Communication is a very essential aspect for developing any kind of relationships, professional or personal. When in comes into the preview of law it is considered necessary that some communications be safeguarded to protect the privacy of the parties. Such communications come under the professional communication and have the benefit of professional privilege.
This privilege is incorporated under Section 126 to Section 129 of the Indian Evidence Act, 1872. The major objective of these privilege is to bring in transparency between the parties action in the professional capacity and also to try eliminating the element of fear of disclosing information.
This privilege extends to the parties acting in the capacity of attorney client relationship, medical practitioners, spiritual advisors, in house counsel and to the clerks of the legal offices and individuals who have volunteered to give evidence.
The Attorney Client Relationship in India is governed by the provisions of The Indian Evidence Act, 1872, Bar Council of India Rules and Advocates Act, 1961.This has been introduced mainly because it is very often noticed that the clients do not disclose complete information regarding their case to the attorneys due to the fear that the might get exposed and can be a subject to humiliation. This creates an obstacle during justice and may also lead to the client not getting justice due to the information being missed out.
In cases involving the medical practitioners it is governed by rules stated by the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002.
In case of the religious and spiritual advisors, this is known as a priest- penitent relationship. It does not allow the dialogues and the confessions made before a priest or a religious head or the advisor to be bought into the court. This is mostly prevalent in the catholic religion. They are bound by the church canon law from making any disclosures.
This privilege can also be associated to the Right to Privacy granted to the citizens of India under Article 21 of the Indian Constitution. This Article clearly states that no person shall be deprived of the personal liberty unless it comes as an obstruction of law or in the cases of national emergencies. This covers almost all aspects of law and though not expressly mentioned, privacy is one of the major aspects of this.
I think this privilege is a necessity to make the common people more confident and encourage them to come and freely discuss their problems with the professionals and seek help and opinion. I believe that all the services that are given by the professionals are not only for the people with status and stature in the society by also for the layman and this privilege lays the foundation stone to the relationship that must be developed between the parties in the course of time for the wellbeing and goodwill. When individuals have the assurance that they will be protected by the law if there is a breach of trust on part of the professionals, only then will they be able to pour out their grievances. This also brings in a liability and a caution on part of the professionals as it sets out a boundary in the playing field on how much information can be used.
According to me this also brings in a greater sense of responsibility in the professional ethics of the careful and diligent use of the information and data that is given into their hands by the people.
Aishwarya Says:
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