INTRODUCTION:
The Justice System is dependent upon three important actors, i. e., Judiciary, Police, and Lawyers. Advocates play a vital role in bringing justice to the public. For the fulfillment of basic right to fair trial, lawyer’s independence and safety is prerequisite. Safety of lawyers is at question these days. Violence is an issue which is constantly increasing in our country and it didn’t even spare the legal profession. Contrary to the perception of the general public, lawyers are not exempt from the violence at workplace. They face dangers on regular basis, sometimes from opposing parties, other times from their own clients or their relatives, interested parties, etc The problem of threat to lawyers safety is not unique to India. Almost every country face the same issue. The Human Rights Council of the United Nations had passed an important resolution in 2017 on the need to incorporate robust language against reprisals and strengthen the implementation of immunities to ensure the independence of lawyers. It also noted that “States should respect and protect lawyers who promote and defend human rights defenders”.
The Human Rights Council of the United Nations had passed an important resolution in 2017 on the need to incorporate robust language against reprisals and strengthen the implementation of immunities to ensure the independence of lawyers. It also noted that “States should respect and protect lawyers who promote and defend human rights defenders”.
This Article talks about some of the incidents of violence against the legal fraternity, need of protecting our lawyers and Advocate’s Protection Act in brief.
VIOLENCE AGAINST ADVOCATE’S
There are many incidents of violence happening around the country against the lawyer’s. Some of them are as follows:-
- KANPUR BAR ASSOCIATION ELECTION CASE (17th December 2021): A Kanpur based advocate was shot dead in the violence occured during the Kanpur Bar Association Elections. It was alleged that, firing happend in the air, but it hit the lawyer named ‘Gautam Dutt’.
- ROHINI COURT’S INCIDENTS: There are numerous incidents of violence which took place in Rohini Court. One such incident occurred on 9th December 2021, around 10:40 AM. A blast inside the Court itself seriously injured one. Another incidenr which happend there was on 24th September 2021. A jailed gangster named Jitendra Maan, who was produced before the Rohini Court was gunned down inside the Courtroom by 2 men posing as lawyers. A woman lawyer was also injured. The High Court of Delhi issued a notice in Suo- Motu matter (Court on its own motion v. Commissioner of Delhi Police & Ors.) & calls for the suggestions for improving security in Delhi Courts.
- In Telangana in February 2021, hired killers followed an advocate named Vaman Rao, when he was with his wife, on their way to Hyderabad, blocked their vehicle and stabbed them to death in the middle of the road.
- The Police vs. Lawyers case in 2019 at Tis Hazari Court.
The above incidents are just few one’s. There’s a never ending list of such happenings and incidents and that’s something which is worrisome.
ADVOCATE’S PROTECTION BILL, 2021:
The Bar Council of India framed a draft ‘Advocate’s Protection Bill’ on July 2, 2021, to ensure “protection and safety of lawyers” across the country. The Bill was drafted by seven- member committee, nominated by BCI. The main objectives for the bill are said to be the protection of advocates and the removal of restrictions to their ability to fulfil their tasks. A variety of circumstances are mentioned in the bill that obstructs the execution of tasks.
NEED OF THE BILL:
The major needs of the bill are stated to be the protection of advocates and the removal of impediments to their performance of their duties. A variety of circumstances are mentioned in the bill that obstructs the discharge of tasks. A primary reason is a sudden increase in assaults, kidnappings, intimidation, and frequent threats against advocates. When the security of lawyers is jeopardized as a result of their work, the government must provide the necessary protection. Such a measure is required to protect activists.
IMPORTANT FEATURE’S OF THE BILL
PREAMBLE:
The preamble of the bill states that it is meant to safeguard advocates and their responsibilities when performing professional obligations.
PUNISHMENT AND COMPENSATION FOR THE ACT OF VIOLENCE (SECTION 3 and SECTION 4)
According to Section 3(1) of the Bill, anyone who commits or even aids and abets an act of violence against an Advocate would be sentenced to a minimum of six months and a maximum of five years imprisonment. The fine for the crime might range from 50,000 to one lakh rupees, depending on the seriousness of the crime. Furthermore, under Section 3(2) of the Bill, anyone who has already done the act but does so for a second or subsequent time shall be penalised with detention ranging from 2 to 10 years and/or a fine of more than ten lakh rupees but not less than that. If a crime has been committed, the offender will be required to pay compensation in addition to the penalty imposed under Section 3. Depending on the circumstances, the court will estimate the extent and amount of compensation. However, notwithstanding compounding under Section 6, if the damage is made to any property, the amount of compensation will be twice the market value of that damaged property, as per Section 4(3). In addition, if compensation is not provided under Sections 4(1) and 4(2), Section 4(4) states that the money will be reclaimed as land revenue arrears under the Revenue Recovery Act of 1890.
INVESTIGATION (SECTION 5)
When a case is filed under Section 3 of the Bill, it can only be investigated by a police officer of at least the position of Deputy Superintendent of Police (DSP), and the investigation must be completed within 30 days of the filing of the First Information Report (FIR) under Section 154 of the Indian Penal Code, 1860, according to Section 5(2) and section 5 (3) of the Bill.
THE REDRESSAL COMMITTEE:
The bill’s next major provision is the establishment of a redressal committee. From every level, i.e. District, High Court, and Supreme Court, a three-member commission for Redress of Grievances of Advocates and Bar Associations have been established. The head of the court at that level, such as a District Judge for the District Court, a Chief Justice or his nomination for the High Court, and a CJI or his nominee for the Supreme Court, will lead this committee.
PROTECTION AGAINST ARREST (SECTION 11)
Section 11 states that no police officer may arrest a lawyer or investigate an advocate case without a specific order from the Chief Judicial Magistrate.
SOCIAL SECURITY (SECTION 7 &15)
Advocates (Protection) Bill, 2021, recognizes and provides for the social security of Advocates under Section 15. It states that the Central Government, as well as the State Government, might grant financial assistance to Advocates in need during unanticipated events such as epidemics or other natural disasters. On the proposal of the State Bar Council, the Local District Magistrate or District Court may pay a minimum of Rs. 15,000 to Advocates in Need till the epidemic or other natural calamity is over. The Central Government will cover half of the costs, while the State Bar Council will cover the other half. Apart from that, the Central Government may establish some insurance plans. The Central Government even has the authority to lend money to such lawyers. It may order Public Sector Undertakings and Scheduled Banks to grant loans at fair interest rates via a circular. Further sections provide for police protection, the formation of a grievance redressal body, the protection of advocates from illegal arrest and malicious prosecution, and so on. Advocates who the court believes are or may be the victims of any of the offences listed in Section 2 of the Bill may be given police protection. The courts will decide how long such protection will last. Section 7 of the Bill provides such protection.
CONCLUSION:
There is dire need of providing protection to the lawyers in order to deliver justice to the fullest. Lawyer’s are becoming victims of violence and it need to be stopped. The Advocates (Protection) Bill of 2021 can be extremely beneficial in this regard. After analyzing and investigating every relevant aspect, the committee of specialists drafted this Bill with great care. All of the major concerns confronting the Advocates fraternity have been explored and debated. To conclude, this Bill should be transformed into an Act and made applicable throughout India in order to safeguard and save our Advocates from criminal charges and to enable them to carry out their duties without danger. Rajasthan, has enacted an “Advocates Protection Act” making it applicable solely within the state’s jurisdiction, other states are yet to pass similar legislation, although there are ongoing discussions to implement such laws across the country.