The legal landscape in Jammu and Kashmir (J&K) presents unique challenges for young lawyers as they embark on their professional journeys. The region’s distinct socio-political context, coupled with the general difficulties faced by new entrants in the legal field, necessitates targeted government intervention. These are some expectations young lawyers have from Omar Abdullah, the new Chief Minister of J&K.
Revival of the Bar
Since the last five years, the government has taken a keen interest in the Bar association and its elections haven’t been allowed under one pretext or the other. This has led to chaos and confusion for new entrants as they navigate alliances and licenses in Srinagar. Now that democratic process has restarted here, young lawyers expect free and fair elections to the bar association as well. This will give lawyers genuine representation and contribute to the welfare of the fraternity.
Constituting State Bar Council under The Advocates Act, 1961
The High Court of Jammu and Kashmir and Ladakh has been exercising the powers of the State Bar Council under Section 58 of the Advocates Act, 1961 which was meant to give special powers for a transitional period only. Bar Councils serve a particular purpose under the Act and should be a separate body to safeguard the independence of the bar from the bench. A separate State Bar council should be created as per the mandate of Advocates Act and those powers be taken from the High Court as it is already overburdened by the overload of cases pending adjudication.
Monthly Stipend Scheme
Young advocates who enter the profession struggle to find clients and for years they keep struggling in this profession and are not even paid well by their seniors. Young lawyers expect a dedicated monthly stipend scheme for initial years of their practice so as to have stability and be able to survive in the profession. Similar scheme was introduced in Kerala to support young members of the bar in their career growth.
Government Monitoring of Stipend Paid by Senior to Juniors
This is the generic issue of the whole country where junior lawyers are led to exploitation as they are not paid adequately by their seniors, young lawyers expect a government monitoring of the grievances of the young lawyers and ensure young lawyers get their due share as per their work.
Advocates Protection Act
Advocates, who are intended to preserve the rule of law and ensure justice, have been the targets of violence, harassment, and intimidation. The issues that the legal profession faces are substantial and are becoming worse. Therefore there is a need for dedicated legislation for the advocates which will safeguard them.
Enhance judicial infrastructure
The current judicial system is overburdened due to which cases keep on lingering for years, severely affecting the fundamental rights of citizens. The overload of cases in the courts has been the point of discussion for a long time and the need of increasing the members of the bench cannot be amply stressed upon. Increasing the strength of the bench both at Hon’ble J&K High court and district courts is the need of the hour.
Government accommodation for Advocates
The already placed policy of the government of J&K, The Jammu and Kashmir Estates Department (Allotment of Government accommodation ) Regulation, 2004 provides for accommodation of the government employees, including judicial staff and even for the media persons, however lawyers have been neglected. There are many young lawyers from far off areas practicing in Srinagar court and paying huge rents. This act of inclusion in the accommodation policy will also give them a sense of belonging.
Frisking-free Entries
Lawyers are frisked before entering Div com office at Srinagar and have to follow timing which are meant for the general public. Lawyers being the officers of the court who perform public duty, should be allowed hassle free movement enabling them to better serve the public.
Conclusion
The challenges faced by young lawyers in Jammu and Kashmir require comprehensive government action to create a supportive and nurturing legal environment. By implementing targeted initiatives that address mentorship, job opportunities, access to resources, and professional development, the government can empower young lawyers to thrive in their careers and contribute positively to the region’s legal landscape. Such efforts not only enhance the legal profession but also promote justice and the rule of law in J&K.
Naveed Bukhtiyar
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