The Bombay High Court’s Kolhapur bench has sought a response from the Maharashtra government and the Bar Council of Maharashtra and Goa (BCMG) concerning a petition that calls for a structured financial assistance and stipend scheme for junior lawyers in the state. This development comes in the case of Saklen Mansur Mujawar & Ors v. Chairman, Advocates Welfare Fund Trustee Committee & Ors.
On August 3, the bench comprising Justices Milind N Jadhav and Nandesh S Deshpande issued the order after considering a petition filed by 21 young advocates practicing at the Court. These advocates are urging for the effective implementation and enhancement of the Maharashtra Advocates Welfare Fund Act, 1981, which includes the provision of stipends to junior lawyers.
The court observed that while the 1981 Act provides statutory powers for administering a welfare fund and extending financial aid, the current mechanisms appear inadequate. The bench emphasized that this issue is primarily within the jurisdiction of the state and the relevant Bar Council but noted its urgency, especially given the responsibility to support young advocates in establishing their careers during their initial years of practice.
The petitioners highlighted an October 15, 2024 circular from the Bar Council of India, which recommends a minimum monthly stipend of ₹20,000 for junior advocates in urban areas and ₹15,000 in rural areas. However, the petitioners have expressed concerns that this recommendation remains unimplemented, leading to unrest among junior lawyers who have joined the profession with aspirations of rendering justice.
The court also referred to the Supreme Court’s judgment in Sarika Tyagi v Union of India, where the apex court advocated for the establishment of a self-sustaining fund to provide stipends-cum-honorariums to first-generation and disadvantaged young advocates. Petitioners pointed out successful welfare measures for lawyers in states like Jharkhand, Andhra Pradesh, Kerala, Tamil Nadu, Karnataka, and Puducherry.
The High Court has directed the Advocates Welfare Fund Trustee Committee, the Maharashtra state government, and the BCMG to submit an affidavit within three weeks. The affidavit must outline the steps they are taking or planning to take to provide financial assistance or stipends for junior advocates practicing in the state.
Advocate Asim Sarode represented the petitioner lawyers, while Additional Government Pleader Tejas Kapre appeared for the State of Maharashtra.
