Complaining against an Advocate

By Nyaaya | Professional Ethics | 0 comment | 28 August, 2020 | 1

Complaints against an advocate can be with regard to professional or other misconduct by the advocate.¹ Actions that qualify as ‘misconduct’ cannot be defined with an exhaustive list. What should be kept in mind is the nobility of the job of an advocate, and the high standard that is expected of advocates by society.² Instances that are not explicitly mentioned in the law have led to disciplinary actions in the past, such as when an advocate tried to assault a client with a knife.³

Forum to Complain

The State Bar Council is the appropriate forum to lodge a complaint against an advocate.⁴ Upon receiving a complaint, or on its own motion, the State Bar Council can refer a case of misconduct to one of its Disciplinary Committees.⁵

Further, the disciplinary committee of the Bar Council of India also has the power to withdraw any pending proceeding from the State Bar Council and attend to the matter.⁶

If a case has been pending before the State Bar Council for more than a year since the receipt of complaint, the case shall be transferred to the Bar Council of India.⁷ If a person is not satisfied with the decision of the State Bar Council, they have the right to appeal to the Bar Council of India within 60 days of the communication of the decision.⁸ If the person is still aggrieved by the decision of the Bar Council of India, they can approach the Supreme Court within 60 days of the communication of the decision.⁹

Procedure to complain

State Bar Councils accept complaints against an advocate in the form of a petition, duly signed and verified. If you want to find the format, you can approach your State Bar Council which will have a prescribed standard format of complaint, along with the fees. Additionally, formats used can include languages such as English, Hindi or the language of the respective State. ¹⁰

After a person submits the complaint, the Disciplinary Committee of the State Bar Council will inquire into the matter.

Punishing an Advocate

When a complaint has been made against an advocate, the Disciplinary Committee of the State Bar Council will give an opportunity for the advocate to defend themself. Further, the Advocate General of the State will also be present during the inquiry. After the inquiry, the Committee will either:

Reprimand the advocate;
Suspend the advocate for the time being;
Remove the advocate’s name from the State roll;
Dismiss the complaint.¹

Section 35, Advocates Act, 1961[↩][↩]
Noratanmal Chouraria v. MR Murali & Another, Civil Appeal 5476 of 1999[↩]
Hikmat Ali Khan v. Ishwar Prasad Arya, 1997 (3) SC 131[↩]
Section 35(1), Advocates Act, 1961[↩]
Section 35(1);Section 35 (1A), Advocates Act, 1961[↩]
Section 36(2), Advocates Act, 1961[↩]
Section 36B (1), Advocates Act, 1961[↩]
Section 37(1), Advocates Act, 1961[↩]
Section 38, Advocates Act, 1961[↩]
Rule 1, Chapter 1, Part VII, Bar Council of India Rules, 1975[↩]

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Andhra Pradesh

Girl Child Protection Scheme

The Girl Child Protection Scheme is aimed at preventing gender discrimination by empowering and protecting rights of girl children through direct investment from the State Government. It provides a number of incentives to promote the empowerment of the girl child:

In case of a single girl child she is entitled to receive Rs.1.00 lakh after completion of 20 years of age.
In case of two girl children, both of them are entitled to receive Rs.30,000/- each, after completion of 20 years age.
Both “single girl child” and “two girl children” are entitled to receive Rs1,200/- per annum as scholarship from 9th class to 12th class (including ITI course) during their period of study, as a benefit under the scheme.

More information on this scheme can be found here.

Bangaru Thalli Scheme

Bangaru Thalli is a welfare scheme for girls launched by Government of Andhra Pradesh. The scheme supports the family of a girl from her birth till her graduation. All the Below Poverty Line white card holders are eligible for the scheme.

Details of the scheme can be found in the Andhra Pradesh Bangaru Thalli Girl Child Promotion and Empowerment Act, 2013.

Assam

Manjoni Scheme

Under this scheme, Rs. 5000 is deposited by the State Government at the time of the birth of a girl child and the girl would get the matured value of this fixed deposit when she turns 18. In order to be eligible for this scheme, the girl child must be born in a Government hospital and the family should have adopted the two child norm.

More information on this scheme can be found here.

Bihar

Mukhyamantri Kanya Suraksha Yojana

Under this scheme the girl child gets financial assistance from her birth till graduation amounting to a total of Rs. 51,000. The funds will be dispersed over a period of time upon attaining a certain age and completion of certain prerequisites:

At birth: Rs 2000
Age 1 upon issuance of Aadhar card: Rs. 1000
Age 2: Rs. 2000
Passing 12th grade: Rs. 10,000
Graduation: Rs. 25,000

These benefits are available to only 2 girls in a family and residents of Bihar. Girls coming from financially weaker backgrounds will be given priority. To apply to this scheme, the parents can visit the anganwadi centres, fill the application form and submit the necessary documents to the anganwadi workers.

Goa

MAMTA scheme for girl child

With a view of improving the female sex ratio of the State, under this scheme an amount of Rs. 10000/- will be paid to all the mothers who deliver a girl child (maximum 02 deliveries) in a registered medical institution. Eligible mothers can apply to the Child Development Project Officer through the local Anganwadi Centre with a copy of the Birth Certificate within 45 days from delivering the child. The benefits are directly credited to the declared Bank Account.

There is an online application for this scheme. More information on this scheme can be found here.

Gujarat

Kunwarbai Nu Mameru Yojana

The Ministry of Women and Child Development of Gujarat has launched a scheme called Kunwarbai Nu Mameru Yojana that offers financial assistance of Rs. 10,000 to only one girl of a family. However, this scheme has been started specifically for the welfare of Scheduled Tribes and Scheduled Castes girls. Only those with an annual income limit of Rs. 1,20,000 (Rural areas) and Rs.1,50,000 (Urban areas) are eligible for this scheme.

More information on this scheme can be found here.

Haryana

Laldi Scheme

The Ladli Scheme of Haryana is meant to provide benefits to biological parents who have no son (biological or adopted) but only daughters. This scheme is only available to those who are either domicile of Haryana or working for the State government, whose gross annual income of the family does not exceed Rs. 2,00,000.

The pattern of this scheme is similar to the Old Age Samman Allowance scheme for the families having only girl children. The enrolment of families under this scheme commences from the 45th birthday of the mother or the father whoever is older of the two till their 60th birthday i.e. for 15 years (Thereafter they will be eligible for Old Age Samman Allowance). The rate of allowance provided is Rs. 1,800 per month.

More information on this scheme can be found here.

Himachal Pradesh

Indira Gandhi Balika Suraksha Yojana

Under this scheme, the families adopting family planning methods after the birth of the first female child will be given a sum of Rs. 25,000 and those adopting family planning methods after the birth of two female children will be given a cash of Rs. 20,000.

The health department of the Himachal Pradesh government also provides free of cost transportation either through taxi or ambulance for carrying pregnant women to the nearest hospital for delivery.

Beti Hai Anmol Yojana

Under this scheme, for all the families lying below the poverty line in Himachal and having one or two girls, a sum of Rs. 5100 will be deposited in the name of girls at the time of their birth. Moreover, to help in the education of such girls, scholarships ranging from Rs. 300 to Rs. 1500 will be given to them from class I to class XII.

More information on this scheme can be found here.

Jammu and Kashmir

Ladli Beti Scheme

Under this scheme, financial assistance of Rs. 1000 per month is made by the Government from the birth of the girl child / account opening date for the next 14 years. For this, zero balance accounts have already been opened in the Jammu and Kashmir Bank in respective localities. This is only applicable to girls born on or after 1st April 2015, and whose parental income is less than Rs. 75,000 per annum.

More information on this scheme can be found here.

Jharkhand

Ladli Lakshmi Yojana

Under this scheme, the State government offers a girl child from families below poverty line benefits of Rs. 1,80,600. An amount of Rs. 6,000 will be deposited annually into the girls account till she turns 5 years old. Further amounts will be added upon completion of higher education, marriage and so on, along with monthly allowances of Rs. 200 for girl students.

Karnataka

Karnataka Bhagyashree Scheme

With the idea of raising the status of girl children and promoting their birth in the country, the Karnataka government has come up with the Karnataka Bhagyashree Scheme. The scheme provides financial assistance to the girl child in families that lie below the poverty line through her mother or father who is subject to the fulfilment of certain conditions.

The government of Karnataka offers the following benefits to the eligible candidates of this scheme-

The girl child gets a health insurance cover of upto Rs. 25,000 per month
The child gets an annual scholarship of Rs. 300 to Rs. 1,000, depending upon her age upto 10th standard
The parents get Rs. 1 lakh in case of accident and Rs. 42,500 in case of natural death of the girl child.
On completing 18 years of age, the parents of the girl child would be paid Rs. 34,751.

Along with this, there are certain interim payments such as annual scholarships and insurance benefits that the beneficiary can avail upon continued fulfillment of the eligibility criteria. The grant of such facilities promotes the birth of girl children in economically weaker families and raises their status within the society.

Kerala

Education Assistance to Women Headed Families

The scheme proposes to extend a helping hand to these families by way of providing financial assistance to the education of children by the State government.

More information on this scheme can be found here.

Complaining against an Advocate