The Bombay High Court’s Judgment on Sexual Harassment in the Legal Profession: Liability of Bar Councils and Accountability of Advocates

Introduction

The recent judgment by the Bombay High Court has brought to light the issue of sexual harassment in the legal profession. The case involved a complaint of sexual harassment against two advocates and raises questions about the liability of Bar Councils in such cases. This article will discuss the key points of the judgment and its implications for the legal fraternity.

Background

In this case, the complainant, a female advocate, alleged that she was subjected to sexual harassment by two senior advocates in their chambers. She also alleged that she faced retaliation and discrimination after she filed a complaint with the Bar Council of Maharashtra and Goa. The Bar Council dismissed her complaint and refused to take any action against the accused advocates. Aggrieved by the inaction of the Bar Council, the complainant filed a petition in the Bombay High Court seeking action against the accused advocates and the Bar Council for their failure to address her complaint.

The Judgment

The Bombay High Court, in its judgment, held that the Bar Council of Maharashtra and Goa has a statutory duty to address complaints of sexual harassment in the legal profession. The Court observed that the Bar Council has been constituted under the Advocates Act to regulate the conduct of advocates, and it cannot shirk its responsibility in cases of sexual harassment. The Court further noted that the Bar Council cannot claim immunity from action by citing lack of specific provisions in the Advocates Act to address complaints of sexual harassment.

The High Court also highlighted the need for gender sensitization in the legal profession and stated that Bar Councils have a crucial role to play in ensuring a safe and respectful workplace for female advocates. The Court held that under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Bar Councils are considered to be “employers” and are therefore obligated to comply with the provisions of the Act. The Court emphasized that Bar Councils must take appropriate measures to comply with the Act and provide a safe and conducive working environment for female advocates.

Liability of Bar Councils

The Court further noted that Bar Councils cannot claim ignorance about their duty to address complaints of sexual harassment. It observed that the Bar Council of India has issued detailed guidelines on the prevention and redressal of sexual harassment in the legal profession. The Court stated that the Bar Councils must take action to implement these guidelines as per the directions of the Supreme Court in Vishaka v. State of Rajasthan (1997). The Court also highlighted that failure to do so would result in a violation of the Fundamental Rights of female advocates.

The High Court also clarified that the liability of Bar Councils in cases of sexual harassment is not limited to complaints filed directly with the Bar Council. It held that if the Bar Council receives a complaint of sexual harassment from any source, it is obligated to take appropriate action. The Court stated that the Bar Council cannot refuse to take action on the ground that the complaint is not in a prescribed format or that the complainant has not followed the prescribed procedure.

Accountability of Advocates

The Court also addressed the issue of the accountability of advocates in cases of sexual harassment. It observed that advocates are bound by the Code of Conduct under the Advocates Act, and they must adhere to the prescribed standards of conduct. The Court stated that advocates cannot engage in any conduct that is unbecoming of the legal profession and are expected to uphold the dignity of the profession. Therefore, advocates must ensure that they do not indulge in any act of sexual harassment and must maintain a safe and respectful workplace for their colleagues.

Conclusion

The Bombay High Court’s judgment has brought the spotlight on the issue of sexual harassment in the legal profession and has highlighted the need for Bar Councils to take proactive measures to prevent and address such cases. The Court’s clarification on the liability of Bar Councils and advocates in cases of sexual harassment is a significant step towards creating a safer and more inclusive work environment for female advocates. It is imperative for Bar Councils to comply with the directions of the Court and take action to ensure the effective implementation of guidelines on the prevention and redressal of sexual harassment in the legal profession. This judgment serves as a reminder for all stakeholders in the legal fraternity to work towards creating a more gender-sensitive and inclusive workplace.