Advocates are often regarded as the cream of society, an intellectually distinguished class that carries the weight of truth, rights and justice on its shoulders. Yet behind this dignified façade lies a reality marked by struggle, uncertainty, and silent sacrifice. Advocates, who redress people’s grievances and fight for their justices, also struggle with their own set of problems and challenges. Although advocates struggle all over the country, however, the struggle of Kashmiri advocates is profoundly different, deeper in its complexities, heavier in its consequences, and more relentlessly in its nature.

In Kashmir, the pursuit of justice is not merely a professional calling. It is an act of endurance. Advocates in the Valley work under pressures that go far beyond crowded courtrooms and heavy case files. Their struggles are shaped by political uncertainty, prolonged conflict, economic instability, infrastructural deficiencies, and a justice delivery system strained by extraordinary circumstances.
For decades, Kashmir has lived under the shadow of conflict. This reality inevitably seeps into the functioning of courts and the lives of those who practice law. Prior to 05 August 2019, Kashmir witnessed a recurring cycle of prolonged and frequent shutdowns, curfews, strikes, and security restrictions which would bring court work to a halt, almost with mechanical regularity, every few months. Just when an advocate managed to firmly establish himself, having built a steady practice, a reliable clientele, and a respectable number of cases, the region would slip into yet another phase of shutdown. Court work would come to a standstill for months on end, livelihoods would collapse, and professional momentum would be abruptly shattered. Each time normalcy returned, many advocates found themselves pushed back to the starting line, compelled to rebuild their practice from scratch, as though years of effort had been wiped out overnight.
Being an advocate in Kashmir is not an easy thing. It is just like walking on a double-edged sword. If an advocate is seen as leaning too much towards the Govt/State, they come under the watch of anti-national elements and if the poor fellow stands against the Govt, they come under the scrutiny of agencies. In Kashmir, advocates are among the most vulnerable sections of the society and have remained easy targets. Apart from threats many have been killed. We don’t need to go far back, only in 2020, a young advocate from our fraternity namely Babar Qadri was shot dead at his home in broad daylight by unknown persons.
Economic hardship is the second most pressing challenges faced by advocates in Kashmir. Unlike other professions, there is no assured income, no minimum wages, and no guaranteed stipend especially in the initial years. The initial years are often spent working full days in court corridors, drafting pleadings late into the night, only to return home without a single rupee earned. Many advocates continue cases out of moral obligation, fully aware that justice should not be denied merely because a litigant is poor. While this commitment reflects the ethical strength of the profession, it also exposes advocates to sustained financial vulnerability.
Adding to this is the absence of social security. Advocates largely function without health insurance, pension schemes, or accident cover. A single medical emergency can wipe out years of struggle. Unlike government employees or corporate professionals, advocates stand alone when illness or old age knocks. It was only last year we lost some of our young advocates in Srinagar District Court. They had no other source of income, and now their families are left entirely at the mercy of God.
Young (Junior) advocates, particularly those working under senior lawyers, often face exploitation disguised as training. Long hours, heavy workloads, and negligible or zero remuneration are justified in the name of learning. In the absence of adequate institutional support, talented young advocates often consider leaving the profession altogether or migrating outside the region in search of stability.
Infrastructure within court complexes adds another layer to the struggle. Although in recent times some very good court buildings have been constructed in Kashmir with full facilities, even then, in many places, infrastructure problems still persist. Many courts operate with inadequate facilities, insufficient space, lack of proper seating, poor sanitation, and outdated record-keeping systems. Despite the gradual introduction of e-filing and digital processes, limited technical support render these reforms ineffective in practice. For advocates, especially those less familiar with technology, the shift has often created more obstacles than efficiencies. Furthermore, the insistence of Judicial Officers on e-filing in urgent matters such as applications seeking exemption from personal appearance, cancellation of warrants, issuance of certified copies, and other urgent matters causes a lot of inconvenience to advocates and more importantly, unnecessary hardship to litigants whose matters require urgent judicial intervention and relief.
Another significant challenge is the delay in justice. Judicial delays, often discussed from the litigant’s perspective, have a direct economic impact on advocates as well. Adjournments mean postponed fees, delayed payments, and months without work bearing fruit. Advocates find themselves explaining delays to frustrated clients who begin to lose faith not only in the system, but sometimes in their counsel as well. This erosion of trust damages the advocate-client relationship. As a result, advocates often face threat, harassment and even physical assault from clients over fee disputes. “Justice delayed is justice denied” also translates into “livelihood delayed is livelihood denied.”
The struggles of advocates in Kashmir are not merely the result of systematic deficiencies, economic uncertainty or prolonged political instability. They have been significantly compounded by the persistent failure of Bar Associations to effectively raise, pursue and resolve the genuine issues faced by the legal fraternity. At a time when advocates require strong institutional backing, their representative bodies have largely remained silent. Earlier we had a Bar Association which had its political interests and remained largely preoccupied with them. They were doing everything but the welfare of the advocates, leaving advocates at the mercy of God. Even the present the Bar Association lacks strong and effective representation. Its engagement with the authorities, Bench/judiciary and its members is almost zero, and the gap between the leadership and advocates continues to widen.
Another deeply troubling issue faced by advocates particularly in Kashmir is the gradual loss of respect. Advocates are treated as second class citizen in their own courts. The roads, building and parks for the Judges are well maintained and beautified, whereas, in the first place, there are not enough chambers available for all the advocates and the few that do exist are just like chicken coops wherein 4 to 5 advocates are made to sit together alongwith their clients. These are poorly maintained and unfit for professional work. Stickers meant for advocate’s vehicles are so easily available that anyone can fix them on their vehicle, diluting their purpose and raising serious concerns about misuse and security. Civilian vehicles enter the court premises easily but if an advocate does not have an entry pass or even forgets by mistake, he is stopped at the gate and treated like a criminal. Clerks and touts are so well dressed that clients mistake them for advocates. They roam around freely and even under the disguise of advocates not only appear before judges but also get orders. There is no prescribed or identifiable uniform for clerks leading to impersonation nor is there any effective mechanism in place to regulate or curb the menace of touts. All this undermines the dignity of advocates.
But despite all these hardships, advocates in Kashmir show remarkable resilience and continue to play a crucial role in safeguarding constitutional values and civil liberties. They neither give in to fear nor lose hope. Wearing their black gown and white collar-band with a smile and confidence on their faces, they come to court every day. They file petitions, they argue, they defend rights, and they challenge violations, often in a climate where doing so invites social, professional, and sometimes personal risk. They stand as the last hope for the people. Their commitment keeps the justice delivery system alive. And it is this very spirit that sets advocates in Kashmir apart from other professions and places them above from the ordinary.

Email:-----------------------mail2advasif@gmail.com