Can't Expect Junior Lawyers To Work Without Pay: Madras High Court Directs Bar Association To Pay Monthly Stipend Of ₹15K-20K
The Madras High Court has directed the Bar Council of Tamil Nadu and Puducherry to issue circulars to all bar associations asking them to pay a minimum stipend of Rs 15,000 to Rs.20,000 to all junior lawyers practicing in the state. In the order uploaded on Thursday however, the court has modified this direction and asked the lawyers to pay monthly stipends to junior lawyers engaged...
The Madras High Court has directed the Bar Council of Tamil Nadu and Puducherry to issue circulars to all bar associations asking them to pay a minimum stipend of Rs 15,000 to Rs.20,000 to all junior lawyers practicing in the state. In the order uploaded on Thursday however, the court has modified this direction and asked the lawyers to pay monthly stipends to junior lawyers engaged by them.
Justice SM Subramaniam and Justice C Kumarappan highlighted that young lawyers should not be forced to go through the struggles of the earlier generations and everyone should come forward to create a robust space for young lawyers. The court also highlighted that suffering as a young lawyer was not a part and parcel of the legal profession. The court added that it was unacceptable to expect young lawyers to keep working without payment.
“Why should young lawyers be forced to go through our struggles. Let us come together and create a robust space for them. Suffering as a junior lawyer is not a necessary part and parcel of the profession. Article 21 extends to young lawyers also. To expect them to get used to get used to not being paid is unacceptable and demeaning,” the court said.
The court thus fixed a minimum stipend of Rs. 20,000 for young lawyers practising in Chennai, Madurai, and Coimbatore and a minimum stipend of Rs 15,000 for lawyers in other districts. The court added that the amounts were fixed by taking into account the basic cost of living and the cost index prevalent in the state. The court also asked the bar council to decide who would be eligible to come within the purview of a “young lawyer”.
The court also made it clear that the monthly stipend should be paid to all lawyer irrespective of their gender identity. The court remarked that the issues of disparity in payment between genders was not often spoken of and it was important to address the same. The court added that the monthly stipend should be paid to transgender persons as well.
The court was hearing a plea seeking implementation and enforcement of The Advocates' Welfare Fund Act, 2001 to Puducherry Union. The court had previously suggested the bar council fix a minimum stipend for engaging a junior lawyer to ensure his livelihood is protected.
When the matter was taken up on Wednesday, Advocate CK Chandrasekhar, appearing for the bar council informed the court that the bar council was agreeable to paying junior lawyers and sought 2 months to issue circulars to this effect. The court, however, directed the council to issue the circular within four weeks and report compliance.
Citation: 2024 LiveLaw (Mad) 240
Case Title: Farida Begam v The Puducherry Government and Others
Case No: WP 17976 of 2019