The Madras High Court has underscored the crucial role of Bar Councils in protecting the rights of young lawyers in the region. The court stressed the importance of preventing the exploitation of junior lawyers by senior lawyers, who sometimes demand work without offering fair compensation.

The bench, comprising Justices S.M. Subramaniam and C. Kumarappan, declared that such exploitation is unacceptable under any circumstances. They pointed out that it is the responsibility of the Bar Council to ensure that the livelihoods of these lawyers are safeguarded by setting a minimum stipend for junior lawyers who are newly enrolled.

In response to this issue, the court has given C.K. Chandrasekar, counsel for the Bar Council of Tamil Nadu and Puducherry (BCTNP), until June 12 to consult with the council and establish guidelines. These guidelines will define fair practices for established lawyers when hiring recent graduates or junior lawyers to assist them.

The court issued this order in response to a writ petition filed by Farida Begam, seeking directives for the Puducherry Government and the Bar Council of Tamil Nadu to implement and enforce The Advocates' Welfare Fund Act, 2001, in the Puducherry Union Territory. During the hearing, it became clear that similar issues were also present in Tamil Nadu.

Acknowledging that delays in fund allocation by the respective governments have hindered the scheme's effectiveness, the court took proactive measures. It included the State of Tamil Nadu as a party to the petition and gave both governments a week to respond.

Furthermore, the court addressed the problem of junior lawyers not receiving stipends from their seniors, urging the BCTNP to address this issue promptly by formulating the necessary guidelines.

Case Title: Farida Begam v. The Puducherry Government