COVID - Declare Lawyers As Frontline Workers, Priority In Treatment And Vaccination And More: Plea In Madhya Pradesh High Court

A plea has been filed before the Jabalpur Bench of the Madhya Pradesh High Court seeking to protect the interest of the members of the legal fraternity for treatment of COVID-19, prioritization in vaccine inoculation and extended benefits as frontline workers. The petition mentions that the legal fraternity has been subjected to discrimination by deliberately excluding them from being categorized as frontline workers providing essential services. Their efforts have not been acknowledged, and no assistance has been provided to them. The petition urges the Court to secure the rights and ensuring the sustenance of members of the legal fraternity, The petitioner is Akhil Bhartiya Sanyukt Adhivakta Manch Bharat, a consortium of lawyers with the objective of 'development and welfare of the legal fraternity. They state in the petition that the judicial functions are considered the inevitable, keeping up the very sense of individual independence and spirit of the constitution, which is kept intact and uncompromised even in these unprecedented times of travesty. "Access to Justice" forms part of the fundamental right under Article 21 and is also considered as the running wheel of the Indian Judicial System, the petition adds. It further states, "Bar and Bench both are the strongest pillar on which the entire structure of justice dispensation is placed upon. The Thankless job of these two wings of justice delivery is not expressly and vocally accepted but deserves the utmost respect like any other profession. This is indeed commendable that despite the tragic situation and unprecedented scenarios of grief, our judicial system never stopped functioning even once, though the pace of taking up the matters was slowed but the justice dispensation was ensured with the same rigor and commitment." The petition filed through Advocate Ved Prakash Nema refers to In Re (Suo Motu) v. Union of India & Ors wherein the Court took the cognizance for ensuring seamless distribution of medical aid to every section of the society and individual. The petitioner states that the state government is reluctant to acknowledge the worth of judicial functionaries and has yet not declared them as frontline workers as others like medical staff, sanitation workers and journalists despite knowing the contribution of the legal fraternity. The petition refers to Sunil Gupta v. State of Madhya Pradesh, where while acknowledging the essential services of advocates and allied staff, their movement has been allowed after getting valid passes from district administration amid imposition of 144 CrPC. However, when the same services are not rendered as an 'essential service', the petition states are condemnable. The petition argues that though Article 14 of the Constitution of India guarantees the Right to Equality, the right is being subjected to 'Equality in Equal circumstances'. The ex-gratia compensation as offered by the State allows for a meagre compensation only for those who succumbed in the second wave, discriminating against those who died before the second wave. The petition prays for reviewing the decision to provide ex-gratia compensation and be extended before the second wave to complete justice. The members of the legal fraternity do not qualify as beneficiaries under the Mukhyamantri COVID-19 Anukampa Niyukti Yojna, a scheme for the dependents of those deceased who were employed as permanent casual daily rated workers. The petition states in this regard, "The selective exclusion of the legal fraternity despite their uncompromised efforts is painful and unjust. The deliberate and unreasonable exclusion of fraternity amounts to infringement of fundamental rights guaranteed under Article 14 of the constitution of India. It is submitted that immediate directions be issued to the state government to consider the representation for inclusion in said welfare schemes and appropriate actions and policy be drafted for their upliftment and betterment." The petition gives an example of initiatives by other state governments and state bar councils, who have taken a compassionate view in extending support to the lawyers and judicial staff. While the State of Chhattisgarh has declared Lawyers and court staff as the frontline workers, in Delhi, enrolled advocates are entitled to benefits under the Chief Minister's advocate welfare scheme and financial assistance to those who have contracted coronavirus providing them with one-time monetary assistance of Rs. 25,000 in-home isolation and Rs. 50,000 if the member is hospitalized. The Supreme Court Bar Association has implemented SCBA COVID-19 Helpline Scheme as one-time financial assistance for the advocates suffering from COVID-19. The petition urges the Court to issue directions to the state government and the State Bar Council of Madhya Pradesh to ensure its members' welfare and well-being in these...

COVID - Declare Lawyers As Frontline Workers, Priority In Treatment And Vaccination And More: Plea In Madhya Pradesh High Court

Shrutika Pandey

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