The Advocates Protection Bill, 2021: A Shield for the Legal Fraternity

Introduction

Advocacy, as a profession, holds a pivotal place in upholding the rule of law and safeguarding fundamental rights. Advocates are indispensable for delivering justice and maintaining law and order, much like the police and judiciary. Yet, unlike their counterparts, advocates often face threats, assaults, harassment, and even death in the course of discharging their professional duties. This alarming trend has highlighted the urgent need for a comprehensive legal framework to ensure their safety and autonomy.

Genesis of the Advocates Protection Bill

On July 2, 2021, the Bar Council of India issued the Advocates Protection Bill, 2021. The bill seeks to provide both physical and financial security to lawyers, enabling them to carry out their duties without fear or hindrance. It also aims to ensure that justice is not obstructed by threats or undue influence on legal professionals.

Who is an Advocate?

In simple terms, an advocate (or "Vakil Sahab" in common parlance) is someone authorized to represent clients in court. According to Black’s Law Dictionary, an advocate is “one who gives legal advice and aid and pleads the cause of another before a court.” The Advocates Act, 1961 defines an advocate as a person with a law degree who is registered with a Bar Council and authorized to practice law.

The dress code of an advocate is symbolic:

• Black coat: authority, power, submission to justice
• White shirt and band: transparency, hope, and purity

Need for the Bill

The necessity of this bill is underscored by the rise in incidents of violence, intimidation, and harassment faced by advocates. These acts violate their fundamental rights under Article 19(1)(g) (Right to practice any profession) and Article 21 (Right to life) of the Indian Constitution. A legal system that fails to protect its advocates compromises the impartiality and fairness of litigation.

As stated in R. Muthukrishnan v. Registrar General of the High Court of Madras, the integrity and independence of lawyers are foundational to the justice system and cannot be compromised.

Recent Incidents Highlighting Urgency

Several disturbing events reinforce the need for protective legislation:

• Advocate Shelly Sharma was subjected to NIA raids without proper basis.
• A 65-year-old High Court advocate in Andhra Pradesh was murdered due to a land dispute.
• Advocates have been assaulted in road rage incidents and even attacked with swords.
• In a tragic incident, Advocate Gattu Vamana Rao and his wife were murdered for filing complaints against local leaders.

These events reflect the deteriorating security conditions for advocates across the country.

Key Provisions of the Bill

1. Punishment for Violence

Sections 3 and 4 of the Bill prescribe imprisonment from 6 months to 5 years and a fine up to ₹1 lakh for anyone committing or abetting violence against an advocate.

2. Compensation

Offenders must also pay compensation determined by the court, which could be double the market value of damaged property or loss incurred.

3. Protection from Arrest

No advocate shall be arrested or investigated without an order from the Chief Judicial Magistrate. Police must document complaints and refer them to the CJM, who must give the advocate an opportunity to be heard.

4. Right to Police Protection

An advocate under threat may approach the High Court for police protection, to be provided as deemed necessary by the court.

5. Immunity for Good Faith Acts

Advocates are protected from legal proceedings for actions taken in good faith while discharging professional duties.

6. Safeguards Against Malicious Prosecution

If proceedings are found to be vexatious or malicious, they may be dismissed with costs.

7. Social Security and Financial Assistance

In events like epidemics or natural disasters, governments may grant financial aid. Advocates may receive a minimum of ₹15,000 during such crises, as proposed by the State Bar Councils.

Implementation at State Level

Rajasthan became the first state in India to pass the Rajasthan Advocates Protection Bill, 2023, which provides legal safeguards for advocates from criminal force and intimidation.

The Bar Councils of Punjab and Haryana have also drafted protection bills and are urging their respective governments to take immediate legislative action. Advocates in these regions have even considered statewide peaceful protests to demand the passage of the bills.

International Legal Standards

1.       In Russia, the “Federal Law on Lawyers’ Activities and Advokatura” and Article 296 of “The Criminal Code of the Russian Federation, 1996” safeguard the lawyers and persons who participates in the administration of justice.

2.       In Indonesia, Article 15 of Law No. 18 of 2003 and in Egypt, Article 54 of Law No. 17 of 1983, ensures protection of the legal profession.

3.       The Charter of Core Principles of the European Legal Profession 2006, provides the liberation of the lawyer, and the freedom of the lawyer to pursue the case of their clients.

4.       The Basic Principles on the Role of Lawyers, 1990 and The Vienna Declaration on Human Rights, 1993, establish the independence of legal profession as the significant feature of a democratic system.

5.       The UN Basic Principles on the Role of Lawyers also provides that for upholding the rule of Law, the freedom to the legal profession is a crucial foundation.

6.       The International Covenant on Civil and Political Rights provides, and harassing the legal professionals and violence against the lawyers may lead to infringement of the rights of the clients as well.

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Discussion

In my opinion, Advocate is a confident and noble profession, which we have also witness in our history that most of the renowned leaders are lawyers. Today, an Advocate faces not only financial problems but, life-threatening problems as well in his/her profession, which not only distress the life of an advocate but also have negative consequence on his/her family, society, and the legal system.

The Advocates Protection Bill, 2021 is an enormous step to shield the Advocates from violence, assault, or any type of criminal force. These are some of the major problems of the legal profession faced by the advocates in their day-to-day life and should be catered appropriately and to this, Advocates Protection Bill is a huge step. This Bill can be considered a pioneer in protecting the rights of an Advocate and thus, help in administration of the justice effectively without any fear or undue influence. The Advocate Protection Bill must be enacted as earliest as possible.

Conclusion

Hence, the Advocates Protection Bill of 2021 can be tremendously advantageous for Advocates fraternity which will help them in providing protection from assault, criminal force, harassment, and threats, etc. aimed directly at Advocates when they are performing their professional responsibilities. These types of violence against the lawyers usually result in shortcomings in Advocate’s provision of effective services to clients as well as inculcating a deep sense of fear in Advocate’s mind, which later hinders the administration of justice and rule of law.

Advocates also have the challenges related to representing detainees and those who are imprisoned or incarcerated, which put pressure on the lawyers by threating them. In order to aid in the investigation of alleged wrongdoing, attorneys are questioned about privileged communication with their clients. All these issues that the Advocates are facing will be relieved if the Act for the protection of the advocates will be passed.

To conclude, the best option is that the Bill should be converted into an Act and made applicable throughout India in order to safeguard and save our Advocates from criminal charges and intimidation and thus, to enable them to carry out their duties without danger.