The alleged sexual assault of an 11-year-old child in Chennai at the hands of several men over months has shocked the city, if not the country. Police arrested 17 men for their alleged involvement in the crime. When these men were produced in court, they were physically assaulted by some advocates. Further, an association of high court advocates stated that its members would not represent the accused. The association is reported as saying that it would oppose any provision of legal aid to the accused.
Sexual violence is a horrific crime. When perpetrated against children, it fills society with fear, horror, anger and helplessness. The legal fraternity no doubt shares these feelings, its members being products of the larger society. However, what ought to set them apart from laypersons is a commitment to upholding the law and respecting the Constitution. Several courts, including the Supreme Court, have reiterated the right of accused to legal representation.
The SC has even pulled up lawyers’ associations for passing resolutions against representing certain offenders. This right arises from Article 21 of the Constitution that says, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” The system of justice is not weakened but rather strengthened when the accused are ably defended and the prosecution’s case is properly tested and proved beyond reasonable doubt.
This is more important in cases where punishment includes life sentence or death penalty. The accused’s right to legal representation is also important when it comes to ensuring justice for the victim as lack of a proper defence may lead to a conviction being set aside by a higher court on appeal.
The advocates of Chennai are not the first to issue such a statement with regard to heinous crimes. However, it is essential that those who are essential components of the justice system ensure they live up to the tenets of the law even if to do so may involve the setting aside of their personal feelings of horror and anger.