Background Matrix
In the matter of Bidesh Kumar Dan v UOI plea filed by an advocate, Bidesh Kumar Dan stated that due to the spread of Covid-19 and the non-functioning of courts since March 2020 adversely impacted the advocates’ means of subsistence as a result, it is the state’s and the appropriate authority’s responsibility to assist them during this difficult time. The Advocate Act of 1961 forbade advocates from working in any other profession, hence they were unable to do so. Further, the plea contends that Respondent No. JSBC and BCI are required by Sections 6 and 7 of The Advocates Act, 1961 to arrange welfare programs for the poor, the disabled, and other advocates. However, because there are so many needy advocates, the JSBC and BCI are unable to financially support them, and they, therefore require government support and assistance.
Relevant Provision
The State Bar Council’s responsibilities are outlined in Section 6 of the Advocates Act of 1961. The Council shall permit applicants to be classified as advocates and shall create, maintain, and keep a record of such role.
The Advocates Act of 1961’s Section 7 outlines how to provide money to set up welfare programs for impoverished solicitors and how to provide legal aid or advice in compliance with the guidelines adopted in this regard.
Court Conclusion
In response to a request for medical insurance for attorneys and their dependents, the Jharkhand High Court bench of Justice Sanjaya Kumar Mishra and Justice Ananda Sen served notice on the Central government, State government, Bar Council of India, and Bar Council of Jharkhand. Responses must be sent in four weeks.
Prayer
The petitioner asked the Ministry of Law and Justice and the Government of Jharkhand to give the Jharkhand State Bar Council immediate financial support so that it could sustain all the State’s regular practitioners and indigent solicitors. The following relief was requested in the plea:
- To give advocates in Jharkhand and their dependents with medical insurance coverage.
- Ayushman Bharat Health Insurance Scheme coverage should be expanded to include advocates and their dependant family members.