Bar Council of India has demanded from Government by representation Insurance cover upto Rs. 20,00,000/- for the Lawyers and their families (dependents), free medical treatment of every type of disease in best Hospitals of India & other countries, Stipend for needy new entrants at the Bar upto 5 years of their practice (Minimum Rs. 10,000/- Per Month), Scheme for pension for old/indigent Advocates and provision for family pension in case of untimely death of Advocates (Minimum Rs.50,000/- per month) and many other demand with a request to make a budgetary provision in the Annual Budget (at least 50,000 crores every year), this will meet the requirement of the Advocates of the Country.
Text of the representation is as follows:-
MANAN KUMAR MISHRA
Phone : 011-4922 5000
Fax : 011-4922 5011
E-mail : email@example.com
Website : www.barcouncilofindia.org
BAR COUNCIL OF INDIA
(Statutory Body Constituted under the Advocates Act, 1961)
21, Rouse Avenue Institutional Area, New Delhi – 110 002
Shri Narendra Modi Ji,
Hon’ble Prime Minister of India,
South Block, Raisina Hill,
The Lawyers are very important organs of the Society; we are called pillars of Justice; in the freedom movement the role played by the Lawyers is well known to everyone, it need not be repeated. Supreme Court says that we assist the administration of Justice.
On 1st March, 2014, the Bar Council of India had organized a massive function in Mahatma Mandir, Gandhinagar and your goodself was the Chief Guest of that Mega-event (closing ceremony of Golden Jubilee Celebrations of Bar Council of India). You were the Chief Minister of Gujarat at that time. Several sitting Judges of Supreme Court of India attended that function and you gave a clear assurance to the Lawyers of the country on the dias that if you become the Prime Minister of the country, you will make some Budgetary provisions for Lawyers, the Legal Profession and their welfare.
After your becoming the Prime Minister of India, we met Hon’ble Mr. Sadanand Gowda Ji (while he was the Union Law Minister) and we reminded him of all these things with a request to do something for Advocates. Mr. Gowda made some notes, he was proceeding in this direction, but then the Minister was changed. The State Bar Councils and Bar Council of India have been making requests after requests for redressal of the genuine grievances of the Advocates but we have, so far, not got anything.
I have no hesitation in saying that in past attempts were also made to curtail the rights and privileges of Advocates, to amend the Advocate Act, 1961. But, then we approached your goodself, the entire Legal Fraternity became united and decided to organize demonstrations, protests etc. and with your blessing; Lawyers are safe: we are obliged. We thank you for your support.
Ours is an independent profession and the Advocates Act was brought in the year 1961 after a long discussion of noted Parliamentarians, Judges and Prudent Legal Giants. An independent Bar can only ensure an impartial & fair judiciary. The day the legal professionals are subjected to be ruled by the Nominees of Judges or the Government, the democracy of the country will be ruined.
As stated above, by way of this letter I am trying to remind your goodself of the assurance given by you on 1st March, 2014 to the Lawyers of the Country.
The different Bar Councils and Bar Associations of the country have been making their genuine demands from the Union Government. All these demands are necessary requirements for the improvement of standard of Legal Profession of this Country. These were discussed and deliberated thoroughly in the Joint meeting of all the State Bar Councils, the High Court Bar Associations and the Coordination Committee of all the Bar Associations of Delhi and N. C. R.
Our Demands: –
1. Insurance cover upto Rs. 20,00,000/- for the Lawyers and their families (dependents).
2. Mediclaim: free medical treatment of every type of disease in best Hospitals of India & other countries (if needed) for the Advocates. Lawyers should be provided a “special card” for this purpose, so that they could avail the benefit of this schemes anytime, anywhere.
3. Stipend for needy new entrants at the Bar upto 5 years of their practice (Minimum Rs. 10,000/- Per Month).
4. Scheme for pension for old/indigent Advocates and provision for family pension in case of untimely death of Advocates (Minimum Rs.50,000/- per month).
5. Advocates Protection Act to be enacted for Advocates of the Country by the Parliament.
6. All the Bar Associations of the country should have adequate building/accommodation/sitting facilities with well equipped Libraries, e-libraries, with internet, toilets etc. and facilities for lady advocates.
7. Interest free housing loans, loans for Library, Vehicle for the needy Advocates. Government should acquire lands at cheaper rates for the Housing of Advocates.
8. Legal Services Authority Act – Amendments & necessary changes should be made in the Act so that the functions under this Act could be discharged by the Lawyers (and not the Judges or Judicial Officers only).
9. All the Acts (which provide for appointments of retired Judges/Judicial Officers as the Presiding Officers/Member of different Tribunals, Commissions or Forums/ Authorities) should be properly amended so that competent Advocates (and not only the Judges) could also be appointed on these places.
10. In case of untimely death of any Advocate (below 65 years of age) due to accident, murder, any disease, the Government should grant the family/ dependents at least a sum of Rs. 50,00,000/- (fifty lakhs).
We are simply requesting your goodself to make a budgetary provision in the Annual Budget (at least 50,000 crores every year), this will meet the requirement of the Advocates of the Country. The Bar Council of India or State Bar Councils do not require this money to be transferred in their own Accounts. But, we simply request that this money could be spent through the Trustee Committees which are to be headed by the Advocate-General/s. The provision may be made to constitute a 7 member committee in every state (consisting of the Ex-Officio Members of Bar Councils, the Chairmen of State Bar Councils, 2 Members of State Bar Councils and 2 elected Members from the Bar and 1 Member nominated by the High Court).
The said amount every year and the interest accruing from this amount will serve the purpose of the Bar. All our demands would be fulfilled. This money should be distributed among the State Bar Councils according to the number of lawyers practicing/enrolled in every State.
The Budget Session is to begin soon, our request is very simple. As citizens of this country, the lawyers and their families have also the right to get the bare minimum requirements of life and to live a respectable and secured life.
Bar expects a positive reply and quick response with regard to the above noted grievances. The Joint Meeting of Lawyers’ bodies has many expectations from this Government. We hope to get a reply before 31st January, 2019. The next Joint Meeting of the Bar Councils and High Court Bar Associations is fixed for 9th/10th February, 2019. Earlier, the meeting had decided to organize a massive demonstration at Delhi, but, we thought it proper to make your goodself acquainted with the demands once again and to make this request before taking any further step.
(Manan Kumar Mishra)