Jharkhand Government Clears Bill for Stipend, Pension, and Insurance for Lawyers: A Progressive Step in Advocates' Welfare

In a significant move aimed at improving the welfare of the legal fraternity, the Jharkhand government has approved a comprehensive bill that provides stipends, pensions, and medical insurance to lawyers practicing in the state. This decision was taken during a state cabinet meeting on September 6, 2024, chaired by Chief Minister Hemant Soren. The new bill is poised to offer financial support and security to around 30,000 advocates in Jharkhand, reflecting a growing trend across Indian states to enhance the well-being of legal professionals.

Key Features of the Jharkhand Bill

The new law, advocated by Rajiv Rajan, the Advocate General of Jharkhand, aims to address various financial challenges faced by legal practitioners, particularly younger and struggling advocates. The following provisions have been incorporated into the bill:

• Medical Insurance: Every practicing advocate in Jharkhand, approximately 30,000 in number, will receive a medical insurance cover of ₹5 lakh. This is a critical benefit that will ensure that lawyers have access to necessary healthcare services without incurring overwhelming out-of-pocket expenses.

• Pension Scheme: Retired advocates will receive a monthly pension of ₹14,000, providing financial security in their later years. This pension scheme will be instrumental in supporting advocates who have dedicated their lives to the legal profession but may not have substantial savings to rely on after retirement.

• Stipend for Young Advocates: A stipend of ₹5,000 per month will be provided to young advocates for the first five years of their practice. This stipend is expected to alleviate the financial strain faced by new lawyers as they establish their careers. Many young advocates often struggle with low incomes during the initial phase of their legal practice, making this stipend a welcome relief.

This bill reflects the government's recognition of the need to support the legal profession and the significant role that advocates play in ensuring justice and upholding the rule of law.

Context and Comparison with Other States

Jharkhand's decision to implement such a comprehensive welfare scheme is not an isolated development. Other states in India have also taken steps to improve the financial conditions of their legal professionals, particularly junior lawyers. The move follows similar initiatives in states like Kerala, Tamil Nadu, and Delhi, which have made efforts to provide stipends and health insurance for advocates.

In Kerala, a stipend scheme was introduced in 2023, offering ₹3,000 per month to young lawyers under the age of 30, with less than three years of practice and an annual income of less than ₹1 lakh. This initiative was aimed at helping junior lawyers in Kerala cope with the initial financial challenges of legal practice.

Similarly, the Bar Council of Tamil Nadu and Puducherry issued a circular earlier this year, urging bar associations across the state to implement a minimum stipend for junior lawyers. As per the circular, advocates and Senior Advocates employing junior advocates in cities like Chennai, Madurai, and Coimbatore must pay them a stipend of ₹20,000 per month. This circular was issued in compliance with an order passed by the Madras High Court, emphasizing the need for financial assistance to young lawyers.

The Delhi High Court also recently directed the Bar Council of India (BCI) to decide within six weeks on a representation regarding the payment of a minimum stipend to junior lawyers employed by advocates and senior advocates. Additionally, the BCI itself has urged the Central government to introduce a comprehensive medical or health insurance scheme for advocates and their families, highlighting the growing demand for such welfare measures in the legal community.

Growing National Focus on Advocates' Welfare

The welfare of advocates has become a growing national issue, with several public interest litigations (PILs) being filed to ensure the financial security of lawyers. For instance, earlier this year, a PIL was filed before the Allahabad High Court seeking a health insurance policy for lawyers registered with the Bar Council of Uttar Pradesh. This petition echoed the demands of legal professionals across India for better healthcare and financial support.

The inclusion of such welfare measures by various state governments and the active involvement of the judiciary in advocating for better support for lawyers signals a broader national focus on the importance of safeguarding the rights and welfare of legal professionals. The role of lawyers is essential to the justice delivery system, and ensuring their financial stability enhances the efficiency and accessibility of the legal profession for the public.

Implications of the Jharkhand Bill

The Jharkhand government's new bill is a progressive step towards ensuring that advocates, especially those in the early stages of their careers, receive the financial support they need. It also provides a safety net for senior advocates in the form of pensions and medical insurance, which will help reduce the uncertainties faced by legal professionals.

The bill is likely to serve as a model for other states that have yet to implement similar measures. As the legal profession evolves, there is a growing need to ensure that lawyers, particularly those who work in less affluent regions, have access to essential services and support systems.

Moreover, this move by the Jharkhand government demonstrates an increasing awareness of the importance of providing lawyers with not just a platform to practice law but also the financial security to do so effectively. Advocates often bear a significant burden, defending the rights of individuals and corporations alike, and ensuring their well-being is critical to a healthy judicial system.

Conclusion

The Jharkhand government's decision to clear the bill providing stipends, pensions, and medical insurance for lawyers marks a watershed moment in the legal profession’s welfare reforms in India. Following the path laid by other states like Kerala and Tamil Nadu, Jharkhand has taken a commendable step towards enhancing the financial security of advocates, ensuring that they can focus on their professional duties without undue financial stress.

As states across India continue to address the welfare needs of their legal professionals, such initiatives may lead to a broader national framework aimed at standardizing support measures for lawyers. Ultimately, by improving the financial stability of advocates, India can strengthen its legal system, ensuring better access to justice for all.