Jharkhand High Court Issues Notice On PIL Seeking Insurance Coverage For Advocates

The Jharkhand High Court has issued notice in a PIL seeking directions for life and medical insurance coverage to advocates practicing in Jharkhand.

The petition by Bidesh Kumar Dan, an advocate practicing in Civil Court, Dhanbad also, seeks a direction for expansion of the coverage of Ayushman Bharat Health Insurance Scheme to include Advocates and their dependent family members. 

“Let counter affidavit be filed by the Union of India, State of Jharkhand, Bar Council of India and the Jharkhand State Bar Council within four weeks’ time,” the division bench of Chief Justice SK Mishra and Justice Ananda Sen said in the order passed on May 01.

The petition argues that due to the onslaught of COVID-19 pandemic and its subsequent impact on the functioning of the courts, the livelihood of lawyers has been severely impacted. It further argues that advocates are the worst hit because according to the applicable rules, they cannot do any other job.

“Section 6 and 7 of The Advocates Act, 1961 casts a duty upon Respondent No.-4 (Bar Council of India) and Respondent No.-5 (Jharkhand State Bar Council) to provide financial assistance to organize welfare schemes for the indigent, disabled or other advocates, but due to the fact that number of needy advocates is very large, the JSBC and BCI could not help them monetarily and they need government aid and support to do so,” the petition argues.

The petition relies on a Delhi Government’s order providing Insurance Cover to Advocates during the COVID-19 pandemic after the intervention of the Delhi High Court.

The petition further states that Government of India had set up a five member committee headed by the Secretary, Legal Affairs in 2019 to examine the issues related to framing of a proper, structured scheme for providing insurance cover to the advocates and also suggest modalities for the implementation of such scheme, however, nothing had been finalized by the committee yet.

“That, it is the duty of the Respondents under Article 21 of the Constitution to protect the life of all its Advocates/citizens by taking all the rightful steps during this deadly second wave of Covid-19 Pandemic,” the petition adds.

Advocate Md Shadab Ansari had appeared for the petitioner.

Case Title: Bidesh Kumar Dan vs. Union of India & Ors. 

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