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A petition has been filed in the Supreme Court urging it to direct the Bar Council of India (BCI) to allow lawyers to use advertisements to garner work and to take up other sources of income to earn their livelihood during this time when the Courts in many parts are closed and work is tough to come by, given the COVID-19 pandemic situation.
The closure of courts throughout the country due to the COVID-19 pandemic has resulted in lots of lawyers losing their source of income, owing to which many advocates have faced dire situations said by Advocate Chanderjeet Chanderpal who filed the petition.
The petition reads "Advocates are dying, landing in depression, are not having money for medical expenses for their dependents etc, there are also reports of suicides and this has happened due to closure of Courts and other legal activities as a result of COVID-19 lockdown."
There are certain restrictions on Advocates practicing before the courts when it comes to taking up other sources of employment or other professions imposed by The Advocates Act of 1961. Further, advocates are also restricted from soliciting work and advertising. These restrictions are provided for under Sections 35 and 49 of the Act alongside the Rules under this Act.
However, because of the precarious state of affairs that many advocates are in due to the unprecedented scenario caused by the COVID-19 pandemic, the petitioner has now urged for some relaxations on this regulation for Advocates during this time.
The petitioner has sought a direction to the BCI to amend the Rules under the Act to:
The said steps can be taken by way of a modification of rules, or the issuance of a corrigendum, or by the temporary suspension of current rules, the plea says.
This alteration is particularly vital considering the needs of the advocates coming from lower and middle-income groups, the petition underscores.
The petitioner additionally raises concern over the mental stress on advocates on account of not able to draw income for sustenance. In this regard, the petition cites the tragic incident of a 35-year-old lawyer taking his very own life and speaks of other lawyers who are unable to maintain themselves or provide medical facilities for his or her family financially.
The petitioner adds the lawyers who are financially strained one-time monetary grants and similar schemes might not be fruitful in alleviating their plight.
The plea has been drawn by the petitioner himself and is filed through Advocate Anil Kumar.
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