COVID - Declare Lawyers As Frontline Workers, Priority In Treatment And Vaccination And More: Plea In Madhya Pradesh High Court

The petitioner is Akhil Bhartiya Sanyukt Adhivakta Manch Bharat, a consortium of lawyers with the objective of 'development and welfare of the legal fraternity. They state in the petition that the judicial functions are considered the inevitable, keeping up the very sense of individual independence and spirit of the constitution, which is kept intact and uncompromised even in these unprecedented times of travesty.

"Access to Justice" forms part of the fundamental right under Article 21 and is also considered as the running wheel of the Indian Judicial System, the petition adds. It further states,

"Bar and Bench both are the strongest pillar on which the entire structure of justice dispensation is placed upon. The Thankless job of these two wings of justice delivery is not expressly and vocally accepted but deserves the utmost respect like any other profession. This is indeed commendable that despite the tragic situation and unprecedented scenarios of grief, our judicial system never stopped functioning even once, though the pace of taking up the matters was slowed but the justice dispensation was ensured with the same rigor and commitment."

The petition filed through Advocate Ved Prakash Nema refers to In Re (Suo Motu) v. Union of India & Ors wherein the Court took the cognizance for ensuring seamless distribution of medical aid to every section of the society and individual.

The petitioner states that the state government is reluctant to acknowledge the worth of judicial functionaries and has yet not declared them as frontline workers as others like medical staff, sanitation workers and journalists despite knowing the contribution of the legal fraternity. The petition refers to Sunil Gupta v. State of Madhya Pradesh, where while acknowledging the essential services of advocates and allied staff, their movement has been allowed after getting valid passes from district administration amid imposition of 144 CrPC. However, when the same services are not rendered as an 'essential service', the petition states are condemnable.

The petition argues that though Article 14 of the Constitution of India guarantees the Right to Equality, the right is being subjected to 'Equality in Equal circumstances'. The ex-gratia compensation as offered by the State allows for a meagre compensation only for those who succumbed in the second wave, discriminating against those who died before the second wave.

The petition prays for reviewing the decision to provide ex-gratia compensation and be extended before the second wave to complete justice.

The members of the legal fraternity do not qualify as beneficiaries under the Mukhyamantri COVID-19 Anukampa Niyukti Yojna, a scheme for the dependents of those deceased who were employed as permanent casual daily rated workers. The petition states in this regard,

"The selective exclusion of the legal fraternity despite their uncompromised efforts is painful and unjust. The deliberate and unreasonable exclusion of fraternity amounts to infringement of fundamental rights guaranteed under Article 14 of the constitution of India. It is submitted that immediate directions be issued to the state government to consider the representation for inclusion in said welfare schemes and appropriate actions and policy be drafted for their upliftment and betterment."

The petition gives an example of initiatives by other state governments and state bar councils, who have taken a compassionate view in extending support to the lawyers and judicial staff.

While the State of Chhattisgarh has declared Lawyers and court staff as the frontline workers, in Delhi, enrolled advocates are entitled to benefits under the Chief Minister's advocate welfare scheme and financial assistance to those who have contracted coronavirus providing them with one-time monetary assistance of Rs. 25,000 in-home isolation and Rs. 50,000 if the member is hospitalized.

The Supreme Court Bar Association has implemented SCBA COVID-19 Helpline Scheme as one-time financial assistance for the advocates suffering from COVID-19. The petition urges the Court to issue directions to the state government and the State Bar Council of Madhya Pradesh to ensure its members' welfare and well-being in these unprecedented times.

"The deliberate exclusion of legal fraternity by the state government from welfare and assistance schemes amounts to gross discrimination and infringement of their fundamental rights enshriend under Part III of the Constitution of India".

The petition draws from Article 47 to argue that the State must ensure and improve public health; hence, it becomes inevitable for the State to make adequate arrangements for treatment of infected lawyers, their dependents, and sufficient vaccination booths for vaccination of the legal fraternity and their dependents.

It states that though a sum of Rs. 2 Crore is allocated in favour of lawyers, such amount is insufficient for approximately 75,000 lawyers of the State.

The petitioner prays before the Court to (a) declare lawyers as frontline workers and their services as essential services; (b) devise dedicated financial assistance schemes and policies; (c) ensure compassionate appointment scheme for dependents of deceased employees/workers; (d) 10% vacancies must be reserved for the dependents of deceased lawyers, judicial staff and other allied stakeholders in the Madhya Pradesh Judicial Services including vacancies at High Court Registry and offices of subordinate courts; and (e) devising a policy or/and program for ensuring financial sustenance for members of the bar and assistance schemes for education and/or employment of dependents of deceased advocates.

Akhil Bhartiya Sanyukt Adhivakta Manch Bharat Vs State of Madhya Pradesh

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