Advocate Protection Bill, 2021, (Click Here to Download):

Written By: Mr. Varun Kumar, Founder, Law Audience:

I. INTRODUCTION:

Lawyers play a critical role in the functioning of the justice system in India. However, they face numerous threats and challenges in the course of their professional duties. The Advocate Protection Bill, 2021, is a proposed legislation aimed at safeguarding the rights and interests of lawyers in the country. The need for the Advocate Protection Bill, 2021 arises from the increasing incidents of violence and harassment against lawyers. In recent years, there have been several cases of lawyers being attacked, threatened or intimidated for performing their professional duties. The proposed law recognizes the vital role that lawyers play in upholding the rule of law and aims to ensure that they can perform their duties without fear or hindrance.

II. SOME OF THE KEY PROVISIONS CONTAINED IN THE ADVOCATE PROTECTION BILL 2021 ARE AS FOLLOWS:

1. Definition of Advocates: The bill defines advocates as those who are enrolled with any State Bar Council or the Bar Council of India under the Advocates Act, 1961.
2. Protection from Violence: The bill provides protection to advocates from acts of violence, including assault, intimidation, or any other form of physical harm, whether committed by an individual or a group of people.
3. Protection from Harassment: The bill also provides protection to advocates from harassment, including verbal abuse, threats, and intimidation.
4. Establishment of Advocates Protection Fund: The bill proposes the establishment of an Advocates Protection Fund to provide financial assistance to advocates who have suffered harm as a result of their professional duties.
5. Setting up of Advocates Protection Committees: The bill proposes the setting up of Advocates Protection Committees at the national, state, and district levels to address issues related to the safety and security of advocates.
6. Penalties for Offences: The bill proposes penalties for offences committed against advocates, including imprisonment for a term of up to three years and/or a fine of up to Rs. 50,000.
7. Time-bound Investigation and Trial: The bill provides for a time-bound investigation and trial of offences committed against advocates.
8. Punishment for False Complaints: The bill also proposes punishment for false complaints against advocates, which could result in imprisonment for a term of up to one year and/or a fine of up to Rs. 25,000.
9. Central and State Advocates Protection Cells: The bill proposes the establishment of Central and State Advocates Protection Cells to monitor the implementation of the provisions of the bill.
10. Protection from Retaliation: The bill provides protection to advocates from any form of retaliation by the State or its officials for performing their professional duties.
11. Legal Aid and Assistance: The bill proposes the provision of legal aid and assistance to advocates who are victims of violence or harassment.
12. Training and Awareness Programs: The bill proposes the organization of training and awareness programs for advocates, law enforcement agencies, and the general public on issues related to the safety and security of advocates.
13. Creation of an Advocates Registry: The bill proposes the creation of an Advocates Registry to maintain a record of all enrolled advocates in India.
14. Grievance Redressal Mechanism: The bill proposes the establishment of a grievance redressal mechanism to address complaints related to the safety and security of advocates.
15. Inclusion of Family Members: The bill provides for the inclusion of the family members of advocates in the definition of “advocate” for the purpose of providing them with protection.
16. Protection from Contempt: The bill proposes the protection of advocates from being held in contempt of court for performing their professional duties.
17. Protection of Advocate’s Property: The bill provides protection to advocates from damage or destruction of their property, including their chambers or offices.
18. Establishment of Advocate Welfare Fund: The bill proposes the establishment of an Advocate Welfare Fund to provide financial assistance to advocates in need.
19. Protection of Women Advocates: The bill provides special protection to women advocates against sexual harassment and other forms of gender-based violence.
20. Prohibition of Unlawful Activities: The bill prohibits any person or group from engaging in activities that threaten the safety and security of advocates or impede their professional duties.
21. Advocates Identity Cards: The bill proposes the issuance of identity cards to advocates, which can be used to establish their identity and professional status.
22. Promotion of Professionalism: The bill proposes the promotion of professionalism among advocates, including the enforcement of ethical standards and codes of conduct.
23. National and State Advocates Protection Councils: The bill proposes the establishment of National and State Advocates Protection Councils to oversee the implementation of the provisions of the bill.

III. CRITICISM AND CONCERNS:

While the Advocate Protection Bill, 2021 has been welcomed by many as a significant step towards ensuring the safety and security of lawyers in India, there are some concerns about the scope and implementation of the proposed law. One of the main concerns is that the bill does not provide for compensation or rehabilitation to lawyers who have been victims of violence or harassment. This is a significant gap in the proposed law, as it leaves lawyers who have suffered physical or emotional harm without any support or assistance. Another concern is that the proposed law does not address the issue of inadequate security arrangements in court complexes, which is a significant concern for lawyers. Many lawyers have reported incidents of violence and harassment in court premises, and there is a need to ensure that adequate security measures are in place to prevent such incidents from happening.

IV. CONCLUSION:

The Advocate Protection Bill, 2021 is a significant step towards ensuring the safety and security of lawyers in India. It recognizes the critical role that lawyers play in upholding the rule of law and aims to provide them with adequate protection and support to enable them to carry out their professional duties effectively. While there are concerns about the scope and implementation of the proposed law, it is a positive step towards ensuring the well-being of lawyers in the country. Overall, the Advocate Protection Bill 2021 aims to create a safer and more secure environment for advocates in India, and to provide them with the legal protection they need to carry out their professional duties without fear of violence or intimidation.

In summary, the Advocate Protection Bill 2021, seeks to provide comprehensive legal protection to advocates in India, covering various aspects such as physical safety, financial support, legal aid, and grievance redressal. By creating a framework that ensures the safety and security of advocates, the bill aims to promote the rule of law and protect the rights of citizens.