05/07/2020
Stipend – Right or Charity
Stipend is defined as
i. a fixed, regular income that is usually not based on an amount of work done:
ii. an amount of money that is paid regularly to someone, especially for work or training that is usually unpaid [https://dictionary.cambridge.org/dictionary/english/stipend ]
The concept of Stipend emanates from the understanding that a under graduate must have the time and money to support his graduation on his own. The Wikipedia Article on stipend says as follows:
Stipends are usually lower than what would be expected as a permanent salary for similar work. This is because the stipend is complemented by other benefits such as accreditation, instruction, food, and/or accommodation. Some graduate schools make stipend payments to help students have the time and funds to earn their academic degree (i.e. master's and doctoral degrees). Universities usually refer to money paid to graduate students as a stipend, rather than wages, to reflect complementary benefits. [https://en.wikipedia.org/wiki/Stipend]
In the case of lawyer’s stipend, it is paid after their graduation and before they might actually get prepared to earn their own income. This intermediary stage is the real training period where the lawyer sees his studies in practice, acquires skills of advocacy and attains expertise in handling all aspects of this profession. The Society needs trained professionals and if the young generation is to undertake a proper training they have to spend their time without feeling the burden of earning. His focus should be fully geared in attaining the knowledge, skills and expertise.
At the age of 21, when all his peers are into some occupation or employment he is yet in training dependent on his family’s income. The stigma attached to it pulls away the young lawyer too far from his training. Stipend therefore, is an acknowledgement of a young individual’s Self Respect. It is a Right and not a charity. Stipend may not tantamount to salary. But should support a trainee Advocate in terms of the cost his transport, food, clothing and accommodation.
Upon request of the Bar Council of Tamil Nadu and Puduchery, the Government of Tamilnadu has passed G.O. Ms. 246, Home Courts V Dept. Dt. 30.06.2020 sanctioning monthly Stipend to young lawyers. As per the scheme in the G.O. the payment is Rs. 3000/- to the maximum number of 1000 lawyers for 2 years. The eligibilities and ineligibilities are as follows:
Eligibility: Should possess a Law Degree from a Government Law College; must have enrolled in the TN Bar Council; for every six months the lawyer should produce an Affidavit of Practice attested by his senior; should not have completed 30 years of age; a resident of Tamil Nadu with Aadhar Card; Family income should not be more than 2.5 lakhs and only one person in a family could get the Stipend that is either of the spouse or either a parent or a child.
Ineligibility: Lawyers who have completed 3 years of practice; one who possess a 4 wheeler in his /her name; non practicing advocates and practicing Advocates having a business of their own.
These set of eligibilities and ineligibilities are against the Self Respect of the young Lawyers in toto. Young lawyers of any economic order by virtue of their enrolment to the profession should get stipend. Stipend is associated with the training in the profession and not with the marital status of the lawyer. If young lawyer get into marriage with another young lawyer they should not deprived of stipend. If it so happens then either of them will have to give up their Right and in the patriarchal society ‘who’ is pre-determined. Having allowed the private college to function, students who studied in those colleges cannot be discriminated. The Stipend should be reasonable in terms of cost of living and commensurate with the basic expenses.
Stipend should be backed by a regulated apprenticeship. The experience in the one year compulsory apprentice which was previously attempted and given up should be studied in length and breadth and a new Regulation should be brought in with thorough consultation with all stake holders. The Legal Aid Authority and the Judicial Academy should be roped in to train the lawyers. The Bar Council must take a role to co-ordinate among the Bar Associations to identify the right senior for a right junior. At the same time the Right of the junior lawyer to choose his senior should also be protected. Code of Conduct of this Profession does not permit a person to hold any office of profit or a business or commercial activity. If it is proved that any lawyer receiving stipend engages in any occupation or business expecting profit there should be no hesitation to de-bar such persons.
5 years training with stipend will hold young lawyers in the profession. Co-ordination with Legal Aid Authority will help them understand the value of service to society. I reiterate to emphasize that Stipend should be reasonable in terms of cost of living and commensurate with the basic expenses.
P.B. Suresh Babu, Advocate
Madras High Court.
