Introduction:
The legal profession is a noble profession. Advocates are officers of the court. They play a vital role in the administration of justice. It’s a brilliant, attractive, peaceful and challenging profession. The advocate has to deal with a variety of human relations and have his mettle constantly tried from every point. No member of the legal fraternity ever hesitates to condemn injustice and tyranny. We have been blessed with great personalities such as, M K Gandhi, Dr. Ambedkar, Palkhiwala who despite being an advocate lived their lives with the highest sense of justice, ethics, and the moral obligation to give back to society. As they provide justice to the society, its responsibility of us to provide them security.
The officers of the court are not secure in our own country. They are not safe even in the courts. We have been hearing the incidents like the Tis Hazari court incident and the Saket court incident. The advocates were subjected to cruelty. In some incidents, they were shot down. Imagine if these noble persons of the court are only attacked or subjected to these types of incidents then who will seek justice? The nation will be in the dilemma of injustice only. There is an increase in the white-collar crimes particular in our society and the Advocates are meant to deal with them, so closely, in everyday life while discharging their professional duty sometimes unwittingly prone to professional hazards. According to Section 197 of the Code of Criminal Procedure 1973 (Cr.P.C.), there is statutory protection for judges and public servants[1]. Shockingly, there is no provision in the Law of Land for an advocate against the offense purported to have been committed during discharging professional duty even performed with the utmost care, diligence and reasonable prudence for securing justice for the client.
Challenges faced by Advocates
The lawyers are beaten and killed in the public by the people. They are threatened to be killed. In some incidents, the politicians threaten or assault if the advocate raises voice against their injustice with the society. There have been instances where the frivolous petition has been filed against advocates by rivals of their clients to exert the pressure. The woman advocates are assaulted with lathi. If officers of justice are not safe then how we can imagine the common people to be safe. Some people use derogatory language in judicial and quasi-judicial proceedings against the advocates. There are no social and welfare measures for the advocates. The new junior advocates face lots of problems in the initial years of the law practice. They should be provided with legal assistance. There should be schemes based on some criteria i.e. as per the income. Whose income is less, to support their family they should be provided stipend by the government? The guidance should be provided to young lawyers to gain stability in the field of law. There are an inadequate number of chambers for advocates. And for some of them, it’s not affordable to have their own chamber. For them, the government should make the arrangements and give them on rent at affordable prices. There is no support fund for the ailment or death of an advocate. As the main problem of the judicial system is the pendency of cases. We lack in number of advocates and also the judges. And the infrastructure & the facilities by the government. If the schemes and perks would be given to the advocates, there will be major scope in the field which will attract the younger minds in the field of law. As a result, there will be ignited minds and the number of judges and advocates will increase which can lower the overburdening of the cases in courts all over the country.
Incidents of Violence against Advocates
The Tis Hazari court incident, there was a heated argument between the policemen and an advocate over the parking issue. Later the policemen, put him in the lockup. So, the other advocates protested to release him. Then, the spontaneous violence broke out between police and advocates. And policemen allegedly opened fire which resulted in the injuries of two advocates. There was also the destruction of advocate chambers[2].
At Panchkula district court (Haryana), a group of 10-12 persons had allegedly thrashed three advocates of Haryana and Punjab high court at Panchkula. The incident took place in April last year. Also, the attackers were armed with deadly weapons[3].
Steps to be taken by the Government
An increasing number of such incidents has necessitated the need to bring the Advocates Protection Act for the welfare of advocates. There is a loss of time in court proceedings due to the protest in demand for the Advocate Protection Act. It is of utmost importance to bring this act. It should add a provision from Advocate’s Act, 1961, Section 7(d) of the act says ” to safeguards the rights, privileges and interests of advocates”[4]. So, it is very necessary to give Advocates rights in a well-established act to safeguard them from misconduct (as mentioned in the above incidents of violence) by police personnel and others of the same nature. Advocates have demanded that there should be a specific provision that no court shall take cognizance of any offense alleged to have been committed by any advocate while acting or purporting to act in the discharge of his duty as prescribed by any statute, without the previous sanction of the State Bar Council defined under Section 2(1)(K) of the Advocates Act, 1961[5]. There should be provision that the use of derogatory language in judicial and quasi-judicial proceedings against advocates appearing on behalf of either party shall be a cognizable, non-bailable offense.
Provisions for Advocate protection bill by researching from various sources:
- There should be an appointment of a judicial committee to look into the cases of assaults against the advocates and there should be fast track inquiry on these matters.
- To keep check on frivolous petitions against the advocates by the opposite clients.
- There shall be no use of derogatory language in judicial and quasi-judicial proceedings.
- A support fund for ailment, death, and stipend to young advocates should be provided.
- There should be the construction of an adequate number of chambers in the court premises.
- An independent body should be established which shall include designated senior advocate, advocate as chosen by Bar and a person not below the rank of a High Court judge to prescribe the speedy procedure for the disposal of the cases under the act and also to make an enquiry and decide into the matters of professional misconduct by the advocate.
Conclusion
If these incidents continue to happen, there will be insecurity between advocates as well as in the society. There will be protests all over the country. So, there will be no court hearings. Already we lack in numbers of judges and advocates. As a result, it will increase the pendency of cases in all the courts over the country. Where the people of the country will suffer the most. There should be an immediate appointment of Amicus Curiae so that information about such assaults may be informed to the courts. Also, the committee should be set up to examine and give recommendations for the protection of advocates. They are the justice seekers of the society. Also, to prevent some frivolous petitions and threats from the politicians and other people the advocates should be protected. And if this has to happen, it is only possible when the government structures bill for them and enforce it in the country. It is the need of the hour to pass this act. Advocates serves the society to its fullest. Now it’s the duty of government to protect the interests of advocates as it does in the case of judicial officers. Advocates promote peace, dignity, and integrity to the nation as a whole.
References:
[1] http://legislative.gov.in/actsofparliamentfromtheyear/code-criminal-procedure-act-1973
[2] https://timesofindia.indiatimes.com/city/delhi/delhi-cop-opens-fire-at-lawyer-in-tis-hazari-court-police-vehicle-set-ablaze/articleshow/71866149.cms
[3] https://timesofindia.indiatimes.com/city/chandigarh/attack-on-lawyers-hc-seeks-fresh-status-report/articleshow/71976324.cms
[4] http://www.barcouncilofindia.org/wp-content/uploads/2010/05/Advocates-Act1961.pdf
[5] https://www.indialegallive.com/did-you-know-facts-about-news/perspective-news/advocate-protection-bill-a-sense-of-security-48868
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