Supreme Court Seeks Separate POSH Regulations for Women in the Legal Profession Across Courts and Tribunals

Case Name: Seema Joshi v. Bar Council of India & Anr.

Factual Background

The matter was before the Supreme Court in a writ petition and connected Special Leave Petition concerning safeguards against sexual harassment of women in the legal profession. During the proceedings, the Court examined the existing Gender Sensitisation and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013.

The Court noted that the 2013 Regulations were specifically framed for the Supreme Court of India and its precincts and therefore operated within a limited institutional framework. The proceedings raised the broader question of providing an appropriate regulatory mechanism for women lawyers and other women in the legal profession who may face sexual harassment while appearing or working before High Courts, District Courts, Tribunals and other judicial or quasi-judicial authorities.

During the hearing, the Ministry of Women and Child Development was impleaded as respondent No. 5. The Additional Solicitor General informed the Court that the Ministry’s counter-affidavit was being filed, and the Court directed that it be taken on record.

Court’s Analysis

The Supreme Court observed that the existing 2013 Regulations could not simply be extended or applied “in a straitjacket manner” to women in the legal profession practising before other courts, tribunals and fora. The Court therefore considered it necessary to formulate a separate set of Regulations capable of providing wider coverage across the judicial and quasi-judicial system.

The Court’s approach was consequently directed towards developing a framework specifically suited to the realities of women lawyers appearing before different judicial and quasi-judicial bodies. Rather than treating the Supreme Court’s existing institutional mechanism as universally applicable, the Court contemplated a broader regulatory framework covering High

Courts, District Judiciary, Central and State Government Tribunals, and other quasi-judicial authorities.

The Court also recorded the Bar Council of India’s submission that it would seek instructions and endeavour to formulate common Regulations applicable to aggrieved women in the legal profession. In addition, the Bar Council of India was requested to ascertain from the State Bar Councils whether any existing Regulations were already being implemented in this area.

Order of the Court

The Supreme Court allowed the application seeking impleadment of the Ministry of Women and Child Development as respondent No. 5 and directed the petitioner to file an amended memo of parties.

The Court requested counsel for the respective parties to undertake joint consultation for drafting a separate set of Regulations applicable to High Courts, District Courts, Tribunals and other judicial and quasi-judicial authorities. The Bar Council of India was additionally directed to ascertain the position regarding existing regulations implemented by State Bar Councils.

The matter was directed to be listed again on 25 November 2026.

Key Takeaway

The order marks a move towards a uniform and specialised POSH-related framework for women in the legal profession beyond the Supreme Court. The Court recognised that the Supreme Court’s 2013 Regulations are confined to its own precincts and indicated that a separate regulatory framework is required for women practising before High Courts, District Courts, Tribunals and other judicial or quasi-judicial bodies.

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