BREAKING| Pay Rs.15K to 20K To Junior Advocates As Monthly Stipend : Madras High Court Directs Advocates

The bench of Justice SM Subramaniam and Justice C Kumarappan thus modified an earlier direction that the court had issued on Wednesday (12^th June) asking the bar associations in the state to pay the monthly stipend. In its order released on Thursday, the court directed the Advocates to pay this amount.

The court thus fixed a minimum stipend of Rs. 20,000 for young lawyers practicing 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 expenditure costs prevalent in the state.

The court made it clear that it is the duty of every stakeholder in the legal profession to create an environment where every member feels valued and is treated with respect. The court added that providing monthly stipend would encourage young lawyers and act as a catalyst for their development.

“It is the incumbent duty of all the stakeholders in the legal profession to provide an environment where every member of the legal fraternity feel valued and treated with respect. Opinions and thoughts may differ but the pages of our history have shown that the Lawyer community as a whole have always been the torchbearers of self expression,” the court said.

The court also made it clear that the monthly stipend should be paid to all lawyers irrespective of their gender identity. Noting that the issue of pay disparity among gender lines is often not talked about, the court added that it was high time to make a difference.

“In the context of fixing of this minimum monthly stipend, this Court would also like to bring to the fore the issue of pay disparity based on gender. Though this systemic issue of gender pay gap is beginning to gain attention, this issue is rarely spoken about. It is high time that we start making the difference. Hence the minimum stipend fixed above shall be extended to all Junior Lawyers without kind of discrimination based on Gender,” the court directed.

While the court recognized the welfare schemes brought in by the state government to provide aid and assistance to Junior lawyers, it added that its attempt was to create an inbuilt system to support the juniors. The court added that while the profession had succeeded in making space for youths from diverse social and economic background it was also important to keep their momentum from diminishing as they face the challenges of the profession.

The court also remarked that young lawyers from marginalised sections held great potential and through unified and concreted efforts to support them, the institution itself can move forward. The court added that the success of any profession was weighed based on the future which was created for the newcomers in the profession.

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.

Citation: 2024 LiveLaw (Mad) 240

Case Title: Farida Begam v The Puducherry Government and Others

Case No: WP 17976 of 2019