The profession of lawyers plays a pivotal role in the administration of justice, the defense of human rights, democracy, and the rule of law. However, incidents of assault, criminal force, intimidation, and threats against advocates while they discharge their professional duties have reached alarming heights. This has also resulted in law and order situations and deficiencies in rendering professional services by advocates to their clients.
In order to protect advocates from the aforementioned assaults, criminal force, intimidation, and threats, it was necessary to enact legislation to safeguard advocates while discharging their professional duties. In this regard, the Lawyers Welfare and Protection Act, 2023 has been enacted, wherein a mechanism has been devised to ensure that advocates can render professional services without fear or external influence for the ultimate cause of the administration of justice and the rule of law.
This law is also in consonance with various UN General Assembly Resolutions and in line with the Eighth United Nations Congress held in September 1990 at Havana, Cuba, where it adopted the “Basic Principles on the Role of Lawyers.” These principles provide that governments should ensure that lawyers can perform all of their professional functions without intimidation, hindrance, harassment, or improper interference, and where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.