PIL Seeks Stipend For Lawyers With Income Less Than ₹1L During First 3 Yrs Of Practice: Bombay HC Issues Notice To Bar Council Of Maharashtra & Goa

A division bench of Chief Justice Dipankar Datta and Justice MS Karnik issued notices to Bar Council of Maharashtra and Goa, Advocates Welfare Fund Trust Committee and State of Maharashtra returnable on 14th March.

The PIL states that the background and circumstances of Covid-19 situation has affected Lawyers very badly as the courts remained closed. "The worst affected are young lawyers who have 3 years or less than 3 years of practice and an income less than Rs 1 lakh per annum."

The petition adds that there around 28,000 junior lawyers in Maharashtra and Goa.

The PIL, presented through Advocates Asim Sarode, Ajinkya Udane and Smita Singalkar, also cites initiatives taken by High Courts of Delhi, Telangana, Kerala, Cuttack, Calcutta, Tamil Nadu, Jharkhand and Andhra Pradesh to support young lawyers. "Same kind of affirmative action is expected from the Hon'ble High Court. The petitioners are hopeful that some quick action in favour of the new and junior advocates facing economic complexities will be ordered by the Hon'ble High Court," the petition reads.

Names of Advocates who have filed the petition are – Ajit Deshpande (25), Akshay Desai (24), Nitin Pacharne (27), Romal Kale (26), Sagar Jori (26), Kajal Bhoskar (25), Kalyani Bacche (25), Gauri Chaure (25), Pooja Patole (25), Ujjwala Sandbhor (37), Pranali Mule (24) and Kishore Dongare (26).

The petition states that every lawyer in Maharashtra and Goa is registered under the Bar Council of India as well as the Maharashtra and Goa Bar council and has paid Rs 15,000 towards the welfare fund for lawyers hence it becomes the responsibility of these Respondent Councils to look into the welfare for the lawyers, especially in these difficult times. The respondents in the petition are Maharashtra Advocates Welfare & Fund Trustee Committee, Bar Council of Maharashtra and Goa and the State of Maharashtra.

Citing section 23 of the Maharashtra Advocates Welfare Fund Act, 1981, which talks about the discretion given to the Trustee Committee to give financial assistance from the Fund to organise welfare schemes for the indigent, disabled or other Advocates, who may or may not be members of the fund, the petition says that the situation requires a broad interpretation and provide assistance to lawyers.

It also cites a survey conducted by Vidhi Centre for Legal Policy, which claims that more than 79% of surveyed lawyers across 7 High Courts said that advocates with less than 2 years of legal practice at the Bar earn less than Rs 10,000 per month. "The survey also showed the disparity in incomes of senior advocates and the entrance to the profession. This reflects on the need of the hour to support young lawyers who have not been in a position to sustain them. To be fair we can categorize lawyers with up to 3 years or less practice and with an annual income that is less than Rs 1 lakh to get the benefit," the petition adds.

It also cites news reports to say that some lawyers have also committed suicide due to the financial crisis faced by them. The petition then provides details of measures/orders from other High Courts/State Bar Councils to provide assistance of Rs 5,000 per month to lawyers within their jurisdiction.

Kerala High Court order in case of Adv Dheeraj Ravi & Others v. State of Kerala and Others where the court decided that the lawyers must get a stipend of Rs 5,000 per month is cited.

The petition argues that the State Government along with Bar Council is responsible and has a legal obligation to constitute a fund called Advocate's Welfare Fund and contribute to the fund and while the State government may have taken many concrete steps to fight against Covid-19 corona, no steps have been taken to provide financial assistance to new lawyers.

The PIL states that most of the Civil Courts as well as Family Courts have not become fully functional and most Criminal Courts have given interim bail to under trials resulting loss of income for lawyers as "in the normal course of things, bail matters are the most important income generators for many lawyers working in Sessions Courts."

The petition seeks directions for the respondents to act swiftly to initiate some online process and declare Standard Operating System (SOP) on the website of the Bar Council of Maharashtra and Goa for new and junior advocates so that they can file applications to get stipend.