Sakina Tashrifwala
Published on: 26 September 2022 at 18:32 IST
The Delhi High Court has urged senior attorneys in the legal profession to ensure that the stipend offered to their juniors is sufficient to help them overcome financial hardship and live a more dignified life. It was stated that –
“This Court also makes an appeal to seniors in this field to ensure that the stipend provided to their juniors is sufficient for their juniors to avoid the financial burden that comes with this job and allows them to enjoy a more dignified life.”
The division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad noted that senior attorneys must be more cognizant of their juniors’ socioeconomic backgrounds and asked for more empathic attitude given the “virtuosity of the legal profession.”
“At the outset, it becomes pertinent to note that, unfortunately, young professionals in all fields, be it medicine, Chartered Accountancy, Architecture and Engineering, etc., face problems that are similar to the ones being faced by young advocates.”
” Job opportunities are scarce and people competing for these limited job opportunities are far too numerous, which makes the competition arduous and the services of an individual dispensable,” the Court said.
The statements were made by the court while rejecting a PIL filed by a junior lawyer working with a seasoned attorney. The petition emphasised the challenges encountered by freshly recruited advocates who are unable to support themselves in the national capital owing to poor wages.
It was the petitioner’s argument that, owing to a lack of a reliable and consistent source of income, young attorneys are unable to plan for their lodging, food, travel, and other expenditures.
As a result, the Bar Council of India and the Bar Council of Delhi were directed to provide Rs. 5000 in financial aid to newly registered advocates during their first years of practise.
While noting that the petitioner emphasised the challenges experienced by newly admitted attorneys, the Court took judicial notice of the fact that such young counsels have enormous difficulties in maintaining themselves due to the high cost of living in the national capital.
“It is indeed very difficult for young advocates to bear expenses for the purposes of accommodation, food, and travel. This Court also takes note of the fact that many of these youngsters either do not get paid by their seniors or the salaries that are paid to them are so meagre that it barely covers the cost of living in a metropolitan city,” the Court said.
It added, “Many of these young advocates, if fortunate enough, either have to depend on their families to meet day-to-day expenses or are reduced to a state whereby they are forced to take up more lucrative and feasible job offers.”
“This is indeed a sorry state of affairs for a noble profession whose dynamics end up excluding those with less financial resources as compared to their privileged counter parts.”
However, the Court noted that Article 21 of the Indian Constitution cannot be interpreted to include an advocate’s entitlement to a monthly salary from a bar association. According to the Court –
“It is up to the Bar Councils to establish arrangements for financial help so that the young advocates, who are the future of this wonderful profession, can support themselves.”
“This Court cannot issue a writ of mandamus directing the Bar Council of Delhi and the Bar Council of India to make provisions for providing stipends to young advocates who have recently enrolled in the profession in order for them to overcome the financial stress in the early years of practise.”
While dismissing the request, the Court also urged the country’s bar councils or associations to be more sympathetic to the problems of younger attorneys and to consider giving them some designated space to use.