In a move to deal with the financial hardships arose out of the pertaining COVID-19 pandemic, the Supreme Court Bar Clerk's Association has moved a petition before the Apex Court seeking directions to the Central government to pay a monthly compensation amount of ₹15,000 to each member
The Association has stated that an evident number of members have not even received their basic salary in these months and thus has urged the Top Court to direct the Government to disburse the compensation amount to each member with effect from June, 2020 unitl Court restores normal functioning.
In the petition so filed, the petitioner Association has alleged a violation of their Right to Life under Article 21 and further informed the Court of the financial crunch being faced by most of its members during this lockdown period.
The petition read:
"…most of the clerks are on the verge of penury having absolutely no money to even look after basic facilities, likely health and education of children and even arranging food for their family members. Thus, there is grave violation of the Article 21 of the Constitution because of the action / inaction of the Respondents (Centre and State Governments) where no alternative has been provided to the persons like the members of the Petitioner Association."
The Association further mentioned that the role of clerks is intrinsically linked to the work discharged by advocates as the income of a Lawyers is generated via fresh filings, and the very few filings in the last two months has resulted in Members of the Association not receiving their payments from the respective Advocates they work for reason being them too not having the money to provide.
In bacdrop of this, the Association presses for the need to come up with a scheme which is specifically aimed at ensuring the sustenance and survival of Supreme Court Clerks during uncertain times.
It has been claimed that the 'present miseries' arose to them are a direct result of the Lockdown been placed by the Centre, and therefore it is incumbent upon the Government to protect not only the health of people at large, but also the livelihood of every individual.
It quoted:
"The health of people cannot be protected by causing uncompensated miseries to individuals particularly the low income people like the Advocate's clerks."
Additionally, the Association asserted that the Government owes a duty of care to all its citizens, including members of the Association and pointed out that they have received no financial aid or support from their respective States and have also not been covered under any specific scheme formulated by the Centre so far.
"The Union had announced a 20 crore financial aid pack in the month of May, which covers small scale industries, migrant workers and other financially distressed groups of persons, however, no such scheme has been formulated for the members of the Petitioner Association and other similarly placed persons, in the profession of "Clerk", which is prevalent all over India. These members are an integral and indispensable part of our legal system and their survival must be given utmost importance."
It has been highlighted further that work is still scarce at this point, as the possibility of resuming back of normal functioning of Courts is vague as of now, despite believing the situation might have changed from June 1.
They complained of lack of action from the Government to redress their issues and grievances which are continuously mounting. Thwy thus raised question regarding the formulation of a National Plan for Grievance Redressal and prayed that the Government be asked to come up with a National scheme at the earliest.
"The Sec 11 of Disaster Management Act of 2005 contemplates for framing of national plan to redress these grievances. But no such plan has been framed."
