A plea regarding subsistence allowance for lawyers who are deprived of work since March was filed in the High Court of Uttarakhand at Nainital. The plea was filed by Manmohan Kandwal, Anil Kumar Sharma and Mukesh Rawat, through Advocates Dr. Kartikey Hari Gupta, Pallavi Bahuguna and Vikas Bahugun.
The plea stated:
“Lawyers constitute a separate class of persons and are entitled to separate financial and other relief measures. Majority of lawyers do not have proper video conferencing facilities particularly internet connections having speed of minimum 2 MBPS. There is a need that lawyers in district courts visiting jail, Magistrates or court for remand function or any other urgent function maybe allowed to reach their destination. Hence, maybe exempted from the restriction of movement imposed by the government or any other authority under Section 21 of the Disaster Management Act, 2005.”
The petition raised concerns about the lawyers being deprived of their fundamental right i.e. Article 21 of the Indian Constitution, as the lawyers, ever since the lockdown was announced, can neither do any other work nor devise means to earn their livelihood.
The plea in Uttarakhand HC further stated:
“From March 24 to April 14, for 21 days, advocates in the state has been deprived of any income opportunity due to prevention of measures of COVID-19 and social distancing. Even after April 14 till May 3 there are severe restrictions on usual court work, client counselling and hearing of matters of all the courts of the state. It has deprived advocates further from having any income from court work or client counseling. All class and section of advocates and their staff namely registered advocate clerks have been severely affected more than any other section of the society because court work is statutorily mandated only way of earning livelihood for the advocates. Clerks perform important functions and assist the court in justice delivery. They are registered and their conditions of service are guided by High Court rules. Their income is also dependent on everyday visitation of clients for court proceedings and miscellaneous proceedings. Extreme measures of social distancing and lockdown have left them without any income.”
The plea directed the Court’s attention towards the condition of clerks who are suffering. It was further requested that the state government and Bar Council of Uttarakhand and India provide subsistence allowance of Rs 10,000 or above to every advocate registered under the rolls of the Bar Council of Uttarakhand. Further, that free medical aid should be given to advocates who suspect themselves of having contracted the COVID19.
It also urged the Uttrakhand HC to provide subsistence allowance of 5,000 to registered clerks under Advocates. It also prayed to the Court to direct that lawyers be exempted from paying rent to any landlord for the month of March-April, 2020. Similar directions are sought to exempt lawyers from paying electricity fees. Moreover, it is also urged that lawyers be allowed to travel for urgent matters during the lockdown. Further, it also prayed that a direction be issued for the waiver of school fees during the period of the lockdown.
Additionally, the plea also asked for a direction to frame separate relief guidelines for advocates and for the waiver from bank interest on re-payment of loans in installments for the period of the lockdown.
Read the PIL here:
