Begins with the late March 2020 nearly all the court proceedings are closed due to pandemic COVID19, all the district courts have given notifications and circulars that all the current hearing matters are adjourned with the gap of more than 3 to almost more than six months.
Who will raise the issues of Junior Advocates in a pandemic?
In regular proceedings, many advocates were happy with the long dates but after March 2020 it is not feasible to all. As many junior advocates who just started their advocacy and joined the firms of senior advocates are losing their faiths day by day as COVID19 situation raising. Why I'm gonna raise this issue now? So answers are as follows....
FAQ
Why Junior Advocates losing their faiths day by day?
As lockdown started in late March in Maharashtra and another state of the country, many junior advocates are struggling for bread and butter within the months of lockdown, as all the firms are closed due to pandemic situation and no courts proceedings are going on and they missed their earning sources as many of junior advocates are working on the stipend basis which hardly begins with 5k to 10k as they are new in the profession, but anyhow they managed within it.
But as pandemic started and courts closed, they started facing the problem of earning, as many junior advocates who just started their profession leave the cities and went back to the hometowns are struggling more. As in few rupees stipends which them getting from the firms stopped on shorts notices with the messages as no courts proceeding is going of how can firm would pay them, and the sky fell. The few rupees stipend vanished from the pocket withing months and they started facing the economic crises.
And in the current struggle the news coming from the head authority Bar Council of India’s rule to allow advocates to engage in other professions or do business till December end, raised the disheartenment of the juniors. And elevated the bundle of questions of the future.
Why the questions are big before the junior advocates?
As a junior, they are not holding individual cases as a primary source of income, as they practicing on the cases with their seniors or the firms therefore whatever the stipends, they are getting is the only source of income for them. As major authority Bar Council of India given certain guidelines to the advocates that they are free to work or associate with the business but have to surrender the license which is not feasible for everyone, many of junior advocates do not possess the fund to starts or jump on another business or work with another profession to solve the earning issues. But is it feasible for them to surrender the license of the practice of advocate which given by the authority of head Bar Council of India?
And the answer is NO, because somehow if anyone surrenders the license to the bar, for getting the new license it would take around 25k which amount changes with the bar to bar, but really, is it feasible? No, it is not. Because getting the new license is a hectic and lengthy procedure as requires many more documents, but doesn’t know about the reissuing of license but It’s almost a deal of the more than 30k that would not feasible for juniors. And changing the profession for a few days is not a decent decision to anyone, many of junior advocates hoping from the bar councils and government to take some positive acts to survive the advocates in a pandemic.
How advocates are protesting about their worsen situations and decisions of the Bar Council of India?
The images coming from the Cuttack, Orissa, and Junagadh, Gujrat respectively, in which practicing advocates sold vegetables to highlight their plight outside the courts. And raised the many questions by the advocates who were talking about the core issues of income, Bar Council India instead of supporting the advocate's given the option to surrender their license is deteriorating.
Photo Courtesy - TOI
What are the solutions to this pandemic about practicing law?
As since from the many years, advocates were pleaded to the courts regarding the virtual proceedings but didn’t accept by the courts, now in this pandemic, this is the highly recommended solution from many advocates to starts the proceeding and minimize the pendency of cases, which it correct solution as it stopes the advocates and other essential staffs from the physical appearance which is kind of social distancing within the proceeding which minimizes the chances of spreading of pandemic COVID19, many High Courts started the virtual proceeding and its working now, so the demand and solution is that, to starts the virtual proceedings in lower courts and minimize the earning issues of many peoples who survive on the advocacy profession, as they are not getting salary from the government. And the major point is to lower the pendency of cases.
Who will raise the issues of Junior Advocates in a pandemic?
Started from the Bar Council of India to the union law minister Ravi Shankar Prasad needs to handle these issues of junior advocates and support them to survive in this pandemic COVID19, as higher authorities both situations should have to do something for the advocates to survive in this situation.
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