The Madras High Court has suggested that the Bar Councils of Tamil Nadu and Puducherry establish a minimum stipend to protect the livelihood of a young lawyer.
Judges SM Subramaniam and C Kumarappan observed that junior attorneys often struggled to make ends meet due to the meager compensation received by their older counsel. Additionally, the court decided that it could not let junior attorneys be treated unfairly by more experienced attorneys by denying them work without providing a minimal stipend. This clearly violated the fundamental rights of the young attorneys.
Madras High Court:
“It is exploitative and obviously against the fundamental rights protected by the Constitution to retrieve work without payment. The court held that the younger, brighter attorneys who have great ambitions for their careers must be supported in their work by the older attorneys, the legal community and the judicial system”, the court said.
The court also declared that one of the State Bar Council’s responsibilities is to safeguard the rights, privileges, interests, and livelihoods of advocates who have enrolled with lofty goals. The court noted that it could not permit the exploitation of young attorneys in any circumstance, and it ordered the state to establish the minimal stipend.
Puducherry Union was requesting from the court that The Advocates’ Welfare Fund Act, 2001 be established and carried out. During the hearing, the court was informed that there were around 200 pending claims for benefits under the Tamil Nadu Advocates Welfare Fund.
The court suo motu impleaded the Secretary to the Government of Tamil Nadu’s Law Department and the Principal Secretary to the Government’s Finance Department, citing the length of time the applications had been pending, and requesting an explanation for the non-release of funds for the long-pending applications.
The court stated that there could not be any discrimination among the members of the bar because the practicing attorneys in Puducherry were also members of the Bar Councils of Tamil Nadu and Puducherry. The court went on to say that consistency must be maintained in order to resolve the grievances of Puducherry attorneys.
To allow the Bar Council to implement the welfare program in compliance with the law, the court directed the Additional Government Pleader to furnish the government with all pertinent data and get the necessary orders for the prolongation of the financial contribution.
Conclusion.
Fundamental Rights are personal rights given to every individual in our country to ensure the individual’s dignity, freedom and equality since our nation is a democratic country, and no one can deny those rights which belong to us. Typically these rights include right to life and personal liberty, which protect individuals from arbitrary deprivation of life and ensure that people live with dignity and freedom.
In this particular right we can by ourselves understand that it is essential every person out there must live a dignified life and to ensure this right, acknowledging a minimum pay to the junior lawyers is not much of an ask as the senior lawyers would have also faced the same discrimination as to not getting paid and how that had affected them in their early stage in career.
The right to equality ensures that everyone is treated equally under the law, promoting social justice by prohibiting discrimination based on race, religion, caste, sex, or place of birth. No person shall be treated in a way that is discriminatory, and not being paid for a work done by someone is a type of a discrimination
The right to freedom encompasses several crucial aspects, such as the freedom of speech and expression, allowing individuals to voice their opinions without fear. As when the freedom is given to an individual it also gives us the freedom to interpret this and can include getting paid for the work done and being eligible to ask for it, enhancing economic freedom.
Rights against exploitation protect individuals from human trafficking, forced labor, and child labor, ensuring that no one is subjected to inhuman or degrading treatment. An individual can even be exploited while being educated, having the best qualification and not being paid. Essentially this right must be used by every budding lawyer to help them survive in the world.
The right to constitutional remedies is crucial, as it allows individuals to seek judicial protection if their fundamental rights are violated. This ensures that these rights are not merely theoretical but can be enforced. The right to privacy protects personal information and the autonomy of individuals in making personal decisions without unwarranted interference.
These fundamental rights are vital for individuals as they provide the foundation for a just and equitable society. They empower individuals to live freely, express themselves, seek justice, and achieve their full potential without fear of discrimination or exploitation. This promotes personal development, social harmony, and the overall progress of society.
