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Indian bar must represent Delhi gang rape defendants, says Bar Council

I am a dual qualified barrister in India and England and cannot say how far removed this article is from reality. The present reaction of the Delhi Bar was the initial reaction of the Mumbai Bar when Ajmal Kasab, the terrorist from the 26/11 Mumbai attacks who was recently hanged, needed representation. The Court assigned a public prosecutor to him who regrettably took up the role, but represented him as honestly as he could. Likewise, the accused in the Delhi rape case will ultimately find representation. It is not at all the fear of dire consequences that would keep the advocates away. Indeed the Indian Bar are known to be fearless. The reason for not wanting to represent the accused in this matter is straightforward - the guilt of representing persons against another whom one believes to be innocent. It is a detestable feeling to have to represent accused whom one would like to believe have committed an inhumane crimes. Another point in relation to the alleged threats is that the accused are generally those with political clout and those representing the victim are likely to be threatened. Not the other way around as this article has portrayed. As for the reaction in relation to UK barristers representing the accused, it is, in my opinion, a fairly self-centred statement given the circumstances. It is well known that the lawyers in England are attempting to get as much legal work they can from India and are hoping to gain representation rights in India, but it is not about business development for once. It is about the outrage at the brutality of the act (and the fight to change the mindset in India). It is about a country which is speaking out against its own and has the right to do so without being mis-judged by those who are resident abroad. While I agree that both sides must be represented for a fair trial, I do not believe the credibility of an entire system can be shaken only because the Delhi Bar are being human in joining the rest of the country in their abhoring this act. Lastly, I have confidence that the accused will ultimately get representation. It is only a matter of time before the court requests a lawyer to put aside his / her personal feelings of outrage to represent the accused.

7-Jan-2013

7:17 pm