BCI moves plea urging SC to direct Govt to provide interest-free loans up to Rs 3 lakhs each for lawyers in need due to COVID-19

The Bar Council of India (BCI) has filed a writ petition in the Supreme Court drawing the attention of the top Court to the "precarious financial position" of lawyers affected due to the closure of courts amid COVID-19 pandemic (Bar Council of India vs Union of India & anr)..The plea filed through Advocate SN Bhat urges the Court for directions to the Government authorities so that loans up to Rs 3 lakhs can be given to lawyers "repayable by the advocate concerned at least 12 months after the normal functioning of the courts begins in reasonable instalments.".The writ petition filed under Article 32 states that the "prolonged closure of the courts and tribunals all over the country since March 2020 due to the lock-down" has resulted in depriving the majority of the advocates their only source of income..[COVID-19] More than Rs 8 crore given to 16,000 advocates, BCD says in plea before Delhi HC for release of grant from Advocates Welfare Fund."This has affected all sections of the profession and the younger and junior advocates are hit hardest financially. Large number of them have various commitments to meet apart from keeping their and their family’s body and soul together. The situation of some of them is so grim that it may not be an exaggeration to say that they face virtual starvation and they require urgent and immediate financial aid and succor."reads the plea..The petition notes that significant section of lawyers have no real savings to fall back on and that they are dependent on the regular functioning of the courts and tribunals for their livelihood.."They are particularly vulnerable financially since they are relative beginners in the profession and therefore, their financial position is very precarious", reads the petition..The BCI goes on to submit that it does not have the funds to help the lawyers in need as it receives "only a fraction of the one-time enrolment fee paid by the advocates at the time of enrolment." It is added that the BCI's funds are barely "sufficient to meet its regular expenses." .It is also pointed out that in many States "the proceeds of the Advocates Welfare Stamp duty collected at the time of filing of the vakalatnama in courts goes to the coffers of the Governments of the respective States.".Thus, there is a regular contribution made by the advocates to the Government funds while they carry on their practice apart from the various taxes paid like other citizens, the petition notes. .Whereas various State Bar Councils have devised financial assistance schemes for the lawyers enrolled with them, it is stated that these State Bar Councils only have modest funds which are not enough help the advocates in an effective and meaningful manner. The BCI adds that,."It is now felt that the assistance schemes formulated by the State Bar Councils are wholly inadequate looking at the enormity of the problem faced by the lawyers due to the closures of the courts and the tribunals since March, 2020 and only the partial re-opening of the judicial fora.".Plea moved before Delhi HC to grant medical, term insurance to advocates registered under CM Advocates Welfare Fund.Therefore, the BCI has now urged for the intervention of the Supreme Court on the issue so that the Government is directed to financially support the lawyers in need, including by way of interest-free loans up to Rs 3 lakhs. .[READ PETITION]