Madras High Court Orders Stipends for Junior Lawyers
Last Updated on June 13, 2024 by News Desk
Issue:
The Madras High Court mandated the Bar Council of Tamil Nadu and Puducherry to ensure that junior lawyers receive a minimum monthly stipend of Rs. 15,000 to Rs. 20,000. This directive was modified in a subsequent order, emphasizing that monthly stipends must be paid to all junior lawyers employed by senior lawyers.
Rule:
The court’s directive highlighted that young lawyers should not endure the same hardships faced by previous generations. Justice SM Subramaniam and Justice C Kumarappan underscored the necessity of creating a supportive environment for young lawyers. The court emphasized that financial suffering should not be considered an intrinsic part of the legal profession, referencing Article 21, which guarantees the right to life and personal liberty, extending its protection to young lawyers as well. The court deemed it unacceptable for young lawyers to work without payment.
Application:
A minimum stipend of Rs. 20,000 was set for junior lawyers in Chennai, Madurai, and Coimbatore, while Rs. 15,000 was set for other districts, based on the basic cost of living and cost index in the state. The Bar Council was instructed to determine the eligibility criteria for “young lawyers.” The court emphasized the importance of addressing payment disparities between genders and ensuring that transgender lawyers are also included.
The order stemmed from a plea to enforce The Advocates’ Welfare Fund Act, 2001, in Puducherry Union. The court had previously suggested the Bar Council establish a minimum stipend to safeguard the livelihood of junior lawyers.
When the matter was reviewed, Advocate CK Chandrasekhar, representing the Bar Council, indicated willingness to comply with the payment directive and requested two months to issue the necessary circulars. The court, however, mandated that the circulars be issued within four weeks and a compliance report be submitted.
Conclusion:
The directive to provide stipends to junior lawyers was issued by the Madras High Court to alleviate financial hardships faced by new entrants into the legal profession. This initiative aims to create a more equitable and supportive environment for young lawyers, ensuring their financial security and professional growth.
Written by — Athi Venkatesh
