POSH Act can't be applied in straitjacket manner to women lawyers: Supreme Court

The Supreme Court on Friday said the provisions of the POSH Act cannot be applied in a "straitjacket manner" to women in the legal profession. The court asked all parties, including the Centre, to hold a joint consultation and prepare a set of regulations that can apply across courts, tribunals and quasi-judicial authorities.

A bench of Justices B V Nagarathna and Augustine George Masih was hearing two petitions, including one seeking implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, for women advocates enrolled with State Bar Councils or Bar Associations. The matter has been posted for further hearing on November 25.

During the hearing, the bench examined the Gender Sensitisation and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition & Redressal) Regulations, 2013, and noted that these apply only within the Supreme Court precincts.

The bench said, "In order to have a wider coverage of these regulations in so far as the high courts and all courts under the district judiciary as well as tribunals of the central and state governments, other quasi-judicial authorities etc., it is necessary that a separate set of regulations are made as we find that the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, cannot be applied in a straitjacket manner to the aggrieved women who belong to the legal profession."

The court recorded the submission of counsel for the Bar Council of India that she would seek instructions in the matter and try to bring about a common regulation for aggrieved women in the legal profession. The bench also said, "We also request the counsel for the Bar Council of India to ascertain from the Bar Councils of the states as to whether any extant regulations are being implemented in this regard." It asked the lawyers appearing for the parties to hold a joint meeting and come up with model regulations.

In August last year, the top court had agreed to examine a plea seeking directions to implement and apply the 2013 Act to women advocates enrolled with State Bar Councils and Bar Associations. The plea also sought directions to constitute or continue internal committees under the Act to hear complaints by women advocates. It said that in the absence of a clear precedent on whether the 2013 Act applies to State Bar Councils or Bar Associations, women lawyers face uneven protection across states, contrary to the mandate of the law.