HC: Bar councils don't employ advocates, so no POSH panel
Tired of too many ads? go ad free now
Hearing a petition seeking direction to bar councils to constitute committees to address sexual harassment complaints against advocates, a bench of Chief Justice Alok Aradhe and Justice Sandeep Marne said the POSH Act will apply to cases where there is a relationship of employer and employee, and the bar councils cannot be said to be "employer of advocates". However, the Act will be applicable to employees of the bar councils.
Chief Justice Alok Aradhe and Justice Sandeep Marne were hearing a petition by UNS Women Association seeking direction to the Bar Council of India (BCI) and Bar Council of Maharashtra and Goa (BCMG) to constitute a permanent grievance redressal committee of women advocates in all state bar council offices and bar associations to address sexual harassment complaints against advocates as per the Supreme Court's Oct 2012 directions in Medha Kotwal Lele's case.
The petition also sought implementation of the POSH Act and a committee of lawyers, NGOs, and retired women judges to review and look into lacunas in the Act.
Senior advocate Milind Sathe, for BCMG, and advocate Shekhar Jagtap, for BCI, submitted that there is no employer-employee relationship between advocates and bar councils. Hence, the establishment of an internal complaints committee (ICC) is not applicable as per POSH Act.
Tired of too many ads? go ad free now
They said there is a provision for local committees headed by the district collector to receive complaints of sexual harassment for a workplace having fewer than 10 employees.
However, neither ICC nor the local committees can be invoked by women advocates. Sathe said under Section 35 of the Advocates Act, 1961, there is remedy for professional and other misconduct.
The judges referred to sections of the POSH Act relating to the constitution of ICC and local committees and also considered the definition of employer.
In the order, they said it is evident that these provisions will apply to a case where there is a relationship of employer and employee. Therefore, neither BCI nor BCMG "can be said to be employer of advocates" and "therefore the 2013 Act will not apply to advocates," they added.
However, the POSH Act will be applicable to employees of BCI and BCMG.
Sathe and Jagtap said BCMG and BCI have constituted ICCs to address grievances of their employees. Additional govt pleader Jyoti Chavan said local committees have also been established. The judges noted that as far as the grievance of women advocates is concerned, there is a forum available under Section 35 of the Advocates Act. Disposing of the PIL, they said no further order is required to be passed.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Indian Express
30 minutes ago
- Indian Express
Authorities made earnest efforts to curb illegal loudspeakers at religious places: HC disposes contempt plea against govt
The Bombay High Court on Tuesday noted that Maharashtra police authorities have made earnest efforts to comply with HC directives in 2016 against 'illegal' installation of loudspeakers at religious places and there was no need to initiate contempt action. A bench of Chief Justice Alok Aradhe and Justice Sandeep V Marne was hearing a contempt plea by one Santosh Pachlag alleging non-compliance of 2016 directives to enforce the Noise Pollution Rules, 2000. The HC disposed of contempt plea after perusing that there was no wilful disobedience of the same as the police authorities had initiated action against errants. The HC perused the March 2025 affidavit filed by Director General of Police Rashmi Shukla, which stated that of the 2,940 illegal loudspeakers mentioned by the petitioner, the authorities have removed 343 loudspeakers, 831 were granted permission after due examination while notices under Section 149 of Criminal Procedure Code (CrPC) were issued to 767 institutions using speakers. Further, five cases were referred to Maharashtra Pollution Control Board (MPCB) for taking action against such loudspeakers and FIRs were registered with respect to 19 loudspeakers. Moreover, an Inspector General of Police has been appointed to monitor 49 units across state to ensure compliance of noise pollution norms. 'Thus from the stand taken by the respondents, it is evident that the respondent authorities have substantially complied with the directions contained in the order. In any case, no case for willful disobedience of the orders passed by this court is made out as they have made an earnest effort to comply with the directions,' the bench noted in the order. 'In the facts and circumstances of the case, we are not inclined to push it further with the contempt petition. However, in case the grievance of the petitioner still survives, he is granted the liberty to approach the nodal officer appointed by the state government. With this, contempt petition is disposed of,' the HC held.
India Gazette
32 minutes ago
- India Gazette
Explorations in India is now
ANI 08 Jul 2025, 18:33 GMT+10 New Delhi [India], July 8 (ANI): Union Minister Hardeep Puri on Tuesday highlighted Central Government's series of sweeping policy reforms under the leadership of Prime Minister Narendra Modi to accelerate oil & gas exploration. These reforms, aimed at promoting exploration & production in the field of oil and gas. The government believes that these changes to increase the ease of doing business for our exploration and production (E&P) operators are being made after stakeholder consultation at every minister, noted via a social media post on X that the recent amendments to the Oilfields (Regulation and Development) Act, 1948, which took place in March 2025, are a cornerstone of the new regulatory overhaul. The changes have also introduced new Petroleum & Natural Gas (PNG) rules within a short span of three months.'As a part of our focus to accelerate oil & gas exploration under the leadership of PM @narendramodi Ji, a series of pathbreaking policy reforms are being implemented to promote exploration & production. These changes to increase the ease of doing business for our E&P operators are being made after stakeholder consultation at every level.' posted Oilfields (Regulation and Development) Act, 1948 was amended in March 2025 and new PNG rules have come within 3 months in the run up to OALP Round X which is the largest such exploration & production bidding round globally,' posted by Union Minister Hardeep Puri on social media 'X'.The Ministry of Petroleum and Natural Gas (@PetroleumMin) has also invited feedback and suggestions on the Draft Petroleum & Natural Gas Rules, Model Revenue Sharing Contract (MRSC), and Petroleum Lease are given time to submit their inputs by July 17, 2025, via email to [email protected] Puri emphasized the timing and importance of these reforms, calling it a 'great time' for industry leaders and entrepreneurs to consider opportunities in India's oil and gas sector. He added that exploration in India is now 'easier, faster, and more profitable than ever before.' (ANI)
Time of India
an hour ago
- Time of India
'Violations of fundamental rights': ICC cracks down on Taliban; Supreme Leader, Chief Justice named
The International Criminal Court On Tuesday issued arrest warrants for two senior Taliban leaders, accusing them of crimes against humanity for systematically persecuting women, girls, and others who defied the group's strict gender policies. The warrants named Haibatullah Akhundzada, the Taliban's Supreme Leader, and Abdul Hakim Haqqani, the regime's Chief Justice. According to a statement from the ICC's Pre-Trial Chamber II, there are 'reasonable grounds to believe' that both men were responsible for ordering, inducing, or soliciting crimes of persecution on gender and political grounds. These crimes are alleged to have taken place across Afghanistan from 15 August 2021—when the Taliban seized power through at least 20 January 2025. 'While the Taliban have imposed certain rules and prohibitions on the population as a whole, they have specifically targeted girls and women by reason of their gender, depriving them of fundamental rights and freedoms,' the Chamber said. The ICC detailed a broad and ongoing pattern of repression, stating that the Taliban had 'severely deprived, through decrees and edicts, girls and women of the rights to education, privacy and family life and the freedoms of movement, expression, thought, conscience and religion.' by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Invertir en Cervecería Nacional CFD podría proporcionarte un ingreso adicional Empieza a invertir hoy Registro Undo The court also highlighted abuses against those perceived to be 'allies of girls and women,' as well as individuals whose gender identity or sexual expression diverged from Taliban norms. The judges said that gender persecution under Article 7(1)(h) of the Rome Statute includes not only direct violence but also 'systemic and institutionalised forms of harm,' such as the enforcement of discriminatory societal norms. These, they concluded, have resulted in 'serious and systemic violations of fundamental rights' in Afghanistan. Although the arrest warrants remain under seal to protect victims and witnesses, the Court said it was in the interests of justice to publicly confirm their existence. The judges noted that public awareness 'may contribute to the prevention of the further commission of these crimes.'
