The Jharkhand High Court recommended the implementation of insurance benefits for lawyers. This move aims to provide financial security and support to legal practitioners. The court emphasized the importance of safeguarding the welfare of lawyers, acknowledging their crucial role in the justice system.
Jharkhand: The Jharkhand High Court instructed both the Central and State governments to create guidelines providing life and medical insurance benefits for lawyers.
This decision stems from a Public Interest Litigation (PIL) initiated by Bidesh Kumar Dan, which shed light on the financial difficulties faced by lawyers and the insufficient governmental support available to them.
The case, identified as Bidesh Kumar Dan v. Union of India & Ors., W.P. (PIL) No. 1956 of 2021, brought forth by Bidesh Kumar Dan, an advocate practicing in the Civil Court of Dhanbad. Dan argued that the COVID-19 pandemic severely affected the livelihoods of lawyers, who are restricted from engaging in other professions by current regulations. The petition requested the inclusion of advocates and their families in the Ayushman Bharat Health Insurance Scheme and advocated for comprehensive insurance coverage for the legal community.
The main legal issues examined in the case included:
- The need to provide life and medical insurance benefits to lawyers.
- The obligation of the State and Central governments under Article 21 of the Indian Constitution to safeguard the lives and welfare of all citizens, including advocates.
- The duties of the Bar Council of India (BCI) and the Jharkhand State Bar Council (JSBC) under Sections 6 and 7 of The Advocates Act, 1961, to establish welfare schemes for indigent, disabled, or other advocates.
The bench, consisting of Chief Justice Dr. B.R. Sarangi and Justice Sujit Narayan Prasad, highlighted the crucial role lawyers play in the administration of justice and the financial challenges many of them encounter.
The court noted,
“It appears that though the lawyers’ community is helping the people by discharging their duty in the dispensation of justice, they are not being given justice either by the State or by the Union. Therefore, the time has come that the lawyers should be protected by providing insurance benefits like health and other benefits, which are admissible under the law.”
The court instructed the counsel for the State and Union of India, as well as the BCI, JSBC, and the President of the Advocates Association, to document the measures taken to secure these benefits for the concerned individuals.
The case scheduled for further hearing on July 31, 2024.
The court made several important observations.
Lawyers provide highly essential services, yet many struggle to sustain themselves due to financial constraints. Both State and Central governments should work towards protecting lawyers’ lives by developing guidelines for life and medical insurance benefits.
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The court stressed the urgency of this issue, stating,
“Their services are highly essential and many of the lawyers are not able to maintain properly because of paucity of funds, as such this endeavour should be made at the level of the State and the Central Government so that the lawyers’ community be protected.”
This recommendation aims to address the financial insecurities that lawyers, particularly those in the early stages of their careers, may encounter. By advocating for these benefits, the Jharkhand High Court seeks to ensure that lawyers receive the necessary support to continue their essential work in the justice system without the added burden of financial instability.
Read Judgement: Bidesh Kumar Dan v. Union of India & Ors.
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