Kerala High Court addresses delay in Disbursement of Advocates Grant Scheme Funds to the eligible Lawyers.
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KERALA: The Kerala High Court has emphasized the critical role of financial support for advocates, especially those from disadvantaged sections of society. The court’s remarks came during a hearing concerning the delay in disbursing funds under the Advocates Grant scheme, a program initiated by the Backward Classes Development Department. This scheme, designed to aid eligible lawyers, provides ₹12,000 annually for three years.
The court expressed its concern over the Department’s explanation that the delay in fund allocation was due to a shortage of financial resources.
“This court has been emphasising that we need competent advocates from every section of society and this is the imperative requirement of effective social engineering. If an advocate is unable to pursue the profession solely on account of fiscal constraints, it will be a very sad day. This court is aware that many of them are still struggling and hence the support under the scheme is now unavoidable and inviolable,”
the Court said in its order.
The court also firmly stated,
“I’m afraid that mere lack of funds cannot be a ground to delay benefits to eligible advocates indefinitely, particularly when the beneficiaries fall into the most disadvantaged classes of citizens.”
This statement underscores the court’s stance on the importance of ensuring financial aid to advocates, recognizing the profession’s vital role in representing every section of society.
The hearing was a result of a petition filed last year by an advocate, who argued that despite the government’s notification of the scheme in 2021, no financial aid was disbursed for the years 2022 and 2023. This failure, the petitioner contended, deprived her and other eligible candidates of crucial benefits.
Previously, on November 1, 2023, the court had directed the authorities to issue necessary notifications for the scheme for the years 2021-2022 and 2022-2023 within a month. However, the Department sought a six-month extension, citing a lack of funds. The court, while terming this request unfortunate, granted a three-month period starting from December 8, 2023, for the Department to coordinate with the State government and ensure compliance with the court’s earlier judgment.
This development highlights the judiciary’s recognition of the challenges faced by legal professionals, especially those from less privileged backgrounds. The Kerala High Court’s stance reflects a commitment to ensuring that financial constraints do not hinder the pursuit of justice and legal representation for all sections of society.
The petitioner was represented by Advocates Ajman A, Dhanush CA and Rinshad TP.
The Backward Classes Development Department was represented by government pleader Sunil K Kuriakose.
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