NEED OF ADVOCATE
PROTECTION ACT
BY-Arnav Jain
In recent times, there has been a growing concern
about the safety and security of advocates in India. Instances of advocates
being threatened, assaulted, and even murdered have been reported with alarming
frequency. This has led to a plea for a comprehensive law to safeguard
advocates from such attacks.
The Advocates Protection Act 2021 was drafted by
the Bar Council of India in response to these concerns. The bill aims to
provide a comprehensive framework for the protection of advocates and their
families from such miscreants of the societal order which through such acts
wants to terrorize this service of honour. It includes provisions for the
establishment of special courts to try cases of attacks on advocates, as well
as measures to ensure the safety of advocates in courts and other places where
they perform their duties.
The need for such a law is underscored by the fact
that advocates play a crucial role in the administration of justice. They are
often the only voice for the voiceless, and they represent their clients
without fear or favour. However, this also makes them vulnerable to attacks
from those who are unhappy with their work.
The Advocates Protection Act 2021 is a necessary
step to ensure that advocates can perform their duties without fear of
reprisal. It will also send a strong message that attacks on advocates will not
be tolerated.
Specific Reasons for the Need for Advocate
Protection Act 2021
1. Increase
in Attacks on Advocates: There has been a significant increase in the number of
attacks on advocates in recent years. This is a serious threat to the rule of
law and the administration of justice.
2. Lack of
Deterrence: The existing laws have not been effective in deterring attacks on
advocates. This is because the penalties are not severe enough and the
conviction rate is low.
3. Need for
Special Protection: Advocates need special protection because of the nature of
their work. They often deal with sensitive cases and are exposed to threats and
intimidation.
4. Protecting
the Rule of Law: The Advocates Protection Act 2021 is necessary to protect the
rule of law. Advocates play a crucial role in the justice system, and they must
be able to perform their duties without fear of reprisal.
Benefits of the Advocate Protection Act 2021
1. Deterrence:
The Advocates Protection Act 2021 will deter attacks on advocates by providing
for stricter penalties and a higher conviction rate.
2. Protection:
The act will provide advocates with special protection, including the
establishment of special courts and measures to ensure their safety in courts
and other places where they perform their duties.
Empowerment:
The act will empower advocates to perform their duties without fear of
reprisal. This will strengthen the rule of law and the administration of
justice.
Limitations
of the Advocate Protection Act, 2021
1. Scope of Protection: The act majorly focuses on
safeguarding advocates from physical and financial harm but lapses in endorsing
the same in the cyber space.
Implementation Hurdles: The bill’s effectiveness
swirls extremely on the very fact that how is it implemented by our enforcement
agencies and judiciary. Delays in the procedure could undermine the very goal
of this act.
