Latest news with #InternalComplaintsCommittees
Indian Express
07-07-2025
- Politics
- Indian Express
Advocates not employees of Bar Councils; complaints committee under PoSH Act not applicable: Bombay HC
The Bombay High Court on Monday observed that neither the Bar Council of India (BCI) nor Bar Council of Maharashtra and Goa (BCMG) are employers of advocates. The court said that Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) applies when employer-employee relationship exists. Therefore, provisions related to formation of Internal Complaints Committees (ICCs) are not applicable to advocates. 'However, the same would apply in so far as it pertains to employees of the BCI as well as BCMG,' the HC noted. It added that the women advocates can raise their grievances, including complaints of sexual harassment under Section 35 of the Advocates Act, 1961 which prescribes punishment for professional as well as other misconduct by lawyers. A bench of Chief Justice Alok Aradhe and Justice Sandeep V Marne disposed of PIL filed in 2017 by the UNS Women Legal Association, which sought formation of permanent grievance redressal mechanism to redress sexual harassment complaints against advocates. Senior advocate Milind Sathe representing BCMG stated that local committees have been formed under Section 6 of the PoSH Act across all districts led by District Magistrates or Collectors. Sathe also submitted that Section 35 of the 1961 law provides any person including woman advocate to lodge complaint before the state bar council for misconduct, including acts of sexual harassment. Advocate Shekhar Jagtap for BCI also submitted that it has formed panels under the law. 'It is evident that the provisions of the Act apply to a case of an employer which presupposes that there has to be an employer and employee relationship. Neither BCI nor BCMG is an employer of advocates. Therefore, the provisions of the 2013 Act do not apply in so far as it pertains to advocates,' the HC noted. 'However, the same would apply insofar as it pertains to employees of the BCI and BCMG. In view of aforesaid, no further orders are required to be passed in the PIL and the same is disposed of,' the court held.
The Hindu
15-05-2025
- Politics
- The Hindu
City police arrest lawyer accused of assaulting junior woman colleague
The City police arrested advocate Beyline Das, who has been accused of assaulting his junior woman colleague J.B. Shyamili, at his office in Vanchiyoor last week. Officials said a plainclothes squad took Mr. Das's custody from a location near Station Kadavu in the Puthenvelikara police station, near Thumpa, late Thursday. They said the police would record his detailed statement and produce him before the Judicial First Class Magistrate court on Friday. Mr. Das's arrest came hours after he moved to the Principal District Sessions Court, Thiruvananthapuram, seeking anticipatory bail. The court posted the bail plea for hearing on Friday. Mr. Das faced charges of assault and use of criminal force against a woman, voluntarily causing hurt and outraging the woman's modesty under various provisions of the Bharatiya Nyaya Samhita, 2023. Ms. Shyamili displayed the severe facial injuries she sustained in the alleged assault in front of television cameras on Tuesday, causing a huge public outcry. A Thiruvananthapuram Bar Association office-bearer came under severe criticism from the legal fraternity and civil society for allegedly preventing the police from arresting Mr. Das from the latter's office in Vanchiyoor on the same day of the incident. Ms. Shyamili alleged that the lawyer had maltreated her earlier for frivolous official reasons, even when she was pregnant. Public support surged for the young lawyer, with Law Minister P. Rajeeve and Communist Party of India (Marxist) [CPI(M)] Thiruvananthapuram district secretary V. Joy, MLA, calling on her to express the government's support and solidarity. ICC in courts Mr. Rajeeve called for the constitution of Internal Complaints Committees (ICC) in district courts. He said the person who prevented the police from arresting Mr. Das would face prosecution. He sought the legal community's support for Ms. Shyamili. On Wednesday, the Bar Council of Kerala barred Mr. Das from appearing before any court, tribunal or judicial forum, pending investigation and disciplinary proceedings. A general body meeting of the Thiruvananthapuram Bar Association on Thursday declared support for Ms. Shyamili. Earlier on Wednesday, the association had suspended Mr. Das's membership. Political affiliations Meanwhile, a political row erupted between the Congress and the CPI(M) over Mr. Das's party affiliations. Leader of the Opposition V.D. Satheesan said that Mr. Das had contested the 2015 local body elections on a CPI(M) ticket. The CPI(M) clarified that Mr. Das left the CPI(M) to join the Aam Aadmi Party (AAP) and later the Congress.
