BCI files plea in Supreme Court seeking financial assistance to advocates by way of interest free loan

The Bar Council of India (BCI) has approached the Supreme Court seeking direction to the Central Government and the State Governments to arrange financial assistance for advocates affected by COVID-19 pandemic lockdown.  It has proposed granting interest free loans of upto Rs.3 lakhs each to advocates through their respective State Bar Council. the load shall be repayable in reasonable monthly installments at-least 12 months after normal court functioning commences. Alternately, it seeks directions to the Centre and respective State Government to financially support the needy advocates through respective Bar Association by depositing the amount directly into the advocate's account.

The petition states that the prolonged closure of the courts and tribunals all over the country since March 2020 due to the lockdown to combat COVID–19 pandemic has resulted in depriving a majority of advocates their only source of income. "This has affected all sections of the profession and the younger and junior advocates are hit hardest financially. Large number of them has various commitments to meet apart from keeping their and their family's body and soul together", the BCI says. According to the plea, about 25% to 30% of the advocates enrolled would be in need of immediate financial help.

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The plea also highlights that there is no scheme applicable countrywide to provide financial assistance to the needy advocates. It says BCI also does not possess the necessary financial resources to help the needy advocates at this hour of crisis. "The Bar Council of India does not get any subscription money from the advocates periodically. The Bar Council of India receives only a fraction of the one-time enrolment fee paid by the advocates at the time of enrolment and the funds at the command of the Bar Council of India are barely sufficient to meet its regular expenses", the petition says.

It urges the court to ensure the meaningful enjoyment of the rights guaranteed under Articles 21 of the Constitution of India to give effective and immediate assistance to advocates.  The advocates, according to the plea, form an essential and integral part of the justice delivery system and it is necessary to look after the well-being of this important segment of the system. 

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