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
Photo: Getty
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What does François Bayrou's endorsement of Emmanuel Macron mean for the French presidential race?

The support of the perennial candidate for President will boost Macron's morale but won't transform his electoral standing. 

François Bayrou, the leader of the centrist Democratic Movement and a candidate for the French presidency in 2007 and 2012, has endorsed Emmanuel Macron’s bid for the presidency.

What does it mean for the presidential race?  Under the rules of the French electoral system, if no candidate secures more than half the vote in the first round, the top two go through to a run-off.

Since 2013, Marine Le Pen has consistently led in the first round before going down to defeat in the second, regardless of the identity of her opponents, according to the polls.

However, national crises – such as terror attacks or the recent riots following the brutal arrest of a 22-year-old black man, who was sodomised with a police baton – do result in a boost for Le Pen’s standing, as does the ongoing “Penelopegate” scandal about the finances of the centre-right candidate, François Fillon.

Macron performs the most strongly of any candidate in the second round but struggles to make it into the top two in the first. Having eked out a clear lead in second place ahead of Fillon in the wake of Penelopegate, Macron’s lead has fallen back in recent polls after he said that France’s rule in Algeria was a “crime against humanity”.

Although polls show that the lion’s share of Bayrou’s supporters flow to Macron without his presence in the race, with the rest going to Fillon and Le Pen, Macron’s standing has remained unchanged regardless of whether or not Bayrou is in the race or not. So as far as the electoral battlefield is concerned, Bayrou’s decision is not a gamechanger.

But the institutional support of the Democratic Movement will add to the ability of Macron’s new party, En Marche, to get its voters to the polls on election day, though the Democratic Movement has never won a vast number of deputies or regional elections. It will further add to the good news for Macron following a successful visit to London this week, and, his supporters will hope, will transform the mood music around his campaign.

But hopes that a similar pact between Benoît Hamon, the Socialist Party candidate, and Jean-Luc Jean-Luc Mélenchon, the Left Front’s candidate, look increasingly slim, after Mélenchon said that joining up with the Socialists would be like “hanging himself to a hearse”. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.