Kerala High Court: Bar Associations Cannot Conduct POSH Inquiries Against Lawyers

The Kerala High Court has held that Bar Associations do not have the authority to conduct inquiries under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The Court clarified that Bar Associations are not “employers” under the law and therefore cannot form an Internal Complaints Committee (ICC).

Justice P.M. Manoj passed the ruling while setting aside a sexual harassment inquiry report prepared by an ICC constituted by the Kollam Bar Association. The inquiry had been conducted based on a complaint filed by one advocate against another.

The case was filed by a 76-year-old advocate who had been accused of sexual harassment. He challenged both the ICC report and his suspension from the Bar Association, which was imposed based on the findings of that committee.

The High Court noted that the POSH Act clearly requires only an “employer” to constitute an ICC. Bar Associations, the Court explained, function as professional bodies and do not have an employer–employee relationship with their member advocates. As a result, they fall outside the scope of the Act.

The Court further observed that although Bar Associations are recognised under the Kerala Advocates Welfare Fund Act, their role is limited to maintaining rolls of advocates who are already enrolled with the Bar Council. This recognition does not give them the power to act as employers under the POSH framework.

Holding that the ICC was unlawfully constituted, the Court ruled that the inquiry report had no legal basis and set it aside. Consequently, the suspension imposed on the advocate based on that report was also quashed.

However, the Court made it clear that it was not commenting on the truth or merits of the sexual harassment allegations themselves. Those issues were left open to be examined by the appropriate legal forum.

The case arose from a complaint filed by a woman advocate who alleged that she was sexually harassed at the accused advocate’s residence during a visit for notarisation of a document in June 2024. An FIR had already been registered by the police under relevant provisions of the Indian Penal Code in connection with the complaint.

While the ICC report was struck down, the High Court clarified that its decision would not affect any ongoing criminal proceedings or other remedies available in law.