Supreme Court to Hear Plea Seeking POSH Act Protection for Women Lawyers

New Delhi: The Supreme Court has agreed to hear a petition filed by the Supreme Court Women Lawyers Association seeking that the Prevention of Sexual Harassment (POSH) Act be made applicable to sexual harassment complaints involving women lawyers.

The association argued that the Bombay High Court’s ruling—stating that the POSH Act does not apply to lawyers—goes against the Supreme Court’s earlier principle that every professional institution must have an internal complaints committee (ICC).

The Supreme Court has issued notice on the appeal challenging the Bombay High Court’s verdict. The notice was sent by a bench comprising Justices B.V. Nagarathna and R. Mahadevan. The Bombay High Court had previously held that the POSH Act does not apply to complaints raised by women lawyers who are members of the Bar Council of India or the Bar Councils of Maharashtra and Goa.

Only CPI(M) Has Formed ICCs, Petition Claims

In July, another petition was filed in the Supreme Court seeking to make the POSH Act applicable to political parties as well. The writ petition—filed by Malayali lawyer M.G. Yogama—named the BJP, Congress, CPI(M), AAP, TMC, and several other parties, along with the Central Government and the Election Commission, as respondents.

The plea demanded that political parties must also constitute Internal Complaints Committees. It stated that only the CPI(M) has formed ICCs that include external members. The petition noted that the BJP has not constituted any ICC and still directs complainants to a disciplinary committee. While the Professional Congress has set up ICCs, they have not been extended to the All India Congress Committee, the petition added.