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NEW DELHI: A committee constituted by the Bar Council of India has drafted the "The Advocates (Protection) Bill, 2021."
A seven-member committee had been constituted to frame the bill keeping in mind the problem and adversities faced by advocates and their families.
The main reasons for the bill are stated to be the protection of advocates and to remove obstructions in the discharge of their duties. There are various reasons mentioned in the bill that cause obstruction in the performance of duties.
Protection Against Suits
No suit is to be instituted against a lawyer who has been working in good faith. Communications between the advocates and their clients must be respected; confidentiality must be protected.
The Bill came up also to implement the 8th United Nations Congress on Prevention of Crime and Treatment of Offenders (1990) to which India was a party. It was in this congress that the 'Basic Principles on Role of Lawyers' was also adopted. In this declaration, there are clauses that guarantee the functioning of lawyers. It sought to make sure that Governments protect lawyers and they are able to perform their duties.
The recent high rise in incidents of assault, kidnappings, intimidations, and regular threats caused to advocates is a major reason. Where the security of lawyers is threatened as a result of their duty, they shall be adequately safeguarded by the authorities. To protect advocates, such an act is necessary. It also states to ensure social security and the minimum necessity for life for advocates.
Social Security
Another huge provision made in the act is that of Social Security. The act proposes that the State and Central government have to make provisions to provide financial assistance to all needy Advocates of the country in unforeseen situations such as natural disasters or epidemics. A minimum of Rs.15,000 every month shall be provided.
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