This Article is written by Riya Mali, Vivekanand Education Society’s College of Law, an intern under Legal Vidhiya
ABSTRACT
Advocates form the backbone of the justice delivery system by representing clients, ensuring fair hearings, and safeguarding constitutional rights. Their role is not limited to the courtroom but extends to promoting justice, equality, and the rule of law. Despite their importance, many advocates in India continue to face challenges such as harassment, intimidation, false complaints, and even arbitrary disciplinary proceedings. These issues often undermine their independence and discourage them from performing their professional duties fearlessly.
To address such concerns and to create a uniform framework for the legal profession, the Parliament enacted the Advocates Act, 1961. The Act consolidated various regional laws governing advocates and established a single class of legal practitioners with the right to practice across India. It also set up the Bar Council of India (BCI) and State Bar Councils, which not only regulate the profession but also aim to protect the rights, dignity, and privileges of advocates. Judicial pronouncements, such as Ex-Capt. Harish Uppal v. Union of India, and provisions under the Contempt of Courts Act further reinforce the independence of lawyers.
KEYWORDS
Advocate, Protection, Unfair Practices, Bar Council, Legal Profession, Discipline, Rights, Safety
INTRODUCTION
Advocates are known as officers of the court and act as a bridge between the common people and the judiciary. Their role is not limited to just arguing cases but also includes helping people understand the law and defending the rule of law. But often, in doing their duty, they face problems like threats from powerful people, false First Information Reports (FIRs), or even physical violence. The Advocates Act, 1961 was made to create a single law for the legal profession in India and to give advocates certain protections and rights. However, due to increasing incidents of attacks on lawyers or misuse of power against them, there is a growing need to revisit and strengthen these protections.
HISTORY AND NEED FOR THE ADVOCTES ACT
Before 1961, different states in India had their own laws for advocates, which created confusion and inequality in the profession. The need for one uniform law was felt, and that’s when the Advocates Act, 1961 came into existence. It aimed to: Establish a uniform legal system across India. Create the Bar Council of India and State Bar Councils. Set standards for professional conduct. Provide disciplinary control in the hands of lawyers themselves. As the legal profession developed, lawyers started facing threats for taking up sensitive cases like those involving human rights, whistle-blowers, or political leaders. In such cases, the independence of advocates became even more important, and the demand for legal protection became stronger.
PROTECTIONS UNDER THE ADVOCATES ACT, 1961
The Act includes several protections and rights for advocates:
1.Right to Practice (Section 30) Advocates have the right to practice law in any court in India, including the Supreme Court, High Courts, district courts, and tribunals.
2. Disciplinary Protection Only the Bar Councils can take disciplinary action against advocates. This avoids misuse of police power or political pressure.
3. Bar Council Powers (Section 35) If an advocate is wrongly suspended or harassed, the Bar Council can intervene and take necessary steps.
4. Right to a Fair Hearing Advocates cannot be punished without a proper inquiry and a chance to be heard.
5. Self-Regulation The legal profession in India is largely self-regulated, meaning that lawyers are judged by their peers, not by outsiders like police or administrative officers.
CHALLENGES ADVOCATES FACE EVEN TODAY
Even though these legal protections exist, many advocates still face difficulties in their daily work. Some of the common issues include:
Threats and Physical Attacks: Lawyers dealing with criminal, human rights, or political cases often face threats or violence.
False Complaints and FIRs: Sometimes, FIRs are filed to pressurize lawyers or stop them from taking certain cases.
No Law for Physical Safety: There is no specific law in India that protects advocates from being attacked while performing their duty.
Delayed Bar Council Action: When lawyers are harassed or attacked, Bar Councils sometimes take too long to respond.
Gender and Caste Discrimination: Female advocates or those from marginalized backgrounds sometimes face unfair treatment even within the profession.
JUDICIAL SUPPORT FOR ADVOCATES’ RIGHTS
Courts in India have often come forward to protect the rights and dignity of advocates. Some important cases include:
O.P. Sharma v. High Court of Punjab & Haryana (2011) AIR 2011 SC 2565 The Supreme Court held that lawyers cannot be punished arbitrarily and must be given a fair opportunity to defend themselves.
Ajayinder Sangwan v. Bar Council of Delhi (2021) SCC Online Del 3479 The Delhi High Court emphasized that Bar Councils must act quickly when an advocate faces a threat or harassment.
V. Sudeer v. Bar Council of India (1999) 3 SCC 176 The court reinforced the importance of maintaining the dignity of advocates and said the profession must remain independent and respected.
OTHER ARTICLES AND RESEARCH SUPPORTING ADVOCATE PROTECTION
Several legal writers and researchers have discussed the need for better protection of lawyers:
R. Sharma (2022), Indian Law Journal The article highlights increasing attacks on advocates and suggests that India must adopt a separate Advocate Protection Law like some other countries.
P. Bhatia (2023), Legal Mirror This paper discusses how police misuse powers to file false cases against advocates and argues for speedy redressal mechanisms.
Rao & Iyer (2021), Journal of Indian Legal Studies Their study found that nearly 40% of young advocates in metros feel unsafe when dealing with politically sensitive matters.
Singh, K. (2020), “The Vulnerability of the Legal Profession” – NLUJ Review Emphasizes the psychological stress and workload lawyers face without much institutional support.
COMPARISON WITH OTHER COUNTRIES
In some countries, lawyers are protected under special laws:
Pakistan passed the “Protection of Lawyers Act” in 2021 after a series of attacks.
Philippines has a Lawyer’s Charter that includes penalties for threatening or attacking lawyers.
In South Africa, any interference with a lawyer’s professional work is treated as contempt of court.
India, being the world’s largest democracy, still lacks a similar comprehensive law focused only on the protection of lawyers.
SUGGESTIONS FOR IMPROVEMENT
To ensure better safety and independence for advocates, the following steps are suggested:
1. Pass a Dedicated Law for Advocate Protection A separate “Advocate Protection Bill” should be passed which clearly defines punishments for attacking or harassing lawyers.
2. Fast Complaint Mechanism Bar Councils should act quickly and set up 24/7 helplines for advocates facing threats.
3. Police Protection When Required Immediate police protection should be provided to advocates who report threats or assaults.
4. Awareness Campaigns Many advocates, especially new ones, are not aware of their rights. Legal literacy among lawyers should be improved.
5. Mental Health and Welfare Support Support systems like counseling, health insurance, and financial aid should be provided to struggling lawyers.
CONCLUSION
Lawyers are an indispensable pillar of the justice system, acting not merely as representatives of their clients but also as defenders of fundamental rights and liberties guaranteed under the Constitution. Their ability to argue cases fearlessly, uphold justice, and challenge arbitrary actions of the State ensures that the democratic framework remains intact. Therefore, safeguarding the dignity and independence of advocates is not just about protecting a professional community—it is about strengthening the very foundation of justice and preserving public confidence in the judiciary.
The Advocates Act, 1961 was a landmark step in standardizing the legal profession in India. It consolidated various fragmented laws, created a unified class of legal practitioners, and established institutional mechanisms like the Bar Council of India and State Bar Councils to regulate and protect advocates. While these provisions were designed to balance discipline with professional freedom, the present realities reflect that advocates continue to face serious threats. Rising incidents of physical attacks, harassment, intimidation, false complaints, and undue interference in their professional duties highlight gaps that the existing legal framework fails to adequately address.
This pressing situation calls for urgent reforms. The introduction of a separate legislation specifically aimed at the protection of advocates is a necessity rather than a luxury. Such a law could provide safeguards against violence, ensure quick investigation and prosecution of offenders, and lay down deterrent punishments for those who obstruct the professional duties of lawyers. Additionally, swift and sensitive action by law enforcement agencies in cases involving threats or attacks on advocates would reassure the legal fraternity that their concerns are taken seriously. Equally important are support mechanisms, such as dedicated helplines, welfare schemes, insurance coverage, and mental health assistance, which would help lawyers cope with the increasing pressures of the profession.
In conclusion, protecting lawyers is not only in the interest of the legal community but also vital for upholding democracy, rule of law, and access to justice. By enacting stronger legal protections and implementing practical support systems, India can ensure that its advocates continue to serve society with dignity, safety, and independence—values that ultimately safeguard justice for every citizen.
REFERENCES
- The Advocates Act, 1961, No. 25, Acts of Parliament, 1961 (India).
- Bar Council of India Rules, 1975, Part VI, ch. II (Standards of Professional Conduct and Etiquette).
- O.P. Sharma v. High Court of Punjab & Haryana, AIR 2011 SC 2565 (India).
- Ajayinder Sangwan v. Bar Council of Delhi, (2021) SCC Online Del 3479 (India).
- V. Sudeer v. Bar Council of India, (1999) 3 SCC 176 (India).
- R. Sharma, Protection of Advocates in India, Indian L.J., (2022).
- P. Bhatia, Rights of Lawyers under Indian Law, Legal Mirror, (2023).
- Rao & Iyer, Bar and the Bench: A Study of Legal Profession, J. Indian Legal Stud. (2021).
- K. Singh, The Vulnerability of the Legal Profession, NLUJ Rev. (2020).
- The Protection of Lawyers Act, No. 6 of 2021 (Pak.).
- Philippines Lawyer’s Charter, R. A. No. 9995 (Phil.).
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