The Lakshadweep Bar Association has urged the Kerala High Court to abolish the outdated Mukthiyars system, citing legal concerns and the need for regulated legal practice on the islands.
Thank you for reading this post, don't forget to subscribe!
KERALA: The Kerala High Court is currently hearing an important case that could reshape the legal fabric of the Lakshadweep Islands. At the matter is the Mukthiyar system, a long-standing practice that allows non-advocate representatives, often retired government employees, to appear in legal proceedings as power of attorney holders.
ALSO READ: Delhi Bar Association Allows Lawyers to Skip Black Coats During Summer Heat
Mukthiyars System
Mukthiyars are individuals, typically familiar with the customary laws of Lakshadweep, who represent clients in legal matters despite not being qualified advocates. Their authority stems from a mukhtyarnama, a document executed by the litigant authorizing representation.
This system has existed in Lakshadweep due to unique geographical and administrative challenges. However, with the growth of legal infrastructure and the presence of qualified advocates in the islands, the relevance and legitimacy of the Mukthiyar system have come under intense scrutiny.
Lakshadweep Bar Association
In a suo motu public interest case titled In Re: Infrastructural and Other Issues Relating to Administration of Justice in the Lakshadweep Islands, the Lakshadweep Bar Association filed a counter-affidavit urging the Kerala High Court to abolish the system altogether.
The Bar Association raised several concerns about the continued existence of the Mukthiyar system. They pointed out that there are no rules or statutory bodies in place to regulate or oversee the conduct of Mukthiyars, leading to a complete lack of accountability. Additionally, there are no standard qualifications required; anyone can claim to be a Mukthiyar and appear before the court.
This, they argued, poses a serious threat to the fair administration of justice, especially in criminal cases, where the absence of proper legal training can severely impact the quality of representation. With qualified advocates now available and practicing in the islands, the Association believes the Mukthiyar system has become redundant and unnecessary.
Advocate Enoch David Simon Joel, appointed as amicus curiae, echoed similar sentiments. In his report, Joel criticized the system for:
- Lacking standard eligibility, selection criteria, or accountability mechanisms.
- Allowing non-lawyers to wear black coats and represent parties, especially in criminal matters, violates Article 22(1) of the Constitution and Section 340 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
He recommended the phased abolition of the system, coupled with public awareness campaigns about the statutory invalidity of Mukthiyars under the Advocates Act, 1961, which is currently not applicable to Lakshadweep.
ALSO READ: Allahabad High Court Bans Rs 500 Photo ID Fee by Bar Associations, Calls It Illegal
Importantly, the amicus also recognized the social and economic impact that abolition could have on existing Mukthiyars. To mitigate this:
- He proposed welfare schemes under the Legal Services Authorities Act, 1987.
- He suggested using experienced Mukthiyars in Alternate Dispute Resolution (ADR) mechanisms like mediation, where formal advocacy is not mandatory.
The Lakshadweep Mukthiyar Association has moved the Kerala High Court to be impleaded in the case. The group seeks:
- Recognition of experienced Mukthiyars under Section 24(3) of the Advocates Act, 1961, which allows state bar councils to enroll persons with special qualifications.
Case Title: In Re: Infrastructural and Other Issues Relating to Administration of Justice in the Lakshadweep Islands
Click Here to Read More Reports On Bar Associations