Kerala Advocates Demand Lawyers Protection Act After Attack on Lawyers' Parents
KHCAA has formed a committee to push for early passage of a proposed law aimed at ensuring the safety and independence of lawyers in Kerala.
KHCAA Calls for Early Enactment of Lawyers Protection Act
The Kerala High Court Advocates Association (KHCAA) unanimously decided on August 14 to initiate steps for the early enactment of a Lawyers Protection Act in Kerala.
The decision followed reports of an assault on the aged parents of two advocates by an allegedly angry litigant. According to the reported circumstances, the litigant accused the lawyers of appearing against him in a proceeding initiated by his wife.
Reports stated that the accused allegedly entered the private apartment of the lawyers' elderly parents after he was unable to meet the advocates themselves.
The KHCAA convened an Urgent General Body Meeting at 1:05 PM on August 14 to discuss the reported attack and adopt resolutions relating to the safety and professional independence of lawyers and their families.
Association Plans Statewide Coordination With Bar Associations
Among the resolutions adopted at the meeting was a decision that the association would work towards securing the enactment of the proposed Lawyers Protection Act at the earliest.
For this purpose, the KHCAA decided to call a joint meeting of the presidents and secretaries of Bar Associations across Kerala. The proposed coordination is expected to bring different lawyers' bodies together on the issue of professional security and protection from threats or retaliation.
The Executive Committee of the KHCAA was also authorised to constitute a five-member committee for the purpose.
Role of the Proposed Five-Member Committee
The committee will assist in preparing and drafting the proposed law concerning the protection of advocates.
It will also engage with the Kerala Government and other relevant authorities regarding enactment of the legislation and coordinate with Bar Associations across the state.
KHCAA Condemns Attack on Lawyers' Elderly Parents
Describing the attack on the elderly couple as a serious and disturbing incident, the KHCAA condemned the alleged assault and assured full support to the lawyers and their family.
The association also emphasised the need to create an atmosphere in which advocates can perform their professional duties without fear of intimidation, threats or retaliation from litigants or other persons.
What Reportedly Happened at the Lawyers' Parents' House?
The incident reportedly took place at Palakkara in Ernakulam on the evening of August 13 at the residence of the elderly parents of the two advocates.
Two men reportedly entered the house and asked for the lawyers.
One of the men's wife had reportedly initiated proceedings against him and had obtained police protection along with a restraining order from a court.
The men allegedly threatened to kill the advocates while carrying knives.
When the lawyers' mother asked them to leave, the elderly father was allegedly dragged outside, assaulted and pushed to the ground.
The attackers allegedly attempted to slit his throat and stabbed him multiple times in the torso.
The injured father was rushed to a nearby hospital and was reported to be in critical condition. The lawyers' mother also reportedly received treatment and submitted a complaint regarding the incident.
Police Register FIR Under Bharatiya Nyaya Sanhita
The Ernakulam Rural Police through Njarakkal Police Station registered an FIR against the two accused persons under various provisions of the Bharatiya Nyaya Sanhita, 2023.
BNS Provisions Mentioned in the FIR
Attempt to murder.
Voluntarily causing hurt by dangerous weapons or means.
Aggravated form of criminal intimidation.
House trespass after preparation for assault, hurt or wrongful restraint.
Acts done by several persons in furtherance of a common intention.
Lawyers' Safety Becomes Central Issue After Incident
The incident has placed renewed focus on the risks advocates and their family members may face when professional representation becomes the basis for personal hostility or retaliation.
The resolutions adopted by the KHCAA indicate that the association intends to pursue the issue collectively with other Bar Associations and engage with government authorities regarding a statutory framework for the protection of advocates.
The proposed initiative is also aimed at reinforcing the principle that a lawyer's professional representation of a client should not expose the advocate or the advocate's family to intimidation, violence or threats.
