JOIN USThe High Court of Karnataka on Wednesday directed the State Government and the Karnataka State Bar Council to file objections by two weeks to a writ petition that has sought the repeal of two clauses in the Karnataka Advocates’ Welfare Fund (Amendment) Act, 2010.
Justice S Abdul Nazeer directed the government and the Council to file objections by February 13 to the petition filed by 45 advocates, challenging a few new clauses inserted in the Karnataka Advocates’ Welfare Fund Act, 1983, when it was amended in 2010.
According to Shivaraj Patil, who is the foremost petitioner, the government should delete Sections 16 (1) and 16 (2) (a) which introduced slabs for advocates to receive the medical relief when they take ill or die.
Before the legislation was amended, advocates, irrespective of their work experience, paid Rs 750 per year towards the Fund. In turn, their family would get Rs one lakh upon their death.
According to the amendment, advocates with a work experience of less than 15 years are required to pay Rs 500 whereas those who practise law for more than 15 years have to pay Rs 1,000.
Advocates with a work experience of up to 10 years would get Rs 1.5 lakh as medical relief, 10-20 years Rs two lakh, 20-30 years Rs 2.5 lakh, 30-40 years Rs three lakh, and more than 40 years Rs four lakh.
Patil says it is unfair to “discriminate” among advocates on the basis of their years in practise. Of the 73,000 practising advocates in Karnataka, 53,850 were members of the Fund till 2009. Of them, 44,532 have the work experience of less than 20 years.
“Only 100-120 advocates die each year. When most of the money comes from those with a work experience of less than 20 years, why shouldn’t they get equal benefits? Hence, we have demanded an equal medical relief for all advocates, irrespective of their experience,” Patil questioned.