Atul Raina
On evening of 24th of March, 2020, When Prime Minister of India Narendra Modi announced a nation wide lockdown initially for 21 days to contain the spread of Corona virus, number of advocates who practice in the High Court of J&K, Jammu, decided to find whatever transport they could to get back to their native villages in different parts of the Union Territory of Jammu and Kashmir.
That as the Lockdown was further extended till 17th of May, 2020 , the vast majority of advocates whose income was dependent upon fresh filling, miscellaneous works and hearing are facing hardships with only urgent matters allowed to be taken by the Hon’ble Courts. The Corona virus lockdown is revealing deep income disparities in the legal profession. The lockdown forced legal profession also to adopt the strategy of ‘Work from Home’ and many advocates are facing difficulties to handle the technology due to less digital skills.
The young lawyers who have just entered the world of Legal Profession are finding it difficult to cope due to lack of work. They have missed out on learning from Senior Advocates by observing their mode of work or hearing them argue in a Court. The economic impact would be even greater with the young lawyers earning less income in the period which might discourage the young lawyers to continue in the field. The vast majority of advocates especially in lower courts i.e. District Courts, Munsiff Courts, function on a case-to-case basis for their income and these advocates are without any income since the lockdown has been announced nationally. And as the Courts are not functioning their economic condition is deteriorating. The lack of cases are impacting the advocates professionally and economically.
That as the Nation wide Lockdown has been announced on 24th of March, 2020, the Judiciary, from the Supreme Court to the lowest Courts, decided that only extremely urgent cases to be taken by the Courts that would be done through video conferencing. But the term “Urgent matter” was left to the discretion of the Presiding Officers of the Courts. The Presiding Officer of the Court will look at the Term Urgent matter and decided if it should be allowed to be heard through Video Conferencing or not.
The Matrimonial cases too have got hit. Where a Parent that has not been given custody is allowed to meet a minor child in the Court Premises and the Courts are now closed. If a Parent doesn’t allow visitation, the other parent cannot even approach the Court for seeking implementation of its Order as these Cases are not considered as Urgent Matters. That the main sufferers are mostly Young Lawyers as there income depends upon the daily work and they don’t have any fixed source of income. The Young Lawyers take money, when they file case or get interim orders. There are number of first generation young advocates with no family legacy in the Profession.
Government of Jammu and Kashmir grants Rs 1 Crore as a relief for advocates in distress and whose livelihoods have been hit by the Lockdown. This time the applications have been invited from the advocates who are in dire need of financial assistance by the Hon’ble High Court of Jammu and Kashmir for consideration for payment of financial assistance but the amount of assistance and manner of disbursement is yet to be decided by the authorities.
The gravity of the suffering of advocates due to lockdown can be realized from the fact that a PIL stands filed by Lawyers Club Kashmir for seeking assistance from the Advocates Welfare Fund meant for Advocates. As the Courts have been closed from more than 45 days and some advocates who were living hand to mouth have been rendered without income. The advocates are suffering from day one of the lockdown but have kept themselves mum just to save their reputation of being ‘Royals’.
The sufferings and the deteriorating conditions of the advocates will remain till the Courts again start working normally, but it needs to be once again mentioned that this community of black coats be considered for financial help.
(The author is Advocate High Court of Jammu and Kashmir Jammu)
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