In a landmark judgment, the Jharkhand High Court has directed the Central and State governments to formulate guidelines to extend life and medical insurance benefits to the lawyer community. The decision comes in response to a Public Interest Litigation (PIL) filed by Bidesh Kumar Dan, highlighting the financial hardships faced by lawyers and the lack of adequate support from the government.
Background of the Case
The case, titled Bidesh Kumar Dan v. Union of India & Ors., was registered as W.P. (PIL) No. 1956 of 2021. The petitioner, Bidesh Kumar Dan, an advocate practicing in Civil Court, Dhanbad, argued that the COVID-19 pandemic severely impacted the livelihoods of lawyers, who are prohibited from engaging in other professions under existing rules. The petition sought the inclusion of advocates and their families under the Ayushman Bharat Health Insurance Scheme and called for broader insurance coverage for the legal community.
Legal Issues Involved
The primary legal issues addressed in the case were:
– The necessity of providing life and medical insurance benefits to lawyers.
– The responsibility of the State and Central governments under Article 21 of the Indian Constitution to protect the life and welfare of its citizens, including advocates.
– The obligations of the Bar Council of India (BCI) and the Jharkhand State Bar Council (JSBC) under Sections 6 and 7 of The Advocates Act, 1961, to organize welfare schemes for indigent, disabled, or other advocates.
Court’s Decision
The bench, comprising Chief Justice Dr. B.R. Sarangi and Justice Sujit Narayan Prasad, underscored the essential role of lawyers in the dispensation of justice and the financial difficulties many face. The court observed:
โIt appears that though the lawyers’ community is helping the people by discharging their duty in the dispensation of justice, they are not being given justice either by the State or by the Union. Therefore, the time has come that the lawyers should be protected by providing insurance benefits like health and other benefits, which are admissible under the law.โ
The court directed the counsel for the State and Union of India, along with the BCI, JSBC, and the President of the Advocates Association, to bring on record the steps taken to claim such benefits for the concerned individuals. The matter has been listed for further hearing on July 31, 2024.
Important Observations
The court made several crucial observations:
– The services of lawyers are highly essential, and many are unable to maintain themselves properly due to a lack of funds.
– The State and Central governments should make an endeavor to save the lives of lawyers by formulating guidelines for life and medical insurance benefits.
– The court emphasized the need for immediate action to protect the lawyer community, stating, โTheir services are highly essential and many of the lawyers are not able to maintain properly because of paucity of funds, as such this endeavor should be made at the level of the State and the Central Government so that the lawyersโ community be protected.โ
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Cae Details
– Petitioner: Bidesh Kumar Dan
– Respondents: Union of India, State of Jharkhand, Bar Council of India, Jharkhand State Bar Council
– Bench: Chief Justice Dr. B.R. Sarangi and Justice Sujit Narayan Prasad
– Lawyers:
– For the Petitioner: Md. Shadab Ansari
– For the State: Mr. Gaurav Raj, AC to AAG-II
– For the Union of India: Mr. Prashant Pallav, DSGI
– For the JSBC: Mr. Manoj Tandon
– For the BCI: Mr. Prashant Kumar Singh
