Are Delhi lawyers jeopardising justice?

The Lawyers Association's refusal to defend the men accused of the Delhi gang rape might be one step too far.

The recent shocking case of the rape and murder of a young medical student in India has sparked widespread debate about the country’s treatment of women. But it also raises questions over the ethics of their legal code: Recent reports have revealed that the 2500 members of the Lawyers Association in the district of Saket have actively refused to represent the six men accused of the crime in light of the public outcry it has caused worldwide.

Perhaps this is unsurprising, given that passions are inflamed to the degree that protestors have called for the death penalty. But what are the repercussions this legal protest might have for justice in India?

In the UK, barristers are regulated by the Bar Standards Board, which sets out that:

 A barrister who supplies advocacy services must not withhold those services on the ground that the nature of the case is objectionable to him or to any section of the public.

The regulations go on to state that a barrister must comply with the "Cab-rank rule," which means that they must accept any instructions from a field in which they profess to practice. India’s regulations are, interestingly, not too dissimilar. The Bar Council of India’s (BCI) states that an advocate "is bound to accept any brief".

This rule is qualified by an addition that says that “special circumstances may justify his refusal to accept a particular brief”. But what constitutes special enough circumstances to jeopardise justice? The right to a fair trial falls under Article 10 of the Universal Declaration of Human Rights; if it’s deemed important enough to feature there then its merit can’t be just be dismissed.

AFP reported  that one member of the Saket District Bar Council, Sanjay Kumar, spoke on behalf of the lawyers:

"We have decided that no lawyer will stand up to defend them. It would be immoral to defend the case".

He goes on to say that the advocates have taken the decision to "stay away" from the case in order to guarantee "speedy justice". This seems outrageous: justice should be just. It should be allowed to take its course naturally, without intervening factors that might artificially achieve it.

One lawyer who has come forward to represent two of the accused, Manohar Lal Sharma, has been insistent that his clients should have access to a fair trial. Sadly this lawyer is acting with a different set of warped motivations. He declared that "I have not seen a single incident or example of rape with a respected lady", placing the blame for her death “wholly” on the victim. Sharma not only personifies the serious issues India has with its perception of women, but also displays a clear misunderstanding amongst its lawyers.

Advocates involved in this case have openly passed judgement on the accused: the Saket District Lawyers’ Association made an assumption of guilt, while Manohar Lal Sharma deemed the men innocent, and is therefore willing to defend them. What is unfortunately forgotten amongst all this is that it isn’t a lawyer’s job to make judgement - that is up to the judge and jury.

If recent reports that the accused are being tortured in order to force a guilty plea are true, then a fair trial is even more imperative for the sake of justice. This in no way suggests that the accused should be emancipated without trial, or that they have not likely done wrong, but it is important to remember that the stance should be ‘innocent until proven guilty’. How can justice be served and guilty men adequately punished if a fair trial has not ensued?

Protesters demonstrating against rape in Delhi. Photograph: Getty Images
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"I won't do this forever": meet Alternative leader, Uffe Elbæk – Denmark's Jeremy Corbyn

The Alternative party leader speaks frankly about his party's journey from being seen as a comedy sideshow to taking nine seats in the Danish elections.

In Britain, popular anti-politics sentiment has engulfed the Labour party, through Jeremy Corbyn. In Denmark's splintered, assorted political landscape, it has created a party called the Alternative. The barely two-year-old party was depicted as a comedic sideshow before June's elections. But with nine of 179 seats, they embarrassed all electoral predictions, including their own. Their rise owes to a growing European gripe with politics as usual, as well as to growing chasms within Danish politics.

"I don't want to do this forever. I want to be a pensioner, lay on a beach somewhere, write books and make money from speeches." Embracing his maverick figure, the 61-year-old witty, self-deprecating leader, Uffe Elbæk, has become one of the most resonant voices in Danish politics. As an ex-culture minister he was tarred by conflict of interest accusations leading to him to voluntarily step down as minister in 2012. He was later cleared of wrongdoing but the ridicule in the media stuck. His re-emergence in Danish politics is no longer trivial. His party has struck a match on a sentiment he claims is not European but international.

"What we see across Europe is a growing divide between politicians and their electorate. We are trying to bridge that divide and move from a representative democracy to a far more involving democracy. You see the same in the Scottish Referendum, in Syriza, in Podemos, in a way in Bernie Sanders and, of course, in Jeremy Corbyn".

In tandem with the rise of populist parties in Europe, they've capitalised on a discontent with mainstream politics, perceived spin and sound bite. In the last elections, the Alternative refused to directly persuade the electorate to vote for them, instead encouraging them to vote on their convictions.

“We are critical of the neoliberal doctrine from Thatcher and Reagan and growing inequality," explains Elbæk. "But I believe deeply in human potential and creating a more entrepreneurial, creative society based on progressive values".

The party decides its policies in what they call "political laboratories" where members and non-members are invited to share, hone, and develop policy ideas. The party is in many respects what it says on the tin. Despite flinching away from left and right political categories, they are staunchly pro-environment and pro-immigration.

"A lot of progressives do a lot of good things in the grassroots, but the reality is that few want to go into the big party machines." The Alternative has been a huge grassroots built campaign, attracting exactly those types of voters. It has gained over 6,000 members in its first two years, a remarkable feat as membership across Danish political parties steadily declines.

The party appeals to a desire, more prominent on the left of the Danish electorate, for a straight-talking, green party not overtly party political but reminiscent of conventionally Scandinavian values of tolerance and consensus. It is hawkish about whether socialist-inspired thinking is condusive to modern challenges, but similarly it believes in harnessing public support directly. They are a growing albeit slightly hippy and unconventional vehicle for political expression.

The migrant crisis has exposed chasms in Danish politics. Controversial proposals to advertise anti-refugee adverts, by integration minister Inger Støjberg, have sparked widespread concern. From across politics and from business, there has been a steady reel of expressed concern that Denmark risks creating a perception of intolerance to foreigners.

A private Danish group called People Reaching Out, published adverts in the same four Lebanese newspapers that ran the anti-refugee ads. Crowdfunding over £16,000, they replicated the original ads writing, "sorry for the hostility towards refugees expressed here. From people's to people's we wish to express our compassion and sympathy to anyone fleeing war and despair".

Michala Bendixen, who heads the campaign group, Refugee's Welcome, wrote an op-ed in The Daily Star, one of the Lebanese papers which carried the ad. She stated that, "the adverts give a completely distorted picture of the situation", clarifying that the Danish asylum process was amongst the fastest in Europe.

Støjberg's reforms to immigration and almost 50 per cent cuts to refugee benefits have made her a controversial figure but despite much criticism, topped a recent poll of ministers in the current government that voters felt were doing well. Largely on the back of a hardline position on immigration, the Danish People's Party won 21 per cent of the popular vote in this year's elections. Similarly to many countries across Europe, the migrant crisis has been emotive and polarising. On that divide, the Alternative has been categorical.

"In Denmark there is one thing happening in politics and another in the streets," says Elbæk. "There is a disgraceful lack of empathy from politicians but the reaction from the Danish people has been really touching. Suddenly we were seeing hundreds of refugees on our motorways, and it came as a reality shock to the Danish people. But they responded to it by offering shelter, food, water, and blankets."

Denmark's new government is hardening its position on immigrants and refugees. The split reaction reflects a more polarised terrain. There is a debate about what Denmark's values really are, and whether the migrant crisis betrays or protects them. Within it, the Alternative, partly motley, but with a non-trivial and rising electoral appeal, are an increasingly influential voice.