ABSTRACT
Advocates play a crucial role in upholding justice and ensuring the fair application of the law. However, in India, they often face threats, violence, and intimidation, hindering their ability to perform their duties fearlessly. The absence of a comprehensive Advocate Protection Law leaves legal professionals vulnerable to harassment, coercion, and even physical assault. This paper explores the urgent need for a structured legal framework to safeguard advocates, balancing their security with the principles of justice. It examines the increasing instances of violence against lawyers, the legal and constitutional provisions available. Furthermore, it discusses the potential challenges in implementing such a law and suggests policy recommendations for an effective legal mechanism. Strengthening the protection of legal professionals is not just about their safety but also about ensuring an independent and fearless judiciary, which is fundamental to democracy and the rule of law in India.
KEYWORDS
Advocate, Protection, Act, Security, Judical, legal
INTRODUCTION
In India, Advocates are generally considered as the lender of last resort in case of any legal tensions. An Advocate who is a part of the judiciary is an essential element of society and plays a crucial and they act as intermediaries between individuals and the judiciary, providing legal representation, safeguarding human rights, and assisting in the fair administration of justice. Despite their critical function in the legal system, advocates in India increasingly face threats, violence, and harassment. Such incidents not only compromise their safety but also have far-reaching implications for judicial independence and access to justice.
While the judiciary enjoys constitutional protection, advocates remain vulnerable to physical assaults, intimidation, and abuse, often without adequate legal recourse. Recent cases have highlighted the urgent need for an Advocate Protection Law to address these concerns. This paper delves into the necessity of legal protection for advocates, analyzing the current threats they face, evaluating existing legal measures, and proposing effective solutions to ensure their safety. However, due to their duties of imparting justice, they face the problem of threat and sometimes they are brutally murdered for defending their parties. Therefore, Advocate needs protection and security for his life and his family to live a healthy and prosperous.
Background and Importance of Advocates in the Legal System
A lawyer is like a “pujari” in a temple, “maulavi” in mosque, “granthi” in gurudwara and “clergyman” in church who performs “Nyay Dharma” in the temple of justice i.e., the Court. Lawyers play an important part in the administration of justice. The profession itself requires the safeguarding of high moral standards. As an officer of the Court the overriding duty of a lawyer is to the Court, the standards of his profession and to the public. Since the main job of a lawyer is to assist the Court in dispensing justice, the members of the Bar cannot behave with doubtful scruples or strive to thrive on litigation. Lawyers must remember that they are equal partners with Judges in the administration of justice. If lawyers do not perform their function properly, it would be destructive of democracy and the rule of law. “Law is no trade, briefs no merchandise”. An advocate being an officer of the Court has a duty to ensure smooth functioning of the Court. He has to revive the person in distress and cannot exploit the helplessness of innocent litigants. A willful and callous disregard for the interests to the client may in a proper case be characterized as conduct unbefitting an advocate.
The Advocate fraternity is literally acting as one of the essential wings of the justice delivery system akin to the police and the judiciary and while the police and judiciary have access to protection, social security and even privileges; the most important link between the two who argue and present the cases/matters in courts is/are not given proper protection against the nefarious activities of anti-social elements. As legal professionals, they represent clients in courts, provide legal consultation, and ensure that laws are upheld in accordance with constitutional principles. Their responsibilities include advocating for justice, defending the accused, representing vulnerable groups, and holding authorities accountable through legal means and they act as a pillar of democracy, ensuring that individuals receive fair trials and fundamental rights are upheld.
The Rising Threats Against Advocates in India
In recent years, there has been many incidents of assault, criminal force, intimidation and threats were caused to the Advocates and they were targeted towards it merely for performing their duty. Many advocates, particularly those who handles the criminal cases, land disputes, or the matters of the politics are subjected to violence and there were several cases where they were attacked inside or outside the premises of the court. The cases which involves the issues such as human rights, criminal defense or anti-corruption, they are threatened and intimidated that deters them from representing their clients effectively. And even sometimes there have been instances where the advocates have been falsely implicated in cases, arrested, or harassed by authorities for defending clients.
Women lawyers, for instance are at a higher risk than their male counterparts. In addition, a young lawyer with relatively fewer years of experience at the bar will likely face more danger. Similarly, lawyers who deal with violent clients and emotionally charged cases face the risk of being attacked more. Now, the risk of practicing also varies from place to place as the lawyers who are practising in district courts in the small towns and villages, far from the media and police stations will fear more for their lives than those who are practising before the courts other than the district courts i.e., the higher courts. The injury that occurs to the advocate is not just physical but also psychological as well as emotional. But these threats are not limited to these only, they can get extended to the situations of violent confrontations, online abuse and causing damage to their private property and many more. Due to all such activities, it hinders the smoothness of the procedure as well as in bringing and giving out justice to the rightful party to the case. Unlike judges or police officers who have legal protections and security measures, advocates are the one who are left vulnerable. There are no statutory provisions in place to ensure their protection.
The increasing number of such cases/incidents raises concerns about the safety of legal professionals and the effect of such incidents is of a long term for the judicial system. If the Advocates continued to be targeted, it will discourage lawyers from taking up sensitive cases and nonetheless will affect the access to justice for the communities.
Need for Legal Protection for Advocates
The absence of a dedicated Advocate Protection Law in India exposes the legal professionals to significant risks. While the Indian Penal Code (IPC), now known as Bharatiya Nyaya Sanhita (BNS) provides generic protections against assault, criminal intimidation, and wrongful restraint, these provisions fail to address the specific vulnerabilities of advocates.
By giving them a shield, the Advocates Protection Act is very relevant to advocates. All obstacles to all court processes will be eliminated if they are protected while carrying out their judicial duties. This could result in the judiciary and courts operating more efficiently. Advocates can let go of all their worries about their own and their families’ safety and security. Because there is no longer any inherent fear of practicing law and carrying out their judicial duties, the measure also promotes advocacy, which could improve legal careers and access to justice. Additionally, it conveys to India’s youth that advocates are respected individuals, and that the government is obligated to uphold their dignity.
If the Advocates whose duty is to provide justice to his client is not protected by such incidents that would result in delay of a lot of continuing cases, adding to the backlog of cases. Hence, the act will lead to the stopping of such incidents and benefit not only the lawyers but the justice delivery system as well.
There is a case of Telangana in which there happened a brutal murder in the broad day light of an Advocate named Gattu Vaman Rao and his wife PV Nagamani by contract killers while they were on their way back to Hydrabad, the killers blocked their vehicle and stabbed them to death in the middle of the road. Vaman Rao had filed cases against two local leaders in his village from the ruling party to stop them from encroaching on public land.
Recognizing this growing concern, a seven-member committee was constituted to draft the Advocates Protection Bill, the Bar Council of India (BCI) proposed the Advocates (Protection) Bill, 2021, which aims to provide safeguards against threats, violence, undue harassment, illegal detention and many more. This bill is also in agreement with the Eight United Nations Congress on the Prevention of Crime and the Treatment of Offenders (1900), to which India was a participants, where it has adopted the “Basic Principles on the Role of Lawyers”. Clause 16 to 18 of the declaration deals with “Guarantees for the functioning of lawyer” which are as follows:
“16. Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment, or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.”
“17. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.”
However, the bill is still pending in Parliament i.e., yet to be passed into law and become a full-fledged Act, leaving legal professionals vulnerable. But the act has brought several provisions that protects the dignity of the advocates by preventing the offences that are specifically done or targets the advocate such as assault, grievous hurt, criminal force, and criminal intimidation including the damage or loss to their property. In case of causing grievous hurt to an advocate, the punishment will be imprisonment of seven years and a fine of Rs.50,000. Whereas in case of assault on an advocate, the punishment will be imprisonment of two years and a fine of Rs.25,000. And in the case of criminal force and intimidation against a lawyer, a punishment of two years has been proposed in the bill. Section 4 of the bill provides the police protection to an advocate in need.
If it is known that an advocate is abusing these rights or misusing these rights then this bill also proposes the punishment for the same with the imprisonment up to two years, or with a fine or both. For repeating offence the imprisonment can be ranged from six months to five years, with a maximum of ten years and the penalty of fine from Rs.50,000 to Rs.1 lakh for the first offense, while fines for consecutive offenses can reach Rs.10 lakhs.
The series of events that led to the Rajasthan Advocates Protection Bill, 2023 proposed in the state legislative Assembly started on February 18 when Jugraj Chauhan, a 48-year-old lawyer practicing in Jodhpur, was attacked by two men in broad daylight. According to the news, the event was recorded on the neighbouring CCTV cameras. A day later, supporters from several state courts demanded a walkout and an ongoing boycott of judicial operations. A statute was also requested to safeguard activists and their families. On February 28, the Rajasthan High Court took suo-moto cognizance of the lawyers’ strike and reiterated that any attempt made to obstruct any lawyer or litigant from entering the court and appearing in the court to argue the matter would be viewed strictly.
The State of Rajasthan is the first state who had made a significant step in the Indian legal history by not only acknowledging the crucial role that advocates play in defending the values of justice and rule of law problem but also on 21st March 2023, the Advocate Protection Bill was approved by Rajasthan providing the legal professionals with protection against threats and other actions such as assault, significant bodily harm, criminal force, and criminal intimidation. The bill will now be implemented into an act, which will be known as the Advocate Protection Act 2023.
The bill places a strong emphasis on the development of safe and secure working environment for legal practitioners. The Rajasthan Advocate Protection Bill intends to create a secure and protected working environment for legal practitioners by applying these physical security measures. This strengthens their capacity to carry out their responsibilities successfully, supports the rule of law, and encourages everyone’s access to justice.
The recent case of Delhi, Advocate Virender Kumar Narwal, 53, was gunned down by two motorcycle-borne assailants in southwest Delhi’s Dwarka area on April 1, 2024. The High Court was hearing a plea by advocates Deepa Joseph and Alpha Phiris Dayal seeking the enactment of a law for the protection of advocates in the wake of the alleged murder of a lawyer in April. “The recent acts of violence against lawyers show the dire need for enactment of the Advocates Protection Act in Delhi,” the plea said. Justice Sanjeev Narula directed for the status report on the Advocates Protection Bill to be filed within two weeks and brought the hearing date from February 5, 2025 to December 16, 2024.
The plea also talked about the how an Act that guarantees protection to the fraternity of lawyers practising in Delhi will help remove the sense of fear that is embedded in the minds, particularly among the young first-generation lawyers due to the repeated acts of firing inside court premises.
Other Cases:-
1) The Murder of Advocate Darvesh Yadav (2019):
Darvesh Yadav (38), the first woman chairperson of UP Bar Council, was shot dead by her colleague Manish Sharma inside Agra district court premises. The case shocked the legal fraternity, demonstrating the risks advocate face even within professional settings.
2) The Attack on Advocate Shahid Azmi (2010):
Shahid, who has represented accused in terror cases including the July 11, 2011 serial train blasts and who was instrumental in the acquittal of two men in the 26/11 terror attack, was shot dead in his office at Taximen’s colony in Kurla on February 11, 2010. His murder was widely condemned and highlighted the dangers faced by advocates dealing with politically sensitive cases.
3) Threats Against Environmental and Human Rights Lawyers:
In 2020, the non-profit organization Global Witness documented an average of four killings of environmental human rights defenders every week making it the deadliest year recorded by them so far for these brave protectors of the planet. There are most likely many more fatalities that haven’t been documented. Some lawyers have been forced into exile or have withdrawn from cases due to continuous threats.
Due to all these above mentioned incidents and many more which are unheard of, the fundamental rights of the Advocates have been infringed all the time that are provided under the Constitution of India. The Articles 14, 19(1)(g) and 21 of the Indian Constitution and section 30 of the Advocates Act where every advocate has a right to practice before any court, Tribunal or person. The attacks on advocates violate their right to life and security, making state intervention necessary. The Advocate Act, 1961 governs the legal profession in India, it establishes regulatory bodies such as the Bar Council of India (BCI) and State Bar Councils, which oversee the professional conduct and ethical standards. But the Act lacks the provisions for the safety and security of advocates. Also, it does not outline the penalties for crimes which are specifically against the advocates and while the act governs the professional conduct but it does not address the risks they face.
Challenges in Implementation:-
There will be many challenges that would be faced by the Advocate Protection Act if enacted, some of the challenges are as follows:
- Implementing security and compensation measures will require government funding.
- Many advocates and law enforcement officers are unaware of their rights and responsibilities regarding advocate protection.
Solution:
- A dedicated Advocate Protection Fund financed through government grants and Bar Council contribution.
- Mandatory training for police and legal professionals on the importance of advocate safety.
RESEARCH METHODOLOGY
This paper is of descriptive nature and the research is based on secondary sources for the deep analysis of the Balancing Justice and Security: The Need for an Advocate Protection Law in India. Secondary sources of information like journals, articles, websites and research papers were used for the research.
REVIEW OF LITERATURE
The research paper titled “Balancing Justice and Security: The Need for an Advocate Protection Law in India”. By Ashu Singh, Starex University. The author emphasis on the need to understand the importance of the Advocate Protection Act, the researcher explored a range of incidents, articles, looked into judicial viewpoints to understand the importance of an advocate and existing provisions under the Bharatiya Nyaya Sanhita and Advocates Act, 1961, which offer some relief but are insufficient to address the unique challenges that are faced by the advocates. Hence, arises the need of an Advocate Protection Act in India.
METHOD
The research employs a secondary research methodology. The data utilized in this study are derived from secondary resources. The sources encompass journals, articles, research paper that were examined to enhance the analysis. The reliance on secondary sources throughout the research has introduced variability in the quality and breadth of opinions and perspectives.
SUGGESTIONS
To ensure the safety of advocates while maintaining the integrity of the judicial system, there a few measures that can be considered such as:- (a) There should be Advocate Protection laws which should be enacted to protect the advocates from the threats, violence and many more other things. (b) Provisions that can be availed by the advocates in the high-risk/profile cases which gives them immediate police protection. (c) Financial assistance should be provided to families of advocates facing fatal attacks. (d) A welfare fund for advocates to support them during the times of emergencies. (e) Establishment of emergency helplines for advocates facing threats. (f) The Bar Council should actively monitor the incidents of violence and provide legal aid to the respected advocate who has suffered such consequences while performing their duty.
CONCLUSION
The Advocates are the backbone of our society. They are the ones who ensures that the innocent gets what they are deserved and the guilty must be punished for the crimes or wrongdoing they have committed with the law in the time being. The threats faced by advocates in India are not just an occupational hazard but a serious challenge to the country’s judicial independence and the rule of law. The absence of a dedicated legal framework for advocate protection has left legal professionals vulnerable to violence, intimidation, and harassment and to work at the full potential of theirs they need to be protected by the law or else they can be in a vulnerable position. The incidents discussed above will not only affect their work but will also affect their clients as well as the justice delivery system, access to legal representation and public confidence in the judiciary. The Advocate is one of the pillar of justice in the legal system and without them, the justice cannot be delivered and there will be mountains of backlogs and pending cases will be left. Hence, there is a critical need for the Advocate Protection Act in India as it will play a vital role in securing the dignity, safety and rights of the legal professionals. The act will not only ensure this but will also ensure the unhindered delivery of justice, i.e., it will not only benefit the client but also the society at large. There will be challenges and criticism that will be faced by the Advocate Protection Act but it will be considered as a significant step towards protecting the one who plays an important role in justice and rule of law.
ASHU SINGH
STAREX UNIVERSITY, GURUGRAM