Supreme Court bench led by CJI Surya Kant proposed creation of a statutory fund
NEW DELHI: To remedy the charge that courts and tribunals are hostile to women and first-generation advocates, particularly those from poor and marginalised sections of society, a Supreme Court bench led by CJI Surya Kant proposed creation of a statutory fund to financially assist them in the grinding initial years in the legal profession.A group of women lawyers led by senior advocate Monika Gusain said a majority of court complexes lack women-friendly infrastructure – separate toilets, lounges and nursing rooms – which deter them from continuing with the profession. The meagre income/stipend given to young first-generation advocates, particularly those belonging to economically weaker and marginalised sections, also force the meritorious to leave the litigation-oriented practice, she said.The bench of Chief Justice Kant and Justice V Mohana termed the grievances genuine and proposed creation of “Young Lawyers’ Professional Assistance Fund”. Such a fund “should be established under the exclusive control of the jurisdictional HCs or an autonomous body constituted by the Union of India in consultation with the state govts”, the bench said.Describing the initial years of practice of first-generation young lawyers as a period of turmoil as the stipend received by them from seniors is inadequate to meet basic needs, the bench said such pressures force them to search for alternative professions. Seeking replies on creation of a statutory mechanism for establishing young lawyer assistance funds from Centre, states and UTs by July 17, the bench sought assistance from attorney general R Venkataramani, advocates general of states and standing counsel for UTs.Reserving the resolution of problems faced by women lawyers for deliberations during future hearings, the bench said, “When women advocates are required to spend substantial portions of their day within court premises, the availability of basic infrastructure necessary for their comfort, privacy, safety, and professional functioning assumes utmost significance. The issue, therefore, transcends the realm of administrative convenience and touches upon values that lie at the heart of the constitutional guarantee of dignity and equal participation in public life.”
