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Stating that many members of the Supreme Court Bar Association haven’t received their salaries in these months and conveying the difficulties faced by these members, The Supreme Court Bar Association moved a petition before the court asking for the Central Government to be directed to pay a monthly amount of Rs. 15000 to each member, on account of the financial hardships faced by them over the last three months.
The petitioner Association urges the Supreme Court to direct the Government support these members by providing them with the above-mentioned amount to each member with effect from June 2020 until the normal functioning of the court is restored.
Claiming that the right to life was violated here, the association informs the court of the financial crises faced by most of its members since March 24.
"…most of the clerks are on the verge of penury having absolutely no money to even look after basic facilities, likely the health and education of children and even arranging food for their family members. Thus, there is a 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 petitioners also claimed that the present miseries faced by the members were a direct implication of the government imposed lockdown and that it was the Government’s responsibility to protect the health and livelihood of every individual.
"The health of people cannot be protected by causing uncompensated miseries to individuals particularly the low-income people like the Advocate's clerks.”
It was asserted that the government owed a duty of care to all its citizens, which includes members of the association, it was pointed out that the clerks had so far received no financial aid or support from their respective stared and also have not been covered under any scheme initiated by the Government.
It was claimed that As the normal functioning of the court doesn’t appear to resume soon, work would be scarce. Even though their grievances seem to grow, so far there has been no action from the Government. The question regarding the formulation of a national plan for grievance redressal is also thus raised:-
"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”
Hence, it is additionally prayed that the Government be asked to come up with a National scheme, at the earliest.
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