On Thursday, the Karnataka Legislative Assembly successfully approved the Karnataka Prohibition of Violence Against Advocates Bill, 2023. Karnataka's Law and Parliamentary Affairs Minister, HK Patil, introduced the bill on December 11, 2023.
The statement of object and reasons for the bill underscore the vulnerability of advocates to malicious and baseless prosecution by opposing parties while fulfilling their responsibilities. Such interference obstructs their duties and undermines the administration of justice itself.
Further, the statement emphasizes that during the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in Havana, Cuba, India, as a participant, endorsed the "Basic Principles on the Role of Lawyers.
Clauses 16 and 17 of the declaration deal with guarantees for the functioning of lawyers:
“16. Governments shall ensure the lawyers,-
(a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference;
(b) are able to travel and to consult with their clients freely both within their own country and abroad; and
(c) 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.
17. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.”
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