Abstract:
Lawyers are one of the most significant part of ensuring justice and law and order within the country along with the powerful bar which is a foundation of good administration of justice. Advocate’s work go hand in hand with the pursuit of justice but they are facing a lot of challenges these days while pursuing their profession if we look back at the past few years, we had witnessed a subsequent rise in crime against advocates and there is almost no part of the county left where advocates have not suffered threats and criminal intimidation. This intelligibly indicates an urgent need to provide a system of protection for such noble professionals, since such protection does not only mean protection of a mere profession but also protection of the rights of the people of the country, the system of public order administration, and justice delivery mechanism. So, it is very important to bring Advocates Protection Act, the profession which is meant to safeguard people and provide them justice targeted in such a way. If action is not taken immediately against the offenders, the belief of the population as a whole will collapse.
Keywords:
- Advocates Protection Act
- Justice
- Profession
- Bar Council
- Administration
- Criminal intimidation
- Assault
- Lawyers
In Indian society, lawyers continue to have a significant role. They are in charge of upholding civil liberties and guaranteeing that everyone is ensured justice. Additionally, they are essential in guiding businesses through difficult legal and regulatory processes. In addition to their conventional responsibilities, lawyers are progressively adjusting to the socioeconomic landscape of the nation in order to create workable answers to challenging legal issues. Modern lawyers are quickly embracing technology to become more effective practitioners. A powerful and committed bar is a cornerstone of administration and an advocate is a crucial component of law[1]. The task of an advocate is intrinsically related to the pursuit of justice, but there is no doubt that they face a lot of difficulties.
When we look back to the cases in a few years we can analyze and see how tremendously the crime against the advocates is increasing and creating the profession of law dreadful and apprehensive. A subsequent high rise in the cases of crime against the advocates and some cases within the court premises compel the advocates to demand the Protection of advocates. Advocates are one of the important pillars for delivering justice and the court premises is one of the institutions supposed to be a safe place for all the citizens but due to the lapse of the security system and negligence on the part of lawyers who do not allow them to be frisked. This contributes to a conniving opportunity for criminals to get into the court premises with their barbarous schemes. Moreover, the non-staff members of the courts who park their vehicles within the establishment of the court without any checking is another loophole that gives rise to such negligent acts. The government is required to offer adequate protection when the safety of attorneys is concerned.
However, no part of the country is being untouched where advocates are not suffering from threats, criminal intimidation, and harassment on rendering their professional duties. It is an obstruction in the discharge of duties and a violation of Article 19(g) of the Indian Constitution as they are not able to profess their profession freely. However, the brutal killings of Attorney Gattu Vamana Rao and his wife PV Naaman shocked the legal profession to its core, and the Telangana Bar Council in due course requested the Central Government to pass legislation protecting solicitors. Advocates’ lives are at risk due to a recent police assault on an attorney in Etan, Uttar Pradesh, and the event at Rohini Court. Advocates’ value is ever so often questioned when they represent detainees or the accused, and this calls for the legislators’ prompt action in order to protect their interests.
The Protection Act would serve as a defense against the intimidation experienced by the legal representatives of the opposing parties when administering justice. The surge in fraud, assault, assassination threats, and terror presents a barrier to advocates’ honest performance of their duties. The Act would eliminate these barriers and support the precise administration of justice.
Apprehension among advocates has been caused by issues including criminal force and assault, which have delayed the administration of justice. According to Lord Atkin, “Justice delayed is justice denied” in this case. As a result, Advocates’ problems and dilemmas would be addressed by the Advocates Protection Act and it will even provide them with the tools they are required for the legitimate approach.
Currently, within two months, we can witness many cases in Delhi district courts. meanwhile, the brutal murder of Mr. Virender Kumar narwal who was a practicing advocate in the Dwarka district court alarmed the member of the supreme court bar association to make a uniform law for the security and well-being of the advocates as they are the quintessential part of our judicial system and without them, the institution of delivering justice cannot function smoothly. However, SCBA ensured to resolve it soon and felt the urgent necessity of the moment as well to enact such laws.
In addition, the Executive Committee of the Supreme Court Bar Association has decided that the Advocates Protection Bill, 2021, which has been patiently awaiting nearly two years for Legislature implementation, be passed as soon as possible. This will ensure the safety and security of legal professionals while they carry out their responsibilities as professionals without fear. It is in the foremost interest of the lawyers, who make up an indispensable and integral part of the judiciary that whatever their harshest detractors cannot deny, to get this done as soon as possible.[2]
It should be mentioned that the State Bar Council of Punjab and Haryana stated in its press release that the year 2023 alone has regrettably witnessed two murders committed in broad daylight, including those of Adv. Umesh Pal in Uttar Pradesh and Adv. Virender Narwal most recently in Delhi. The tendency is clear: To maintain the sustainability of justice delivery systems, lawyers require enhanced legal protections because of the attacks they face due to their profession. Additionally, it states that more than 2,500 lawyers were slain, imprisoned, or abducted globally between 2010 and 2020, according to the most recent UN Report, and that since 2010, the International Day of the Endangered Lawyer has been marked annually with ceremonies around the globe to create awareness about the threat faced by lawyers while executing their duties
Further, after the murder case of Jugraj Chauhan, the Jodhpur-based lawyer, all the advocates of Rajasthan began a strike and boycott from working in the courts till their rights were protected. As a result of the same Rajasthan became one of the first states to pass the Advocate’s protection act[3]. The law was introduced in response to reports of violence and misconduct against advocates in Rajasthan and other parts of India, including physical attacks, threats, and obstruction of legal proceedings. Such incidents harm individual advocates and their clients and undermine the integrity of the justice system and the rule of law. The Rajasthan Advocates’ Protection Act provides for the establishment of special committees to investigate complaints of violence or misconduct against advocates and to take appropriate action, including imposing penalties on those responsible. The law also provides for the creation of a fund to provide financial assistance to advocates who have been victims of violence or harassment.[4]
Overall, the law is intended to promote the safety and protection of advocates in Rajasthan and to ensure that they can carry out their professional duties effectively and without fear of intimidation. It is expected that it will boost lawyers’ confidence and inspire them to take courageous action on behalf of the people they represent and the court system as a whole.
As I see it, Rajasthan Advocates Protection Act provides security to the advocates but only when rendering their duties within the court premises no protection is provided when such acts take place outside the court premises or if the advocate is in court but not for his/ her case. This is moreover, the safety of an advocate while he/ she is in hearing for his/ her case but not after or before that.
After analyzing the current scenario according to my point of view certain measures should be taken to improve the security system of court premises and to maintain the essence of an institution that delivers justice to all its citizens. Various measures like ID Cards of lawyers are to be checked at the entry gates, Entry of only authorized vehicles should be allowed inside the court premises and there must be 360-degree vehicle scanning with RF Tag/ Barcode facilities, etc. There must be a visitor pass along with government ID proof to enter the court premises. Further, Advocates and staff are to be given non-cloneable cards for entry and exit within and outside court premises and Proper scanning for luggage and bags for explosives and narcotics, guns at the entry gate for all. The ratio of young police forces deployed on the premises should be in proportion to that of the visitors in the court. Meanwhile, there must be protection review groups outside the courts. However, The stickers of the bar that are misused as they are being sold to anyone must be updated within a time period and their sale should not be permitted to non-advocates and be only distributed in bar offices to the advocates only on giving proof of their bar ID’s For example, this could be clearly observed in the Tis Hizari district court that the businessman of the adjoining markets is using the parking of court premises by using the advocate’s sticker on their vehicles and misusing the same. Furthermore, there should be more vigilant use of Artificial intelligence rather than human resources to ensure security to avoid human errors and negligent acts because it is difficult to scrutinize all the cars and visitors along with advocates at the time of morning and humans can avoid such things in a hurry but if we use advance technology to secure the security system of courts that will help us to make security system more efficient.
In brief, the confidence of the general public would be utterly destroyed if the persons who are supposed to uphold the rule of law are targeted in such ways and the perpetrators are not swiftly apprehended. Due to their lack of social protection, advocates are also among the most vulnerable groups in society. There is no denying that, hence the Advocates Protection Act must be passed as soon as possible since the further delay is unacceptable! Every state in India must enforce it, and under no circumstances should any state be excluded! The outstanding function that advocates role in the legal system cannot be minimized, and it is the advocates themselves who are most crucial to the efficient, effective, and proper operation of the judicial system. In order to safeguard the advocates’ lives along with their vital interests, it is now more crucial than ever to put the Advocate Protection Act into effect as soon as possible. Without debating!
References:
- N.Mohindroo v. The Bar Council of Delhi and others, 1968 AIR 888.
- https://www.legalservicesindia.com/law/article/3034/22/Advocates-Protection-Act-Must-Be-Enacted-At-The-Earliest
- https://indianexpress.com/article/explained/explained-law/rajasthan-advocates-protection-bill-explained-8504397/
- https://www.barandbench.com/news/litigation/rajasthan-passes-advocates-protection-bill-first-state-law-protection-lawyers
SUBMITTED BY: ISHANVI CHHABRA
ASIAN LAW COLLEGE
BALLB 2020-2025
Mobile 6377137771
