Advocate (Protection) Bill, 2021: Possible Impact
Advocates have never had a straightforward career. While getting a degree seems to be a challenging task, an advocate only knows the true hardships of this profession once they have enrolled. Litigators and their families often face harassment from their clients as well as opposition parties. They are badgered by their clients for not ‘winning’ their case, and they are also troubled by the opposition parties who want to stop them from moving forward with the case. On paper, this matter seems trivial, but as we delve into particular instances, it comes to light that advocates do face grave danger on a day-to-day basis. It is for this the Advocates (Protection) Bill, 2021 was proposed. This bill has not been brought into effect yet (As of 13th October 2021) and this paper aims to discuss the possible benefits it will have on society.
I. Introduction
Law The Advocate Protection Bill has been brought forth with the object of safeguarding the advocate fraternity from the unreasonable rise in violence that has been directed towards them in the recent past. The draft of the bill has been published and all stakeholders can send their recommendations to the Bar Council of India by the 9th of July.
II. Need for the bill
There has been a spike of instances of violence, threats, and intimidation targeted towards advocates merely for performing their duty. In Telangana, contract killers brutally killed Advocate Vaman Rao and his wife while they were on their way back to Hyderabad. Rao had filed cases against two local leaders in his village from the ruling party to stop them from encroaching on public land.2 This is merely one instance among uncountable mentions of violence and unlawful arrests of lawyers.
The Bill came up also to implement the 8th United Nations Congress on Prevention of Crime and Treatment of Offenders (1990) to which India was a party. It was in this congress that the ‘Basic Principles on Role of Lawyers’ was also adopted. In this declaration, some clauses guarantee the functioning of lawyers. It sought to make sure that Governments protect lawyers and
they can perform their duties. 3
The bill also sought to implement the 8th United Nations Congress on Prevention of Crime and Treatment of Offenders (1990) to which India was a party. The ‘Basic Principles on the Role of Lawyers’ was adopted in this congress which contained provisions that aimed at directing Governments to protect lawyers and enable them to perform their duties and this has been enumerated as below,
“ 16. Governments shall ensure that lawyers(a) are able to perform all of their professional functions without intimidation, hindrance, harassment, or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.”
“17. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities,”4
Another reason for the implementation of this bill is the important role advocates play in our society. The Chairman of Bar Council of India, Sr. Advocate Manan Kumar Mishra, in a press release on 2nd July 2021 stated that lawyers act as the link between the Police and Judiciary, and while the police and the judiciary have access to protection, social security, and privileges, advocates who argue in a court of law still do not have the necessary safeguards.
The bill further aims to grant advocates the right to freedom of expression, belief, association, and assembly.
III. Provisions under the act
The Act aims at protecting lawyers from acts of violence. Acts of violence have been defined under Section 2(1)(c) to include all such acts committed against the advocate with an intent to derail the process of impartial litigation. The acts could include, threat, harassment, harm, coercion, loss or damage to property or use of derogatory language during proceedings. Acts of violence include violence towards the advocates as well as their family members.
Punishment for acts of violence has been detailed in Section 3 of the Act such act is punishable with imprisonment for a term not less than six months but which shall not extend beyond years and with a fine of not less than fifty thousand and up to one lakh rupees depending on the gravity of the offence. Compensation will also be provided to the aggrieved party and the amount payable shall be twice the amount of property damaged or loss caused.
Section 7 of the Act provides police protection to those advocates who are under the threat of violence for a duration the court deems fit and the details of such protection shall be laid down on a case to case basis by the concerned District Court, High Court, or Supreme Court, as the case may be.
A three-member committee is also directed to be set up by the Central or State Government for redressal of grievances of advocates or bar associations. This redressal committee is to be set up in all three levels, i.e. District Courts, High Courts, and the Supreme Court. The committee shall consist of the Head of Judiciary, that is, the District Judge at District level, the Chief Justice of the concerned High court, or a High Court judge nominated by him, and the Chief Justice of the Supreme Court, or a Supreme Court judge nominated by him.
The Bill has also laid down details regarding protection from illegal arrests and malicious prosecution of advocates. Section 11 states that no police officer can arrest an advocate or investigate a case against an advocate without the specific order of the Chief Judicial Magistrate or the concerned Magistrate. Only if the Chief Judicial Magistrate or the concerned Magistrate finds a prima facie case against the advocate, will he allow the police to proceed with the investigation or arrest.
A provision has also been laid down to protect advocates from the extraction of classified information by public servants through coercion. (S.12). Moreover, under Section 15, a monthly minimum sum of Rs. 15,000/- has been allocated towards needy and affected advocates to be granted till the end of the pandemic situation.
IV. Conclusion
Advocates are the backbone of our society. They ensure that the innocent get the protection they deserve and the guilty do not walk free. However, due to their important role in deciding a man’s fate, they are often subject to violence and threat. The bill protects advocates and their families from unlawful violence and arrests, but also ensures this privilege is not abused in any way. Once this bill is properly put into effect, we shall be able to truly see its benefits on the legal community as a whole.
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Footnotes
1. Author is a student at Sastra Deemed University, India.
2. Deccan herald, ://www.deccanherald.com/opinion/its-time-to-protect-our-lawyers-999116.html (last visited July 9th, 2020) ↩
3. Livelaw.in, https://www.livelaw.in/news-updates/a dvocates-protection-bill-bci-calls-for-suggestions-fro m-bar-councils-hc-bar-association-176737 (last visite d July 7th, 2020) ↩
4. United nations digital library, https://digitallib rary.un.org/record/142947?ln=en (last visited July 7th 2021) ↩
- Deccan herald , ://www.deccanherald.com/opinion/its-time-to-protect-our-lawyers-999116.html (last visited July 9 th , 2020)
- Livelaw.in , https://www.livelaw.in/news-updates/a dvocates-protection-bill-bci-calls-for-suggestions-fro m-bar-councils-hc-bar-association-176737 (last visite d July 7th, 2020)
- United nations digital library, https://digitallib rary.un.org/record/142947?ln=en (last visited July 7 th 2021)