What are the key provisions of the new Karnataka Bill to protect lawyers from violence?
The Legislative Assembly on Monday tabled the Karnataka Prohibition of Violence Against Advocates Bill, 2023 in the wake of a recent attack on a young lawyer in Chikkamagaluru.
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Though the Bill was tabled in the House during the final session of the previous BJP government, it was not passed. (File photo)In February 2021, an advocate was hacked to death at Hospet Court in Karnataka’s Ballari district, sparking condemnation from the legal fraternity over such attacks on lawyers. Protests that sprung up in the wake of the incident demanded that the government enact legislation for the protection of advocates in the state.
Another attack on a young lawyer in Chikkamagaluru recently has now proved to be the catalyst for the Karnataka Prohibition of Violence Against Advocates Bill, 2023, which was tabled in the Legislative Assembly Monday. Though the Bill was tabled in the House during the final session of the previous BJP government, it was not passed.
What is the objective of the Bill?
The Bill is derived from the declaration made during the Eighth United Nations (UN) Congress on the Prevention of Crime and the Treatment of Offenders held in 1990. India, which was a participant, adopted the ‘Basic Principles on the Role of Lawyers’, which had several clauses for the protection of the lawyers.
What clauses are for the protection of lawyers?
The Karnataka Bill refers to Clauses 16 and 17 of the UN declaration. Clause 16 directs governments to ensure that lawyers “are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference”, “are able to travel and to consult with their clients freely both within their own country and abroad”, and “shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.”
Clause 17 is to adequately safeguard lawyers when their security is threatened as a result of discharging their functions.
How is ‘violence’ defined in the Bill?
‘Violence’ is defined as any activity “which would endanger the life of an Advocate or cause bodily harm or criminal intimidation so as to obstruct him from discharge of his duty” with respect to a pending litigation or case.
The Bill also explains that any lawful restraints by law enforcement agencies would not amount to violence.
What is the punishment for offences?
Those committing an offence shall be punished with imprisonment between six months and three years, or with a fine which may go up to Rs 1 lakh, or both.
What are the other provisions of the Bill?
Whenever an advocate is arrested by the police in connection with a cognizable offence, the police should inform the Advocates’ Association – of which that particular advocate is a member – within 24 hours.
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