that crucial tour. 
Trust No One, Said His Instinct in Pakistan
Gajendra Singh Shekhawat
How India Plans to Boost Tourism, Create Jobs and Ease Overcrowding : Gajendra Singh Shekhawat on the Road to 2047
Dr Saket Badola IFS
Beyond Tigers and Safaris: How Corbett Literature Festival Wants to Change the Conservation Conversation
ADVERTISEMENT
UPSC Stories
Vishwas Jhargad UPSC CAPF
A Photograph of His Mother Accompanied Vishwas Jhargad to the UPSC Interview, Where His Dream Came Closer
Vishwas Vijay Jhargad lost both parents as a child. With his family's support, he secured AIR 145 in...
IA&AS Lokesh Datal
‘Dreams Don’t Change Lives, Daily Habits Do’: IA&AS Officer Lokesh Datal on UPSC and Discipline
IA&AS officer Lokesh Datal shares his UPSC journey, clearing the exam in his fourth attempt, building...
Mavis tak
From Dropping Out of School to Becoming an IPS Officer : How a Father’s Unwavering Support Helped Mavis Tak Achieve Success
For Mavis Tak, becoming an IPS officer once seemed like a distant dream. Despite financial struggles...
CSR NEWS
MCL
MCL Signs MoU to Provide ₹3.20 Crore for Multipurpose Community Hall in Anugola Under CSR
The project at the Reserve Police Office in Chheliapada aims to strengthen local civic infrastructure...
nalco
NALCO Foundation Signs MoU to Sponsor 21 Odisha Youths for Three-Year Nursing Diploma 
The three-year nursing course will support youths from villages near NALCO’s Anugul and Koraput complexes,...
NALCO Nursing Education Initiative
NALCO Foundation Signs MoU to Sponsor 40 Odisha Youths for Three-Year Nursing Diploma Course
The initiative will support GNM nursing education for youths from villages near NALCO’s Angul and Koraput...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
PMGSY Bihar rural road connectivity
Bihar IAS Reshuffle: CK Anil Appointed Education ACS, Arvind Kumar Chaudhary Gets Additional Charge 
coal-India-limited
Coal India Q2 FY27 Results: Net Profit Jumps 53% to ₹6,516 Crore; Declares ₹10.25 Interim Dividend
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Five years after Kargil, India sent its cricketing heroes to Pakistan where terrorism posed a deadly threat. The man guarding them, former Special Director of Intelligence Bureau, Mr. Yashovardhan Azad, reveals what all went behind the scenes during that crucial tour. 
Gajendra Singh Shekhawat
Dr Saket Badola IFS
ADVERTISEMENT
ADVERTISEMENT