Kerala Bar Association Pushes for New Protection Bill for Lawyers and Their Families

The Kerala High Court Advocates Association (KHCAA) has quietly floated a draft piece of legislation that could change the safety landscape for lawyers across the state. Dubbed the Keralam Advocates Protection Bill, 2021, the proposal seeks to make any assault, intimidation or threat against a practising advocate – or their immediate family members and office staff – a serious criminal offence.

Under the draft, anyone convicted of such an act could face up to five years behind bars and a monetary penalty of ₹1 lakh. On top of that, the court would be empowered to order compensation for victims, the amount of which would be set by the presiding judge.

One of the more striking features is the bill’s classification of these offences as non‑bailable. In practice, that means a suspect would stay in custody until a court decides otherwise – a clear signal that the lawmakers intend to treat attacks on the legal fraternity with the gravity they deserve.

If an advocate, a family member or a staffer feels threatened, the draft obliges them to lodge a First Information Report (FIR) straight away. That FIR must then be taken up by a police officer of at least the rank of Superintendent, ensuring the matter gets the senior‑level attention it warrants. Moreover, the bill calls for immediate police protection for any lawyer who reports a threat, covering both personal safety and property.

The impetus for this move, while long‑awaited by the bar, was sharpened by a tragic incident in Kochi. An advocate’s father was killed in what appears to have been a retaliatory attack after the lawyer took up a case involving a disputed marriage. That death sent shockwaves through the legal community and pushed the draft into the fast‑track lane.

Procedurally, the bill insists on swift justice: investigations must be wrapped up within 90 days of the FIR’s registration. Interestingly, the draft also makes every offence “compoundable” with the victim’s consent, subject to the court’s approval – a nuance that could allow for private settlements while still preserving the option of criminal prosecution.

The KHCAA has already circulated the draft to all state‑wide lawyers’ associations, inviting feedback before it heads to the legislature. If adopted, it would mark the first time Kerala has a dedicated statute protecting legal practitioners, their families and the people who keep their offices running.

Whether the bill will sail through the legislative process remains to be seen, but the conversation it has sparked underscores a growing recognition: that the rule of law depends not just on statutes, but on the safety of those who uphold them.