Delhi High Court Pushes for Swift Enactment of Advocates Protection Bill, 2024
In a decisive move addressing growing concerns about the safety of lawyers, the Delhi High Court has directed the Delhi Government to fast-track the Advocates Protection Bill, 2024. The direction comes in response to a petition filed by lawyers Deepa Joseph and Alpha Phiris Dayal, who raised alarm over increasing incidents of violence against legal professionals—most notably, the tragic murder of Advocate Virender Kumar in April 2023.
The petition highlighted a worrying pattern of attacks on advocates within court premises, creating a climate of fear, particularly among young and first-generation lawyers. It urged the state to take legislative steps to ensure the safety and security of the legal community, whose work is central to the administration of justice.
Status of the Bill
The Delhi Government, in its response, submitted that the Law Department has finalized the draft of the Advocates Protection Bill, 2024. However, the draft is still pending consideration before the Council of Ministers, as its approval falls under policy-making.
The Coordination Committee of All District Courts Bar Associations of Delhi, an important stakeholder, informed the Court that it had not received a copy of the draft bill and was thus unable to contribute its feedback. Recognizing the need for inclusive consultation, the High Court directed the government to share the draft with the Coordination Committee and take their suggestions into account before finalizing the bill.
Constitutional Concerns
The petitioners argued that the lack of protective legislation violates their fundamental rights under:
- Article 19(1)(g) – the right to practice a profession, and
- Article 21 – the right to life and personal liberty.
They stressed that the fear of physical harm while performing court duties not only endangers lawyers but also undermines the broader legal system. The petition cited the Rajasthan Advocates Protection Act as a model law Delhi could replicate to safeguard its legal fraternity.
Court’s Directions and Implications
The High Court’s intervention emphasizes the urgent need for a statutory framework that ensures lawyers can work without the threat of violence or intimidation. By mandating that the draft bill be shared with the Coordination Committee and urging prompt legislative action, the Court seeks to foster a collaborative and transparent law-making process.
Such protections, the Court observed, are essential not just for the welfare of legal professionals but also to uphold public confidence in the legal system. When lawyers are safe, the integrity of the justice delivery process is preserved.
In Summary:
The Delhi High Court’s push for the swift enactment of the Advocates Protection Bill, 2024, is a timely and critical intervention. It not only affirms the State’s responsibility to protect its legal community but also paves the way for more inclusive and responsive governance. If enacted, the law will serve as a milestone for advocate safety and a model for other states to follow in reinforcing the rule of law.
