The Advocate Protection Bill 2021

(This article has been prepared by Miss Dhanishtha Khanna, a 1st year B.A.L.L.B. student at Vivekananda Institute of Professional Studies)

Being a lawyer is not just about arguing in court or drafting documents it often means standing up for justice, even in situations of danger. Over the years, many advocates have faced threats, assaults, and harassment while delivering justice. All these activities against the Advocates violate Article 19(1)(g) i.e. Right to practice any profession and Article 21 i.e. Right to life, of the Indian Constitution. Thus, to secure the justice system and make the litigation process impartial, fearless, and fair, before the Courts, tribunal, or any other Authority, the Advocates Protection Bill is much needed. Some have even lost their lives. One of the recent incidents of November 2024 mentions Kannan, a junior lawyer practicing under a senior advocate, was walking out of the court complex when he was allegedly stabbed by Anand Kumar, a 32-year-old clerk at Hosur court, in broad daylight. These incidents made lawyers quit their professional careers and it was clear that lawyers needed legal protection, leading to the introduction of the Advocate Protection Bill 2021. This bill was introduced to provide security for advocates, ensuring they can do their job without fear. It primarily aims to prevent violence, wrongful arrests, and other criminal offenses against lawyers. The bill was equipped with all the necessary provisions which were required to safeguard the advocate’s liberty. The Advocate Protection Act is a law that safeguards legal professionals. There are various clauses for the protection of legal professionals but some important clauses mentioned in the preamble of the act are, Protection from Violence (Section 7) Any threat, attack, or harassment against an advocate is now punishable. No Wrongful Arrests (Section 11) A lawyer cannot be arrested instead of any case they are handling without prior approval from the judicial magistrate. Compensation for Harm (Section 9) If a lawyer suffers physical injury or financial loss due to an attack, attackers are entitled to compensation. Complaint Mechanism (Section 10) A dedicated system is in place to address grievances of advocates facing threats or harm. Advocates play a key role in ensuring justice. However, when they take up controversial cases such as those involving corruption, human rights violations, or political disputes they often become targets. Without legal protection, many lawyers felt unsafe, leading some to avoid sensitive cases and also quitting their profession. The Advocate Protection Act ensures that lawyers can work without fear, ultimately strengthening the justice system. The Act imposes strict penalties on those who harm advocates for First-time offenders, which shall be not less than six months but may extend to five years and with fines up to one lakh rupees. Repeat offenders: shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to ten years and a fine which shall not be less than two lakh rupees. Serious offenses:(like grievous injuries) A non-bailable offense with up to five years in prison. For minor offenses, lawyers have the option to settle the matter legally instead of pressing charges. The law mandates that if an advocate reports threats, the police must provide immediate protection. This ensures that lawyers handling sensitive cases do not face intimidation or harm. The Act establishes a three-member grievance redressal committee in each district, comprising:

1. A senior district judge,

2. The district magistrate (or collector), and

3. A senior advocate from the bar association

This committee investigates complaints and ensures action against those threatening or attacking advocates. To provide better security and welfare, the Act includes social benefits such as Health Insurance and free or subsidized healthcare for lawyers. Financial Support for Families: Compensation for families if an advocate dies due to professional risks. Retirement Benefits: Pension schemes for senior advocates. Advocate Welfare Fund: A fund to assist lawyers in financial distress. The recent amendment bill was introduced because of following repeated incidents of attacks on advocates, but after consultations with legal bodies like the Bar Council of India (BCI) and senior lawyers, the government decided to pull it back for further revision. as the bill did not clearly define how law enforcement agency should step in to safeguard legal professionals. The proposed three-member grievance redressal committee was also seen as inadequate to handle serious threats faced by lawyers. Another major concern was the penalties for offenses against advocates. Many legal experts felt that the punishments were too lenient and they also wanted to expand the law to cover cyber threats and online harassment of lawyers. The government is now expected to increase punishments, clarify police protection provisions and make a better law in the protection of advocates.

SOURCES

1. Article 19(1)(g), constitution of India guarantees fundamental freedoms to all citizens, including freedom of speech, expression, assembly, association, movement, residence, and profession.

2. Article 21 of the Indian Constitution guarantees the fundamental right to life and personal liberty, stating that no person shall be deprived of their life or personal liberty except according to a procedure established by law.

3. THE HINDU - A lawyer was stabbed outside the Hosur court in Krishnagiri district allegedly by a court clerk on Wednesday (November 20, 2024).

4. Section - 7 of the Advocate Protection Bill 2021 protects from any violence, threat, attack, or harassment against an advocate is now punishable.

5. Section - 11 says that a lawyer cannot be arrested instead of any case they are handling without prior approval from the judicial magistrate.

6. Section - 9 of Advocate Protection Bill 2021 provides that no case shall be registered against an advocate without the prior sanction of the High Court. This safeguard advocates from false or frivolous legal action while performing their professional duties.

Mentioned are some landmark cases that happened in past years to make the Protection of Advocates bill even more reliable.

1. R. Muthukrishnan v. The Registrar General, Madras High Court (2019): This case emphasized that advocates should be independent and protected from police harassment. (In R. Muthukrishnan v. The Registrar General of the High Court of Judicature at Madras (2019), the Supreme Court upheld the Madras High Court's authority to frame rules regulating advocates' conduct within court premises, emphasizing the judiciary's inherent power to ensure court decorum and discipline. The Court clarified that while disciplinary actions against advocates are primarily within the purview of Bar Councils, High Courts can enact rules to maintain order and dignity in judicial proceedings.)

2. Supreme Court Suo Moto Case on Attacks Against Lawyers (2022): The Supreme Court recognized the increasing violence against lawyers and called for better safeguards. (In 2022, the Supreme Court of India took suo motu cognizance of incidents involving attacks on lawyers within court premises. The Court emphasized the need for measures to ensure the safety and security of advocates, highlighting the importance of maintaining the dignity and decorum of judicial proceedings)

Rajasthan is the first State in the country to pass a law that ensures the safety of the advocates and thus, creates history. On 22nd March 2023, the Rajasthan Legislative Assembly decided to pass the Advocates Protection Bill, in amended form for the prevention of lawyers from harassment and violence which is to be called The Rajasthan Advocates Protection Bill, 2023.

The State Bar Council of Punjab and Haryana has formulated drafts of the Punjab Advocates (Protection) Bill, 2023 and the Haryana Advocates (Protection) Bill, 2023 to be handed over to the respective State Governments.