"We Must Lead The Change We Want To Be": Madras HC Directs All Advocates To Provide Minimum Monthly Stipend Of ₹15,000-20,000 For Their Junior Lawyers

A Division Bench comprising Justice SM Subramaniam and Justice C Kumarappan said, “It is the incumbent duty of all the stakeholders in the legal profession to provide an environment where every member of the legal fraternity feel valued and treated with respect. Opinions and thoughts may differ but the pages of our history have shown that the Lawyer community as a whole have always been the torchbearers of self expression.”

The Court added, “Lawyers as a community have emerged as the biggest change makers and the forerunners of change in our Country, we must lead the change we want to be."

Advocate C Elangovan appeared for the Petitioner and Additional Government Pleader A Tamilvanan appeared for the Respondents.

In its ruling, the Court emphasized the importance of fostering an environment where every member of the legal fraternity feels valued and respected. It stated that it is the duty of all stakeholders in the legal profession to ensure such an environment, highlighting the historical role of lawyers as torchbearers of self-expression.

The bench clarified that the responsibility to pay the stipend lies with senior lawyers employing the juniors.

The directions issued were as follows:

• The Bar Council of Tamil Nadu and Puducherry, Government of Puducherry and recognised Associations at Pondicherry and Karaikkal are directed to co-ordinate and finalise the proposal for amendment of Schedule-I to enhance the Welfare Fund Scheme amount submitted by the Trust Committee as expeditiously as possible preferably within a period of four (4) months from the date of receipt of a copy of this order.
• The Bar Council of Tamil Nadu and Puducherry is directed to issue Guidelines/Instructions/Circulars to all the Advocates/Senior Advocates in the State rolls of the Bar Council of Tamil Nadu and Puducherry the following directions:

(a) Any Advocate/Senior Advocate employing the services of Junior Advocates shall pay a minimum stipend of Rs.20,000/- (Rupees Twenty Thousand Only) per month for Advocate practising in the major cities of Chennai, Coimbatore and Madurai. [The minimum amount is derived taking into consideration the cost of living and expenditure costs prevalent as on today].

(b)Any Advocate/Senior Advocate employing the services of Junior Advocate shall pay a minimum stipend of Rs.15,000/- (Rupees Fifteen Thousand Only) per month for Advocates practising in other areas across the State of Tamil Nadu and Puducherry.

(c) In the context of fixing of this minimum monthly stipend, this Court would also like to bring to the fore the issue of pay disparity based on gender. Though this systemic issue of gender pay gap is beginning to gain attention, this issue is rarely spoken about. It is high time that we start making the difference. Hence the minimum stipend fixed above shall be extended to all Junior Lawyers without kind of discrimination based on Gender.

Previously the same bench had issued an interim order stating that failure by senior lawyers to provide even a minimum stipend to their junior counterparts amounted to exploitation.

Cause Title: Farida Begam v. The Puducherry Government & Ors.

Appearance:

Respondents: Additional Government Pleader A Tamilvanan, Advocates CK Chandrasekar, S John J Raja Singh, Senior Counsel G Masilamani