'Bar Associations Must Address Issue Of Mental Health', Says Supreme Court While Refusing To Entertain Plea For Lawyers' Wellness

The Supreme Court today (November 6) refused to entertain a PIL seeking to constitute a platform to address the mental health grievances of lawyers in the profession. The Court noted that while the present matter was not amenable to judicial parameters, liberty was given to make representations before the Bar Council of India. The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra was hearing a petition filed by behavioural coach Chahavi Singh from a family of lawyers. Considering that the matter requires policy consideration, the CJI remarked " Bar associations must take the lead and address the issue of mental health" He added that the issue of mental wellness is present across professions and the Union may be required to look into several stakeholders apart from lawyers. "Union of India will say - how can you do it only for lawyers? what about chartered accountants, Engineers, Army Personnel, Doctors?" Senior Advocate Balbir Singh appearing for the petitioner, however, pointed out that for the medical professions, the Indian Medical Association (IMA) already caters to the mental wellbeing concerns for the doctors in the country. The CJI, seemingly disinclined to entertain the matter further opined that the issue raised was "not amenable to judicial parameters" . The bench allowed the withdrawal of the petition with the liberty to make representation before the Bar Council of India in this regard. Legal Profession In Desperate Need For Mental Health Framework; Work Stress An "Occupational Hazard" The petition underlines that the nature of work in the legal profession and the suffocating work environments often become the root cause of mental health issues and even suicides in some cases. "It is clear that the profession desperately needs a mental health framework based on targeted research. The profession needs, more than ever before, a robust mental health framework in order to prevent acute distress leading to several mental and physical illnesses and, possibly, suicides. There is a glaring gap in the legal and medical framework as far as prevention of mental illnesses is concerned for a profession like this where stress is almost an occupational hazard."The plea stressed that the lack of work-life balance in the legal profession, coupled with long working hours and increased stressful environments has led to several professionals suffering from chronic pain, fatigue and a list of metabolic disorders ranging from diabetes, hypertension, insomnia, joint problems, thyroid etc. The petition also highlighted how mental duress often reflects in physical discomforts of sorts and lawyers frequently ignore such symptoms until they reach dangerous levels. " Mental stress often manifests in physical symptoms, leading to conditions such as tension headaches, gastrointestinal issues, muscle stiffness, and even more severe ailments. Somatics - the study of how mind and body influence each other - has demonstrated that many a physical disease can be traced to mental health. Legal professionals frequently disregard stress until it becomes chronic/debilitating or until it manifests in physical forms, and physical health until it too is too large a problem to ignore." It explained that there existed two types of stress within the legal profession- (1) which a professional carries on account of their own circumstances which come with their personal and professional lives; (2) the stress a legal professional comes to bear vicariously – on account of their clients. It also added that such stress is not just concerning for lawyers but is present across the profession, ranging from judiciary, litigation, transactional practice and even paralegal. Suicides & Deaths As A Result Of Profession-Specific Stress The presence of such disbalance in the work-life of the legal professions, as per the petitioner has resulted in graver instances of suicides and deaths due to the absence of any preventive care at the right time. It highlighted that 20 legal professionals had committed suicide in the last one year and how several such cases may have gone untraced. "The effect of mental illnesses/ stress within legal professionals has manifested not only in the aforementioned diseases but also in suicides. It is pertinent to note that within the legal fraternity, at least 20 professionals have committed suicides in the last 12 months alone. There may be many such other cases which are unreported as death was not attributed to mental health suffered in the professional life." "It is also imperative to note that several deaths (non- suicides) may be a direct result of stress / related conditions but the same are never investigated."The reliefs sought include: a. Grant a writ of mandamus, or any other writ, order or direction in the nature thereof, directing the Respondents to take appropriate steps including to create a platform to address mental health issues in the legal fraternity and associated persons...

'Bar Associations Must Address Issue Of Mental Health', Says Supreme Court While Refusing To Entertain Plea For Lawyers' Wellness

Anmol Kaur Bawa

Tags