'Genuine Issue': Bombay HC To Bar Council Of India In PIL For Permanent Grievance Committee For Women Advocates In State

“You are required to look after you women members...lady advocates...This is a genuine issue, you are a representative body. Come up with a solution” the Court orally remarked. It also said “8 years have passed…come up with a solution”

The petition was filed in 2017 praying for framing a permanent grievance committee for women lawyers in the Bar Council of Maharashtra and Goa (BCMG).

During the hearing today, the BCI counsel sought adjournment for 2 weeks before the division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre.

The BCI counsel told the Court that he received a Circular from the BCMG, which formulated a POSH committee. The counsel said that the POSH committee adjudicating a complaint under POSH Act of 2013 might be a conflict with the Advocates Act, 1961.

“They have formulated POSH committee...this committee which would be working as per the Act of 2013, now if that committee would be adjudicating a complaint...under Advocates Act, disciplinary committee is to be constituted for taking action under Section 31..so there is invariably a want of breach which may have to be taken care...” the BCI counsel told the Court.

The BCI counsel asked for 2 weeks times to have a discussion with the members. However, opposing the prayer for adjournment, the petitioner argued that 8 years have passed since the institution of the petition.

The petitioner also pointed out that the committee constituted by BCMG is formed only for the staff and not women advocates. She also said that the BCGM and BCI were charging money for the complaints.

After hearing the counsels, CJ Aradhe orally remarked, “It's within our large joint family this issue...we are also on the same page, we are agreeing that this grievance committee mechanism should be in place.”

Noting the petitioner's grievance, he further said “Her grievance is that it is pending since 8 years. What have you been doing?...we have not seen the order sheet but she says that so many times last opportunity has been granted.”

The BCI counsel said that they are trying to find administrative solutions. Noting that 8 years has passed since the petition was instituted, the Court reiterated that it was a genuine issue requiring consideration and adjourned the matter.

“It is a genuine issue that requires consideration...we are giving you a date, please file a response...we want the hearing to be effective” CJ Aradhe orally remarked.

The Court will now hear the matter on 24 February.

Case title: UNS Women Legal Association vs. Bar Council Of India And Ors (PIL/16/2017)