Atul Raina
The restrictions are further extended and in view of the Lockdown on account of Corona Virus, the restrictions in the Courts are further extended and list of urgent matters which are allowed to be heard through virtual mode have been increased.
With Justice being inaccessible, the Common Man has become powerless in both the public and private spheres as the legal profession was not included in the list of essential services by the Government of India as well as the Government of Jammu and Kashmir. Article 22 of Constitution of India guarantees every citizen the right to consult and to be defended by an advocate of their choice upon being arrested or detained in custody by the Police.
While the arrests by the police have been increased, legal protection has almost vanished on account of non functioning of Advocates and Courts. Without Legal Profession being classified as essential service, one wonders if fundamental rights can be enforced.
Video conferencing in not feasible for many lawyers and that such wide infrastructure did not exist. Many lawyers are suffering due to financial constraints due to COVID-19 Lockdown. Many people are languishing in jails and are not able to approach the Court for bail and in cases, where application were moved prior to lockdown, are pending for consideration.
It is evident now that the Corona Virus will stay for sometime and we have to learn how to live with it, making necessary adjustments. Life is precious, but so is, sustenance. A large Chunk of advocates in the Union Territory of Jammu and Kashmir are daily earning advocates and due to lockdown, their problems have increased. The Corona virus lockdown is revealing deep income disparities in the legal profession.
This COVID-19 Lockdown have enlightened many discrepancies in the system as there exists no schemes for the welfare of Advocates in the Union Territory of Jammu and Kashmir and in India as Whole. There exists no scheme for monthly stipend to newly enrolled advocates and no scheme for payment of pension to advocates who put an atleast 30 years of active professional service as an enrolled advocate. There is no insurance scheme for advocates neither medical nor life insurance. That there are number of States, where stipend is being paid to newly enrolled advocates.
That there are many senior as well as Junior Advocates in the Union of Jammu and Kashmir who are suffering financial constraint due to this COVID-19 Lockdown and the absence of above mentioned welfare schemes added a feather in their hardships.
That the Government of Delhi, under Chief Minister Advocate Welfare Scheme allocated a budget of Rupees 50 Crore which will give mediclaim policy, group insurance policy, e-library and crèche facilities to advocate
but there exists no such fund for advocates in the Union Territory of Jammu and Kashmir.
The Bar Council of India had written to Prime Minister of India raising number of demands for the welfare of advocates and allocation of an annual budget of Rs 50,000 Crore. As per the Letter, Bar Council of India stated that as citizens of India, the Advocates and their families also have the right to get bare minimum requirements of life and to live a respectable and secured life.
The Government of Jammu and Kadhmir is also required to allocate a budget for the Welfare of Advocates of Union Territory of Jammu and Kashmir in parity with the Government of Delhi. The following schemes should be announced for the welfare of advocates by the Government of Jammu and Kashmir:-
* Announcement of stipend for newly enrolled advocates at the Bar upto 5 years of their Practice.
* Medi-Claim: Free Medical treatment of every type of disease in best hospitals of India and other Countries (if needed) for the advocates.
* Insurance Cover up to Rs 20 Lacs for the lawyers and their family (Dependants).
* Interest Free House loans, loan for library.
* Jammu Development Authority or other housing co-operations be directed to announce a Colony for Advocates and land should be made available at Cheaper rates.
* In case of untimely death of any advocate due to accident, murder, any disease, an amount of Rs 50 Lacs be given to the family/dependants of the advocate.
In order to reduce the sufferings of the advocates of Union Territory of Jammu and Kashmir, the Government of Jammu and Kashmir is required to allocate the Funds for above mentioned schemes in the welfare of advocates. A representation with regard to the allocation of funds stands already sent to Lieutenant Governor of Union Territory of Jammu and Kashmir.
(The author is Advocate High Court of Jammu and Kashmir Jammu)
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