Tamil Nadu advocates are on the warpath against the draconian undemocratic amendments to the rule 34(1) of the Advocates’ Act 1961, which empowers High court and District judges the powers to debar advocates from practicing in any court without even an enquiry. Already about 50 advocates have been suspended by the Bar Council of India on various charges for fighting against corruption in the Judiciary and for demanding that Tamil be made the official language of the Madras High Court. Contempt proceedings were also initiated against some of the advocates leading the struggle. These draconian amendments to the Advocates’ Act have come as the latest in the series of attempts to curb the democratic voices of dissent.
In spite of the repeated attacks on advocates (Ex-President of the Madurai bench of the High Court Advocates Association was even jailed in a contempt case), the Democratic Advocates Association (DAA) took the initiative and organized a one-day fasting programme in Chennai. CPI(ML) central committee member Com. Balasundaram addressed the advocates on this occassion. DAA also organized a Convention at the Bar Council, which Senior counsels of Madras High court Ms. R. Vaigai, Mr. Vijayakumar and Com. Kumarasamy (also Politburo member of CPI(ML)) addressed along with retired High Court Judge Justice Hari Paranthaman.
CPI(ML) and DAA have been campaigning against the draconian amendments to the Advocates’ Act, demanding its total withdrawal, participating in several state-level meetings of Bar associations on this issue. Protests have also been independently organized defying orders and rules. CPI(ML) and DAA published a pamphlet which was well received by advocates. CPI(ML) took the initiative at the earliest to organize demonstrations in support of the cause of the advocates throughout the state. Programmes at the Madras High court involving various streams of progressive and democratic forces have been organised, which was instrumental in galvanising successful protest actions. A day-long fast at Chennai was also organised in which state leaders of CPI, CPI(M) and Viduthalai Chiruthaigal Katchi took part.
Com. Bharathi, state organizer of DAA, was part of the team that met with the Chief Justice of Tamil Nadu on this issue. The matter could not be resolved at this meeting, and so protests continued. A day-long fasting programme was organized at various district headquarters on 24 June 2016. A ‘Rail Roko’ was organized on 28 June 2016, in which thousands of advocates courted arrest. Advocates and CPI(ML) state committee members Bharathi, Ramesh and Desikan courted arrest at Chennai, Tirunelveli and Trichy respectively. Copies of the amendments were burnt on 1 July 2016. A state-level conference of advocates was held at Tiruppur on 3 July 2016, in which eminent retired Judges of the Supreme Court and the Madras High Court participated. A continuous sit–in inside the court complexes was also organized, starting from 4 July 2016 onwards.
Meanwhile advocates are on total boycott of the courts throughout Tamil Nadu. Seeing the mood of the advocates, a 5-member High Court Judges’ committee has now been formed to prescribe further amendments in the Advocates Act. But Tamil Nadu advocates are determined to get all the undemocratic provisions completely withdrawn.
