On Tuesday, in light of the pandemic situation a plea has been filed in the Supreme Court seeking issuance of directions to the Bar Council of India to permit use of advertisements for Advocates till March 2021, allow public listings so that other para-legal work can be taken up by them and allow alternative means of sustenance to earn their livelihood.

The PIL, filed by a practicing lawyer and Senior Standing Counsel to the income Tax Department, Charanjeet Chanderpal, in his capacity as Secretary General of a Non Governmental Organisation 'Nitya Law Society' averred that existing rules need to be altered in order to accommodate Advocates belonging to either middle or lower middle class and are unable to sustain themselves pertaining to the crisis emerged out of the pandemic.

The plea read:

"In such situations, for persons other than advocates, if one option to earn to sustain is affected, they can look for alternatives and endeavour that would come in their way. However, if an advocate works outside his profession to stabilise his income, the regulations that govern the conduct of advocates will consider it as professional misconduct"

Highlighting the financial loss that Advocates have faced during the pandemic and subsequent lockdown, the plea mentioned the reported cases of suicides, depression and inability to subsist and thus prayed that changes be brought forth in the Bar Council of India Rules by issuance of a circular or modification or issuing a corrigendum or suspension of current rules as well as initiate modifications under Section 49 of the Advocates Act, 1961.

"There are reports of suicides as a result of no work, medical depression, advocates's family members expiring due to no money to pay medical fees, reports of there being domestic violence in the houses of advocates. This is widely known as the internet is full of this information. This is happening all over India and times has come that the Bar Council of India must allow relaxations within the Rules. The same is applicable to the whole of India and time has come that the Bar Council of India must allow relaxations within the rules"

The petitioner averred for a long term solution so as to handle and manage these unprecedented crisis instead of pity aid to Advocates. The recent commission of suicide by a 35 year old Advocate has been illustrated and the petitioner mentioned hat many of his acquaintances are going through a financial crunch and that even Senior Advocates with selective practice are going through a financial crunch as a result of closure of Courts.

"A number of cases of advocates getting suicidal thoughts, suffering from depressing, suffering from no income, suffering from starvation and no income- all as a result of closure of courts..... Our NGO to propose the contents of this submission ... This is necessary for the survival of the advocates belonging to the middle and lower middle class. The representation there represents lakhs of advocates across our country who have stood affected."

The plea has puts out some suggestions to substantiate the same that includes clarification of Chapter III Rule 2 of the Bar Council Rules viz. permission to Advocates to be sleeping director/partner so that they can be inducted as 'legal retainers' and 'legal advisors' in organisations as it sends wrong impressions under current rule.

The petitioner has also sought issuance of a circular permitting use of advertisements and whatsapp messages to permit advocates to take up chamber work like income tax assistance, GST assistance, registration of societies, trusts including assistance in online filing of cases.

Last but not least, issuance of an Official Notification, keeping in view the ongoing COVID-19 pandemic situation, allowing Advocates to earn their livelihood by taking up alternative means along with an undertaking that they shall not extend its fucntioning beyound March 2021.

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