The presence of touts is ubiquitous in any court, be it district, High Court or even the Supreme Court. Why only courts- this is a common sight of any government office dealing with the public. So much so, even in the hospitals, touts rule the roost. Police stations remain hovered by the touts all the time. Even an FIR cannot be lodged without the help of the touts. As far as the courts are concerned, touts are found on all their gates itself. Many advocates depend on them because it is they who bring cases to them and in return get good commissions. Many touts have their own independent offices, and they operate by giving a façade of computer operators or typists. That is why, the Advocate Amendment Bill 2023 passed by Parliament the other day is a welcome law.
Verily speaking, the judicial system is swamped with touts. The definition of tout that has been given in the new Advocates (Amendment) Bill of 2023 is ‘a person, who procures, in consideration of any remuneration moving from any legal practitioner, the employment in any legal business.’ It further says that ‘who for such procurement frequents the precincts of Civil or Criminal Courts or revenue-offices, or railway stations, landing stages, lodging places or other places of public resort.’ The need for bringing in changes in India’s judicial administration was felt immediately after independence. The Law Commission was tasked with preparing a report on reforms. In its 249th Report titled ‘Obsolete Laws: Warranting Immediate Repeal’, the Commission recommended repealing the 1879 Act. Additionally, the All-India Bar Committee made its recommendations on the subject in 1953. Taking these into account, the 1961 Act was passed.
However, this Amendment is inadequate unless the judges and advocates come forward to root this out, it will be highly impossible to get rid of this disease. The new provision, Section 45A, states that the Bill enables every HC and district judge to frame and publish lists of touts.
However, no person’s name will be included in any such list until they have had an opportunity to show cause against such inclusion. Further, any authority empowered to make lists of alleged or suspected touts can send them to any subordinate court, which, after holding an inquiry into the conduct of such persons, will allow them an opportunity to show cause. After this, the lower court will report back to the authority ordering the inquiry. If proven to be a tout, the person’s name will be included in the list of touts that will be published by the authority and hung in every court. The court or judge may exclude any person whose name is included in any such list from the court’s vicinity. Additionally, this provision punishes anyone acting as a tout ‘while his name is included in any such list’ with imprisonment up to three months, a fine that may extend to five hundred rupees or both.
Touts are, in fact, all-pervasive. They are present at the houses and offices of ministers/ politicians, who not only make money but also allow the touts to make money due to their influence and proximity to powerful politicians. The names of the touts can be published by the courts but what about touts who are Ll. B degree holders and work in the garb of advocates? These people work as middle persons for the judges and the advocates, which is monetarily and mutually beneficial to both. It may sound strange, but it is a fact that touts are operating even at the famous temples, and they swoop on pilgrims at the bus stations, inside the trains and railway stations or near the temples.
Apart from the effective laws, what is needed is general awareness among the people. The administration has to have determination and necessary firmness in dealing with the pests of touts. But then the administration itself will have to cure itself from the infection of touts. If the senior advocates and judges do not show any leniency towards touts, more than half the problem will be automatically solved.
The decision of the government to repeal all obsolete and superfluous laws, which have lost their utility, which is often used by insensitive officers is also a welcome step. In the process, more than one thousand laws have already been abrogated but hundreds more need to be consigned.
Law to Weed out Touts is Inadequate and Needs to be Done More
feel free to email us [email protected]
-
Seema Haider Must be Protected
Parmanand Pandey, , Miscellaneous, 0
Controversy has flared up across the country over Seema Haider, an illegal migrant from Pakistan to Greater NOIDA of...
-
Is Justice Katju a whistle-blower or rank opportunist?
Parmanand Pandey, , Miscellaneous, 0
If corruption in judiciary is a secret, then it is an open secret and it has been continuing for...
-
Annual Conferenceof Darshan Parishad at Azamgarh will provide impetus to locals
Parmanand Pandey, , Miscellaneous, 0
My friend Ravindra Nath Tripathi, an Advocate practising in the courts of Azamgarh has sent me an invite to...
-
Painful Partition of India
Parmanand Pandey, , Miscellaneous, 0
Going through the popular column of journalist Vivek Shukla ‘Dilli dil se’ in a Hindi daily of Delhi provides...
-
Morality of the workers in India
Parmanand Pandey, , Miscellaneous, 0
By Parmanand Pandey I am a victimised employee of a newspaper organisation. After victimisation I decided that I would...
-
Resolve Hijab Controversy by Enacting Uniform Civil Code
Parmanand Pandey, , Miscellaneous, 0
Hijab Row is Totally Absurd By Parmanand Pandey Hijab controversy is raging in the country. Ideally, there should be...
-
Conflict between ‘Morality’ and ‘Choice of Woman’ on abortion
Parmanand Pandey, , Miscellaneous, 0
Parmanand Pandey It is estimated that in India more than seventy thousand young women die every year undergoing an...
-
Azamgarh: Nursery of Terrorism
Parmanand Pandey, , Miscellaneous, 0
A few years ago there was a report published in some newspapers that hundreds of crore of Rupees lying...
Categories
Recent Posts
- Introduction of e-filing in Allahabad High Court is a Welcome Decision
- Introduction of e-filing in Allahabad High Court is a Welcome Decision
- The conduct of Kejriwal and AAP Leaders is Repulsive and Lowest of the Low
- Comical Behaviour of Arvind Kejriwal
- Karpoori Thakur Fired with Casteism than Idealism. His Personal Honesty was Above the Board
Recent Comments
- נערות ליווי on Arun Shouri’s Latest Tome is Worthless Through and Through
- Jeromeuters on Padma Vibhushan to late Radhey Shyam Khemka: A Well-Deserved Tribute to a Saintly Editor
- Robertweple2145 on Digitalisation of Currency will Revolutionise the Money Circulation
- Victornem45678 on Live-Streaming is the Best Substitute To Open Court Hearing
- Isacwaync on Kudos to ‘Voice of Lucknow’ and its Editor for Protecting the jobs and Salaries of Journalists
Archives
- May 2024
- April 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- August 2022
- July 2022
- June 2022
- May 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- January 2020
- December 2019
- October 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- August 2018
- July 2018
- June 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- May 2016
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- July 2013
- May 2013
- April 2013
- March 2013
- July 2012
- June 2012
- March 2012
- February 2012
- September 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- June 2010
- March 2010
- January 2010
- October 2009
- September 2009
- July 2009
- May 2009
- April 2009
- December 2008
- September 2008
- August 2008