The Covid-19 lockdown has affected all walks of life, including the judiciary. Courts all over the country have mandated strict imposition of social distancing, restricted entry into their premises and limited the number of cases being heard to extremely urgent matters. This has had a deleterious effect on many young and independent lawyers.
The Supreme Court has been hearing five-six matters every day, including urgent PILs, most of which are related to the pandemic. These cases are listed only after the advocates have explained the reasons as to why the matter is urgent, after which it is left to the discretion of the Court. High Courts too are taking up very few matters and these include urgent writ petitions. However, it is in the lower courts that the full impact of the lockdown can be starkly seen. Most have very few cases which fall under the category of urgent matters, including those of life and death, urgent bail applications, eviction matters, and so on. Matters of maintenance, child custody, pensions, registration of wills and so on are not being taken up. Most of the courts have also extended interim relief orders.
The crisis in the judiciary has brought to the fore disparities in income in a profession that is otherwise seen as lucrative. While senior counsel or advocates practising for years and employees at law firms may not be hard hit, there are thousands of others who are not able to sustain themselves and their families. These include newly enrolled advocates with independent practice and junior associates who are being denied their salaries. Lawyers who depend on fresh filings have no source of income now as no new cases are being filed. Clients too are losing trust in their counsels and are even withdrawing their cases. While their source of income has dried up, rents and electricity bills for their offices and homes still need to be paid. They still need to pay their junior associates and if they can’t, these employees are leaving for better pastures.
According to advocate Abhishek Choudhary, who practises in the Supreme Court and Delhi High Court, the current situation will mainly affect independent practitioners.“These lawyers can be called daily earners as many of them depend on fresh filings and hearings and are paid accordingly. No fresh filing and hearing means no pay for them. As High Court chambers are few, most advocates have rented offices which have to be paid for. Similarly, their clerks and subscription for online portals such as Manupatra and SCC Online too need to be paid.”
According to Garvit Vinayak, an advocate practising at Delhi District Courts and the High Court, newly enrolled advocates who have been practising for less than five years are facing the real brunt of the crisis. “It’s a challenging situation for advocates who are practising in Delhi but do not belong here,” he said.
Even after the lockdown is lifted, he predicts that things won’t be back to normal. As matters are being adjourned, new dates are being assigned for cases. Considering that advocates have multiple cases listed in different courts, there is every likelihood that dates for their hearings will overlap, leading to further delay in the hearings.
However, some advocates see this as an opportunity for growth and change. Ashish Virmani, Advocate-on-Record (AoR) in the Supreme Court, said the situation had hit the income of lawyers and so he has ensured that everyone working in his firm is paid in full. Seeing the positive side of things, Virmani told India Legal that even if fresh filings and hearings have stopped, advisory work is continuing and has, in fact, increased considering the growing number of force majeure cases. “It’s a good time to keep ourselves updated with various developments in the field of law. It has also given us the time to critically evaluate and examine judgments and build up our knowledge. Technology can be used beneficially and lawyers from different countries are taking online courses and connecting through webinars, thereby facilitating cross-jurisdictional discussions,” he added.
Pravin H Parekh, senior advocate in the Supreme Court, said one needs to see the bigger picture. There are many young lawyers who are well-qualified with good grades but do not have much work, he said. Having been president of the Supreme Court Bar Association (SCBA), he said that advocates’ associations like the SCBA, Supreme Court Advocates on-Record Association (SCAORA), Bar Council, and so on, should do whatever they can to assist lawyers in need. But as there are a huge number of lawyers in the country, people from the legal fraternity should do whatever they can to help, he stressed.
The plight of lawyers has, however, not gone unnoticed. Several State Bar Councils and High Court Bar Associations have come up with immediate and effective financial aid to advocates who have been adversely impacted by Covid-19. The Advocates Act, 1961, makes State Bar Councils responsible for constituting funds to provide financial assistance to the indigent, disabled or other advocates.
The Bar Council of India chairman has appealed to Prime Minister Narendra Modi to provide Rs 20,000 as minimum subsistence allowance per month to lawyers who are not financially well-off. The SCBA through its Covid-19 Helpline Scheme is providing loans of a maximum of Rs 25,000 to AoRs, which have to be repaid without interest within two years. SCAORA is providing a one-time monetary aid of a maximum of Rs 25,000 to its members and the Bar Council of Delhi will provide assistance of up to Rs 5,000 to advocates facing financial difficulties. Meanwhile, the Delhi High Court Bar Association has implemented Ex Gratia Relief Scheme 2020 to provide aid to qualifying members up to an amount of Rs 10,000. Bombay Bar Association and Odisha State Bar Council too will provide financial assistance to member advocates in need.
In dire need, advocates are also filing petitions in courts for financial assistance. Such writ petitions have been filed in the Madras High Court, while the Allahabad High Court has taken suo motu cognisance of the same issue. In the Supreme Court, advocate Pawan Prakash Pathak has filed a PIL for creation of an emergency fund for independent advocates. He told India Legal: “Lawyers are merchants of hardship with no trade and unions. With the extension of the lockdown to May 3, the hopes of various young advocates have gone for a toss. As they cannot seek help from any other source, this has become a hardship trade. Lawyers will leave the Bar if no assistance is provided to them at the earliest.” Worse will be the case of advocates who are not associated with any Bar Association.
As the current situation is unprecedented and unpredictable, it is time the legal fraternity ensures that the basic right to life and livelihood is not denied to those who have always been the defenders and custodians of those rights.
Photo: Anil Shakya