Unpaid legal interns: Victims of a regulatory void in India

Ria, a diligent law student, yearned to intern at a prestigious firm. She possessed every credential to secure an internship in any top law firm in Delhi, but did not have the means to survive without a stipend.

Her family could barely afford her education, let alone the expenses of working for free. Despite her stellar grades, doors remained closed, reserved for those with deep pockets. With each rejection, Ria’s hope dwindled. She watched as classmates flaunted their internships, oblivious to the privilege they carried.

Ria is a fictional character, yet her narrative mirrors the reality faced by numerous law students in India during the later semesters of their academic journey.

In a New York Times opinion piece in 2012, Charles Murray excellently portrayed how unpaid internships pose a significant challenge to students from lower-middle-class backgrounds, especially in the cases where they need to relocate. He writes about unpaid internships,

“It amounts to career assistance for rich, smart children. Those from the middle and working class, struggling to pay for college, can’t afford to work for free. Internships pave the way for children to move seamlessly from their privileged upbringings to privileged careers without ever holding a job that is boring or physically demanding.”

In the pursuit of a legal education in India, internships play a crucial role in shaping the future of budding lawyers. Rule 25 of the Bar Council of India Rules mandates that every registered law student must undergo internships during the academic year. For three-year law courses, students are required to complete at least 12 weeks of internship, while five-year law courses necessitate 20 weeks of internship. These internships serve as invaluable opportunities for students to gain practical experience, apply theoretical knowledge and explore various legal domains under the guidance of practicing lawyers. Numerous public and private educational institutions assign academic grades to these internships, imbuing them with both practical significance in the legal field and normative value in terms of grading and certification.

While regulations mandate internships for law students, the lack of a rule for remuneration perpetuates exploitation and inequality, exacerbating existing socio-economic disparities. Students hailing from lower-middle-class backgrounds face significant challenges in relocating for unpaid internships. Consequently, a considerable number of deserving students lack professional experience, thereby diminishing their competitiveness in future job applications. The future of a nation hinges upon the education and empowerment of its youth. By allowing the exploitation of young legal interns through unpaid internships, we not only fail to uphold their rights, but also impede the progress of our society as a whole.

The prevalence of unpaid internships persists across law firms, legal NGOs and chambers, and is becoming more and more ubiquitous in the absence of any regulations governing internships. The reliance on unpaid labour perpetuates socio-economic disparities within the legal profession, reinforcing elitism and hindering diversity and inclusion efforts. Unpaid internships pose numerous challenges for aspiring lawyers, including financial strain, limited access to opportunities and exploitation. The absence of remuneration for internships also hampers students’ professional development and career progression.

In many countries, interns are entitled to compensation if their services or work benefit the employer. However, India lacks a protective policy akin to this in its labour laws. In India, the labour market is governed by various acts like the Industrial Disputes Act 1947, The Employee’s Compensation Act 1923 and the Minimum Wages Act 1948, among others. While India has a comprehensive framework of laws safeguarding the rights of workers, employees, and labourers, there exists a glaring gap when it comes to internships. The definitions of workmen or employees outlined in these acts do not encompass interns. Despite their increasing prevalence across various sectors, internships remain largely unregulated in terms of payment.

Interns, often young individuals seeking to gain practical experience and skills, are frequently taken advantage of by firms that fail to compensate them for their work.

Moreover, the lack of a legal framework governing internships absolves legal firms and lawyers of their responsibility to provide a conducive work environment. Without the threat of legal repercussions, firms may neglect to implement necessary safety measures or uphold standards of workplace fairness and equality.

Addressing this issue requires significant legislative intervention. The Education and Labour Ministries must collaborate to develop a robust policy specifically targeting intern payments. This policy should be endowed with the same authority as other employment-related laws, ensuring its enforcement and compliance by all stakeholders.

In a nation governed by the principles of equality and justice, the prevalence of unpaid legal internships stands as a stark contradiction to the very fabric of the Indian Constitution. Article 14 unequivocally guarantees equality before the law, prohibiting discrimination on various grounds including that of employment. Moreover, Article 21 ensures the right to fair and just emoluments, directly addressing the issue of adequate compensation for labour. Yet, the practice of unpaid legal internships persists, disregarding these constitutional mandates and perpetuating a system of exploitation. Legal interns are often expected to work without any form of remuneration.

Bringing in rules to ensure adequte remuneration of interns for their work will not only protect their rights, but also foster a culture of fairness and accountability within the workforce. By recognizing the value of intern labour and providing them with equitable compensation and working conditions, India can harness the full potential of its future workforce while upholding principles of social justice and equality.

Ummar Jamal is a final year law student and National General Secretary of the J&K Students Association.