Forum proposes draft Bill seeking protection for advocates, their kin, staff in Keralam

A draft Bill is being mooted by the Kerala High Court Advocates Association (KHCAA) to protect advocates and their family members or staff from assault, criminal force, intimidation and threats while discharging their professional duties.

The Keralam Advocates Protection Bill, 2021, proposes a punishment of imprisonment up to five years and a fine of ₹1 lakh. The Bill also states that a person convicted of committing an act of violence against advocates, their family or staff members will be liable to pay compensation as determined by the jurisdictional court.

An act of violence committed under the Bill would be treated as a non-bailable offence. Advocates, their family members, or staff members should immediately register a first information report (FIR), to be investigated by a police officer no less than a Superintendent of Police. Any advocate under threat of being a victim should be provided with necessary police protection for their life and property, it has been proposed.

Immediate trigger

Though lawyers have been demanding a legislation for their protection for a long time, the recent death of an advocate’s father, reportedly in an attack against the advocate for wanting to represent the estranged wife of one of the accused in a matrimonial dispute case in Kochi, served as the immediate trigger for the draft legislation.

The draft Bill, which was sent to all the advocates’ associations in the State, has proposed that the investigation in the cases shall be completed within 90 days of registration of the FIR. Every offence punishable under the Act shall be a compoundable one by the aggrieved person with the court’s permission. The court shall take into account damage or loss caused to the property of any advocate or their family members or staff while granting permission for compounding the offence, it has been proposed.

Any repeated offence by a person convicted under the Act shall attract a jail term up to 10 years and a fine not less than ₹2 lakh.

Any malicious prosecution initiated against an advocate shall be treated as an offence of prohibited act under the Act and the court concerned shall forward the matter to the police for registration of an FIR, it has suggested.

The KHCAA would convene a meeting next week to finalise the draft and forward it to the State government, sources said.