“Extracting Work Without Payment Is Exploitation”: Madras High Court Calls For Bar Council To Set Minimum Stipend For Junior Lawyers
The Madras High Court, in a recent ruling, stated that the employing junior lawyers without paying them is a form of exploitation, directly violating fundamental rights enshrined in the Constitution of India.
A bench comprising Justice SM Subramaniam and Justice C Kumarappan ordered the Bar Council to ensure that “minimum stipend is paid by the lawyers, who all are engaging the services of the young lawyers.”
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The ruling was based on a writ petition filed by Farida Begam who sought the implementation and enforcement of The Advocates’ Welfare Fund Act, 2001, in Puducherry. The petition highlighted the delay in processing over 200 applications submitted by the lawyers who were seeking benefits under the state’s Advocate Welfare Fund.
Observing that young lawyers in Tamil Nadu’s Bar Council were struggling to survive in an environment where senior lawyers were using their services without paying even the minimum amount to meet their livelihood, the court advocated for the Bar Council to take actions to protect the interests of the junior lawyers. Additionally, the bench stated that the State Bar Council’s one of the functions is to preserve the rights, privileges, and livelihoods of the young advocates who have enrolled with big dreams.
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Representing the state’s Bar Council, Advocate CK Chandraasekar cited the non-payment of funds by the state government as well as the pending approval by the Puducherry government for the Welfare Scheme as the reason behind the delay in pay out.
The bench noted, “Exploitation at no circumstances can be permitted nor be appreciated. Therefore, it is the function of the Bar Council to ensure that the livelihood of these lawyers are protected by fixing minimum stipend to be paid in the event of engaging the services of the junior lawyers, who have enrolled.”
