PIL for the Financial aid to Advocates and Registered advocate Clerks in State of Jharkhand and organizing training programmes in the form of Webinar for the young advocates
Vikash Kumar Vs. State of Jharkhand & others | The Court of Jharkhand at Ranchi | Status: Pending |
Mr. Vikash Kumar is a respectable man in the society and is a practicing advocate in Civil Court, Palamu. He has a genuine concern regarding the welfare of advocates. The Covid-19 is an extraordinary situation which mankind has ever witnessed, moreover the rapid spread of the virus poses unprecedented challenges throughout the world. Fortunately there is also new epidemiologic data emerging from W.H.O indicating that it is possible to bring this epidemic under control with draconic measures which is being responsibly adopted by our government to contain the same. The Profession of Advocacy is a noble Profession and advocate are doing bit in these trying times by appearing in courts through video conferencing and pleading on behalf of clients help in keeping the legal and rightful social balance alive as human rights, title and interest and legal rights cannot be allowed to be violated even in such trying times. Advocates duty is nothing short of social duty, responsibility and service, which advocates are still discharging.
The Advocate fraternity has no social security and if anything God forbid happens to our brother/ and sister/s, then his/her family, may be forced to lead a pitiful life, full of deprivation and starvation as most of our brother and sisters of the Fraternity are the sole or chunk bread earners of their families including wife, husband, children and aged parents. This is also applicable for the advocate clerks and they have also been affected because of the same. Our Advocate brothers and sisters are self respecting and maximum of them earn and live by the day or earnings of the week. However in such a time of crisis, when the courts are working in a restricted manner, and clients out of justified precaution, and fear are not flocking the courts, the work and earning opportunities have ceased. Many young, and/or not financially well off/needy Advocates are finding it exceedingly difficult to make ends meet. It is a question of keeping themselves and their families alive, by providing them with basic food and taking care of there medicinal and health needs. The families of many Advocates have come to the stage of starvation and soon huge numbers will follow suit.
Section Section 3 of the Jharkhand Advocates’ Welfare Fund Act 2012 constitutes a fund to be called the Advocates’ Welfare Fund. ). The sums specified in sub -Section (2) shall be paid to, or collected by, such agencies, at such intervals and in such manner, as may be prescribed. The Law Department of the State Government shall be the Administrative Department in respect of the Jharkhand Advocates' Welfare Fund and shall have powers to give instructions from time to time. It is also very clear from Section 3 that the Advocates' Welfare Fund generates large number of fund from different sources which can be used in this epidemic Condition. Mr. Vikash has no clue about the fund available in the Advocates welfare fund but this fund can really cater the needs of the poor and needy advocates. But, according to the Section 23(5) of Jharkhand Advocates’ Welfare Fund Act 2012 provides that he State Government shall keep proper accounts of the stamps in such form and manner as may be prescribed and the sale proceeds of such stamp shall be transferred to the fund after deduction of commission charges and the cost incurred by the state government on the printing of these stamps on closing of every financial year along with statement showing details of number of welfare stamps printed and sold during last financial year and the commissions paid and amount credited to the fund to be furnished before Trustee Committee. Jharkhand State Bar Council charges Rs. 3000 at the time of enrolment towards welfare account under Rule 40 which is payable to Bar Council of India welfare committee for the state of Jharkhand payable at Ranchi. Bar Council can used this fund in this difficult time to help the needy advocates. As per the Rule 5(III) of the Jharkhand State Bar Council New Advocates’ Stipend Rules 2016 the stipend shall be paid to the eligible advocates @Rs. One thousand per month.
Therefore, now it is high time that Trustee Committee decides to increase the stipend amount for the young advocates and also advance stipend can be paid to the young advocates of the State of Jharkhand. It is also necessary to know that whether State Bar Council have sufficient funds under Advocate Welfare Fund to cater the need of advocates in the present circumstances. Donations campaign can also be started to help young and need advocates and also the advocates clerks. It is high time that Bar and Bench should organize training programmes for the advocates in the form and webinar and other platform. Thus, Mr. Vikash Singh have moved before the Hon’ble High Court of Jharkhand by way of the Public Interest Litigation for the Financial aid to Advocates and Registered advocate Clerks in State of Jharkhand and organizing training programmes in the form of Webinar for the young advocates.