Safeguarding Advocates: The Imperative for an Advocate Protection Act

Advocates serve as the vital bridge between the legal system and the people by providing legal guidance, representing clients, and preparing legal documents. They are committed to upholding the rule of law and have a pivotal role in advancing social justice, safeguarding human rights, and ensuring that access to justice is available to all citizens. However, these professionals often encounter insurmountable obstacles in their endeavours and are sometimes grieved, like in the case of the infamous murder of Advocate Virendra Kumar in Delhi.

Increasing Threat towards Advocates

In recent years the need for protection of Advocates has been at an all-time high because of the extreme increase in the cases of killing, threatening and fear that lawyers are exposed to while discharging their professional duties thus making it hard for their clients to get the justice that they deserve. Additionally, it has come to attention that advocates frequently encounter threats from opposing parties while carrying out their duties in the administration of justice. This in turn has put a negative light on the Legal profession and has also led to widespread protests by Advocates.

Therefore, there is a necessity to offer social security and guarantee essential provisions for advocates, who are actively engaged in delivering professional services. Preserving the confidentiality of communication between lawyers and their clients is a fundamental principle of the legal profession. The Advocates Protection Bill, 2021 aims to comprehensively address the challenges faced by lawyers and implement measures to protect their rights.

Legal Provisions

On July 2, 2021, the Bar Council of India presented a draft of the Advocates Protection Bill to decrease the incidence of heinous crimes committed against lawyers, while also ensuring the physical and financial security of advocates. The Supreme Court has protected the interests of advocates in many cases, notably in the case of O.P Sharma V. High Court of Punjab and Haryana in 2011, the bench held that Advocates serve as officers of the court and are integral to the functioning of the justice system. Their support and expertise contribute significantly to the effective pursuit of justice and the protection of citizens' rights. 

The Advocates Protection Bill of 2021 has various essential provisions and defines who an Advocate is, it talks about the punishment for such offences and the compensation to be paid. The Bill also includes a provision for a speedy remedy of any registered case under this act. It also protects advocates from illegal arrest and malicious prosecution, with no police officer being able to arrest an advocate or investigate a case against an advocate without the express permission of the Chief Judicial Magistrate. The Bill also provides financial assistance to all the needy advocates of the country during times of any unforeseen situation for instance in the case of an epidemic or any other natural calamities and lastly, also ensures that all professional communication between the client and council remains protected.

Conclusion

The need for an Advocate Protection Act is at an all-time high due to the crimes against Advocates jobs in Delhi and to ensure the necessary protection for all the Lawyers practising in Indian Courts so that Justice is delivered to their clients without any coercion or undue influence. The passing of this bill will help in bringing the Indian Legislation on par with other developed countries. However, it is to be seen how effective the implementation of this bill will be in the coming future.