COVID-19: Lawyers urge CJI, BCI to create emergency funds for advocates in dire need of help

Two lawyers have written to Chief Justice S A Bobde and the Bar Council of India (BCI) seeking creation of an emergency fund for young practising advocates who are in "dire need" of financial help following the nationwide lockdown due to COVID-19 pandemic.

The letter, while highlighting the "tough time" being faced by young practising lawyers whose source of income is limited to litigation only, said that such advocates are facing financial crunch due to lockdown which, if extended further, would pose a serious threat to their life and liberty.

"It is time that the protector of fundamental and legal rights take care of this responsibility as a one class (bar and bench), rather than waiting for state or union relief fund as they have to take care of other professions and citizens at large," said the letter, written by advocates Pawan Prakash Pathak and Alok Singh.

Their letter, also addressed to the presidents of the Supreme Court Bar Association (SCBA) and Delhi High Court Bar Association (DHCBA), said that they are practising independently as lawyers since one year in Delhi and hail from different parts of India.

"It is humbly submitted that we are not advocating for the 'financial aid' as our 'fundamental right' during the current pandemic. Through the instant letter, we are only sharing the plight of young independent advocates who are facing the wrath of time," the letter said.

It claimed that various state bar associations are coming up with financial aid schemes for advocates but there is "no uniformity or equality" in those policies and there is "grey area" regarding lawyers who are not registered with any associations like SCBA and DHCBA.

"The objective of the instant letter is not to discourage the efforts of the respective state bar associations and their intention to fight the crisis of COVID-19. It is humbly submitted that the instant letter only try to convey the plight of young independent advocates who are not associated with any court bar association and still in dire need of financial help from the state bar or BCI," it said.

Referring to the Advocates Act, 1961, the letter said it provides for creation of financial fund for lawyers to protect their rights, privileges and interest.

It urged that an emergency fund should be created for young independent advocates who are in need of financial assistance during COVID-19.

The letter has also suggested several measures, including creation of dedicated single emergency pool fund with the help of bar and bench.