[POSH Act] P&H HC Seeks Response From Govt, Bar Council On Plea Seeking Formation Of Gender Sensitisation & Internal Complaints Committee For Lady Advocates

The Punjab & Haryana High Court has issued notice on a plea filed seeking the formation of a Gender Sensitisation and Internal Complaint Committee to redress the issue of sexual harassment of lady advocates at the Bar.

A bench of Acting Justice G.S. Sandhawalia and Justice Lapita Banerji sought a response from the State, Union Government, Bar Council of Punjab & Haryana and Punjab & Haryana High Court Bar Association.

During arguments, the Court noted that since the petitioners were lady members of the Bar Association, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), which mainly protects women employees, would have to be kept in mind, as the lady Lawyers would strictly not come within the purview of the definition as such of an employee of the Bar Association.

Consequently, the Court opined that it is expedient to implead the Union of India through the Secretary, Department of Social Security, Women and Child Development; and the Union of India through the Secretary, Ministry of Law and Justice, as respondents.

It orally observed that since advocates are not the employees of the Bar Associations, the Union Government may have to make amendment in the POSH to enable the formation of Gender Sensitization and Internal Complaints Committee under the Act.

The plea was filed by four women advocates of the Punjab & Haryana High Court, stating that since the enrollment of lady advocates is increasing with time, it has become necessary to take proactive measures by forming a Gender Sensitization and Internal Complaints Committee to create adequate infrastructure for the lady members of the Bar Associations in order to prevent any untoward incidents from happening.

The petitioners seek directions to respondents to ensure implementation of POSH and Gender Sensitisation and Sexual Harassment of Women at Punjab & Haryana High Court (Prevention Prohibition and redressal) Regulations, 2013 as per the guidelines issued by the Supreme Court of India in Vishaka vs. State of Rajasthan (1997) at every Bar Associations within the jurisdiction of the High Court.

The matter is now listed for May 21, for further consideration.

Title: Kanu Sharma and others v. State of Punjab and others

Jagtar Singh Sidhu, Advocate, for the petitioners.

Saurav Khurana, Addl. Advocate General, Punjab.

Deepak Balyan, Addl. Advocate General, Haryana.

 Shubreet Kaur Saron, Advocate, for P&H High Court.

Dheeraj Jain, Sr. Standing Counsel for Union Government.

Click here to read/download the order