The State Bar Council of Punjab & Haryana has called on the state governments to enact laws protecting lawyers from violence and false accusations.
In a press conference held in Chandigarh on Tuesday, the council stated that it had drafted the Punjab Advocates (Protection) Bill, 2023 and the Haryana Advocates (Protection) Bill, 2023, which it will send to the respective state governments. If these bills are not converted into laws, lawyers from Punjab, Haryana, and Chandigarh will conduct a mass agitation without suspending any judicial work.
The council has made a “serious recommendation” for an instrument to ensure respect, protection, and promotion of lawyers’ freedom to work.The State Bar Council of Punjab & Haryana has highlighted cases where attacks on advocates have impeded the public’s ability to receive proper legal representation, thus jeopardizing the rule of law. The council specifically mentioned the recent incident in Jodhpur, Rajasthan, where a advocates was stabbed in broad daylight. Following this incident, the Rajasthan legislative assembly passed the Rajasthan Advocates Protection Bill, 2023.
The bar council emphasized the need for an instrument that can ensure respect, protection, and promote the freedom of advocates to work independently without fear of intimidation, hindrance, harassment, interference, or reprisal from state actors or anti-social elements.
As per the council’s office-bearers, assaults on advocates and instances of baseless accusations against legal practitioners have risen.According to a report released in 2022, over 2,500 lawyers were either killed, detained, or kidnapped globally between 2010 and 2020. The role of advocates is to fearlessly and independently defend the rights of their clients, and it is the responsibility of the state to safeguard their autonomy and safety, ensuring that they are not subjected to any form of intimidation, obstruction, harassment, interference, or retaliation from either state actors or non-state actors
The State Bar Council of Punjab and Haryana oversees and advocates for the interests of 150,000 lawyers practicing in the two states as well as in Chandigarh.The council has called for an urgent need to protect advocates, who are essential for upholding the rule of law and ensuring access to justice for all. The proposed bills aim to provide protection to lawyers from violence, harassment, and false accusations, and ensure their right to practice law freely and without fear.
The proposed bills will also establish a mechanism for the registration and regulation of advocates, including disciplinary proceedings against those who violate the code of conduct. They will also provide for the creation of a welfare fund for the benefit of lawyers, including medical and life insurance, and financial assistance for education of their children.
The proposed bills have been welcomed by the legal fraternity, with lawyers stating that they are long overdue. They have also urged the state governments to take swift action to pass these bills into laws, as attacks on lawyers have become a common occurrence in recent times.
Lawyers have also pointed out that the proposed bills will not only protect lawyers but will also benefit litigants by ensuring that they have access to competent and independent legal representation. They have also highlighted the importance of ensuring that advocates are able to practice law freely and without fear, as this is essential for upholding the rule of law and ensuring justice for all.
The proposed Punjab Advocates (Protection) Bill, 2023 and the Haryana Advocates (Protection) Bill, 2023 aim to provide much-needed protection to lawyers in Punjab, Haryana, and Chandigarh. Lawyers are essential for upholding the rule of law and ensuring access to justice for all, and it is imperative that they are protected from violence, harassment, and false accusations. The legal fraternity has urged the state governments to take swift action to pass these bills into laws, to ensure the safety and well-being of lawyers and to uphold the principles of justice and the rule of law.
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