Bar opposes inclusion of lawyers under Consumer Protection Act

Tribune News Service

New Delhi, March 12

Anguished over the move to bring lawyers within the purview of the Consumer Protection Act, the Bar Council of India — which regulates the legal profession in the country — has threatened to launch a protest against it if, the proposal was not withdrawn.

“With utmost humility, we would like to inform your good self that in case our demand is disregarded, entire advocates’ fraternity of the country will be left with no option but to come on the roads with a massive agitation against the draconian proposal to bring advocates within the applicability of Consumer Protection Act,” the BCI said in a statement issued on behalf of over 20 lakh advocates of India.

In a letter to the Ministry of Consumer Affairs, Food and Public Distribution, the BCI requested that the proposal be withdrawn as it was a “judicially acknowledged fact” that advocates were not part of any trade, commerce or industry nor does their work fall within the ambit of the Service Tax Act. It was merely an activity in aid and assistance of the justice administration system, it added.

Bringing lawyers under the Consumer Protection Act will hamper their professional activities and encourage frivolous complaints which would undermine the legal profession and would also be demeaning for the advocates, the top bar body said.

The Advocates Act, 1961, is sufficient enough to safeguard interests of litigants and it has a proper mechanism in place to hold a lawyer guilty in case of any professional misconduct, it said.

“The Advocates Act, 1961, provides sufficient safeguard for litigants in case they have any complaint of misconduct against advocates and an effective mechanism is provided in Section 35 of the Advocates Act to take action against an advocate if found guilty of any misconduct. Thus, with an already existing and effective remedy available for aggrieved clients and others to proceed against advocates found indulging in acts that are harmful and damaging to the interest of litigants, there is no requirement of making the Consumer Protection Act applicable to advocates,” the BCI said.

“An advocate found involved in an act of misconduct may even be suspended or even removed from the roll of advocates. State Bar Councils and Bar Council of India have taken action against erring advocates in the past and even at present many advocates are facing action for indulging in acts that are unbecoming of the legal profession,” it stated.

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