Delhi HC issues notice in plea seeking social security benefits for law clerks

The Delhi High Court has issued notice in a plea moved by the Delhi High Court Bar Clerks’ Association (DHCBCA) seeking to safeguard and secure their “right to social justice, health, medical care, social security and a living working condition”..The matter was listed for hearing before former Acting Chief Justice Gita Mittal and Justice C Hari Shankar..It is the petitioner’s stance that though they are under the private employment of advocates, they act under statutory approvals and are authorized to act in all transactions done before or with the ministerial staff of the Court..Still, there are no social security or welfare measures for clerks, as provided to legal practitioners under The Advocates’ Welfare Fund Act, 2001..The petitioner also states that several states in India, such as Andhra Pradesh, Kerala, Tamil Nadu etc, have already enacted legislation for the welfare of clerks of legal practitioners..Therefore, the petitioner organisation claims that in order to effectively secure and promote their fundamental right to social security and welfare measures, the following actions/schemes need to be implemented and enforced:.Creation of Clerks Welfare Fund.Provision for Group Insurance Policies.Provision for Provident Fund.Provision for Pension.Provision for medical and educational facilities for the clerks and their families/dependents.Financial assistance to needy clerks.Provision of payment of consolidated sum on death/disablement of any clerk.Provisions for common rooms with books and newspaper akin to Bar Room for Advocates.Provisions for periodical training programmes and symposiums to upgrade their skills and to train them..The DHCBCA consists of around 3,500 members who are recognized, registered and authorized by the High Court to work as law clerks. Apart from the members of the Association, there are 20,000 clerks of the legal practitioners in several other district courts, forums and tribunals..The Association claims that they,.“…have the fundamental and human rights to life with dignity, livelihood, development of personality, just and humane condition of work, facilities for education and protection of their health and security measures that ameliorate them from the situation of hardship, injury and un-expectation.”.The writ petition is filed through Advocate Vishal Singh..The Court issued notice to the Centre, the Delhi government, and the Registrar of the Delhi High Court, among others..The matter will next be heard on September 13..The Uttarakhand High Court had recently held that clerks are integral to the justice delivery system. With this observation, the Court had directed the Uttarkhand state government to put in place a legislation for the benefit of advocates’ clerks in the state.