Financial Assistance to Advocates

To, The Hon’ble Prime Minister of India,

Government of India, E Block,

Central Secretariat, New Delhi – 110 011.  

Subject:           Request seeking formulation of policy / taking decision to provide interest free long term loan for practising advocates in different courts throughout the territory of India up to Rs.10,00,000/- (Rupees Ten Lakhs Only) payable in equated monthly instalments having moratorium period of one year after physical opening of court or after official notification regarding conclusion of ongoing pandemic period pursuant to Covid19.

Hon’ble Sir,

1.      We the undersigned, write to your kind self to bring attention to the tough time faced by the members of the legal fraternity due to the ongoing COVID – 19 pandemic. Your kind self might be aware that the present pandemic has adversely affected a large number of advocates throughout the country and most of them are living in a state of extreme hardship.  

2.      That a large majority of the advocates earn on daily basis. Due to closure of the physical proceedings in courts, a limited number of cases are taken up through online mode and it results in almost no earning for a large section of advocates. Many lawyers had to go back to village home in order to avoid their rental and living expenses.  

3.      That several incidents have been reported in various parts of the country of advocates committing suicide due to the financial crunch.[1]Also, several advocates are forced to do works like weaving baskets, selling vegetables / street foods and taking up conventional jobs to make their ends meet.

4.      That Advocates play a significant role in the administration of justice which is the very foundation of a civilized society. Advocates have also played a great role in enlightening the society regarding the laws and right available to them and helping in enforcing their legal and constitutional rights.  

5.      That Article 21 of the Constitution of India provides with Right to life, whereas Article 19(1)(g) provides with right to practise any profession subject to clause 19(6) of the Constitution of India.  

6.      That in the case of Olga Tellis v. Bombay Municipal Corporation (AIR 1986 SC 180), popularly known as “Pavement Dwellers Case”, a five judge bench of the Apex Court, observed: “The sweep of right to life conferred by Article 21 is wide and far-reaching. It does not merely mean that life cannot be extinguished or taken away as, for example, by the imposition and execution of death sentence, except according to the procedure established by law. That is but one aspect of the right to life. An equally important facet of the right of life is right to livelihood because no person can live without the means to livelihood.”  

7.      That livelihood may include basic shelter, food, education, occupation and healthcare. Due to closure of physical proceedings of the court and taking up of limited number of cases through virtual proceedings, the basic fundamental right of advocates are being violated. Several protest have taken place at various parts of the country for re-commencement of physical functioning of courts and filing but till now, no positive action has been taken in this regard.  

8.      That Rules 47 to 52 of Chapter VII the Bar Council of India Rules place a restriction on advocates for taking up any other form of employment. Rule 52 permits lawyer to take up part-time employment but the same should be done with permission of State Bar Council  and nature of work must not be against the dignity of legal profession or in conflict with professional work. Section 35 of the Advocates Act, 1961 also prohibits a lawyer from possessing license to practise if they engage in non-legal job or profession.  

9.      That a three judge bench of Hon’ble Supreme Court headed by Hon’ble Chief Justice has reiterated in ‘In Re: Financial Aid for Members of Bar Council Affected by Pandemic (Suo Moto WP(C) No. 8/2020)’ has reiterated that Advocates cannot take up any other profession and they are not permitted to earn livelihood by any other means. They observed: “We are conscious of the fact that the advocates are bound by Rules which restrict the income only to the profession. They are not permitted to earn a livelihood by any other means”.  

10.  That Section 13 of the Disaster Management Act, 2005, provides for grant of financial relief including loans on concessional terms to the person affected by disaster. The government has already taken various steps to provide relief to certain section of the society including Micro, Small and Medium enterprises. In the present situation there is need of similar, appropriate and adequate relief for the suffering advocates too.  

11.  That loan may also be given on personal guarantee of the advocates by taking corporate guarantee from Bar Council of India or from respective State Bar Councils. The Government may also direct NATIONAL CREDIT GUARANTEE TRUSTEE COMPANY (‘NCGTC’ for brevity) by adding advocates also as one of its category to the existing schemes like Skill Development; Education loans; Factoring; Micro Units and Standup India for providing such loans under this scheme through suitable channels. These schemes are guaranteed by Emergency Credit Line Guarantee Schemes (ECLGS) which is launched by Government of India as special scheme in view of COVID – 19 crises. In addition to these above the Central Government can also extend health insurance coverage to all advocates as part of Ayushman Bharat Scheme and amidst this COVID-19 crisis, it may be very much useful for advocates and their families.  

12.  That in this regard it is respectfully submitted that the Government of India is providing credit facilities to the farmers on nominal interest rate and considering the parity in the present situation, the government of India may consider similar policies of financial support to the legal fraternity.  

13.  That till today several representations has been submitted to concerned authorities by various advocates, bar associations etc. but Union of India has no financial package for the advocates and no relief package is issued by the government of India. Hence, we humbly request you to take immediate steps in this matter for setting up policy / take decision for providing interest free long term loans to advocates up to Rs. 10,00,000/- (Rupees Ten Lakhs Only) in equated monthly instalments having moratorium period of one year after physical opening of court or after official notification regarding conclusion of ongoing pandemic period pursuant to Covid19, whichever is suitable.

With regards...

Yours sincerely

Lawyer’s Initiative

(A Lawyer's Group)

Copy to: 1.         The Hon’ble Chief Justice of India, Supreme Court of India, New Delhi.

2.         The Hon'ble Finance Minister of India, Government of India, New Delhi.

3.         The Hon’ble Minister of Law and Justice, Governement of India, 4th Floor, ‘A’ Wing, Shashtri Bhawan, Rajendra Prasad Road, New Delhi – 110 001. 

4.         The Hon’ble Chief Justice. Patna High Court, Patna.

5.         The Hon’ble Chief Minister of Bihar, Government of Bihar, Patna

6.         The Chairman, Bar Council of India, 21, Rouse Avenue International Area, Near Bal Bhawan, New Delhi – 110 002. 

7.         The Chairman, Bihar State Bar Council, Bihar Bar Council Bhawan, Patna.

[1]https://mumbaimirror.indiatimes.com/coronavirus/news/lawyer-dies-by-suicide-in-ulhasnagar/articleshow/76654591.cms

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