The Supreme Court on Friday observed that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) cannot be applied in a straitjacket manner to women advocates [Seema Joshi v. Bar Council of India]. .A Bench of Justices BV Nagarathna and AG Masih suggested a separate regulatory framework to protect female lawyers practicing in courts and tribunals across the country.The Court called for a joint consultation among various stakeholders to draft a comprehensive set of regulations for women in the legal profession, while examining the existing gender sensitisation rules..The Court made the observations while hearing a plea seeking statutory protections for women advocates.Examining the Gender Sensitisation and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013, the Bench pointed out that the current framework is strictly limited to the top court's precincts."In order to have a wider coverage of these regulations in so far as the High Courts and all courts under district judiciary as well as tribunals under Centre and State governments, other quasi-judicial authorities etc., it is necessary that a separate set of regulations are made as we find that POSH provisions cannot be applied in a straitjacket manner for the aggrieved women who belong to the legal profession," the Court said..To address this gap, the apex court requested counsel to hold a joint consultation and draft a uniform set of regulations applicable across judicial, quasi-judicial and tribunal forums.Advocate Radhika Gautam, appearing for the Bar Council of India (BCI), submitted that she would seek instructions and endeavour to bring about a common regulation for women advocates."We also request BCI counsel to ascertain from State Bar Councils as to whether any extant regulations are being implemented in this regard," the Court ordered..[Read Order]
