The Prevention of Sexual Harassment in the Workplace Act[4] includes (legal) trainees in the definition of “employee”. However, it is crucial to establish safeguards for this largely unregulated and operated legal sector in an area where interns are often abused and used only to transport files and coffee bugs. In order to create a healthier work environment, increasing the suicide rate among young employees requires special care for their physical and mental well-being. The scope of the Minimum Wage Act, 1948; Employee Compensation Act, 1923; Labour Disputes Act 1947; The Payment of Wages Act 1936 or the Payment of Bonuses Act 1964 do not include the rights of a trainee who makes him or her vulnerable to intellectual and economic exploitation. The Ministry of Labour and Employment delivered its opinion on the 22nd. In September 2014, a communication set the minimum funding rate per month for “interns”. Although the concept of traineeship is similar to that of apprenticeship, the Apprenticeship Act 1961 makes it clear that trainee lawyers cannot be treated as apprentices within the meaning of the law, making them unprotected and not recognised in legal society. The lawyers who are willing to offer us internships are few and are all “caught” during the limited time we have on vacation. Registered law students have a minimum articling period of 12 weeks for a 3-year course and 20 weeks for a 5-year integrated course, in accordance with the Third Schedule to Part IV of the Rules for Legal Education of the BCI, the Indian Bar Association and Rule 25 [9]. Although the BCI rule does not specify which law students should practice in India, most colleges and legal institutions in India require students to practice before the Supreme Court or Supreme Court to practice advocacy. Universities require that these expenses include much of the food, transportation, and accommodation for interns who rarely receive financial support from their law firms. It should be noted that the rules of legal education were rules formulated by the BCI in the exercise of its function under section 7 (1) (h) of the Lawyers Act 1961, and that this is the function of the legal education of the BCI in relation to the said provision in setting its standards in consultation with universities in India and the councils of the State Bar. After the Chamber relied on V.Sudeer v.
Bar Council of India, (1999) 3 SCC 176, he considered that these rules suggested only the means to promote legal education and that it was for universities to adopt appropriate regulations prescribing the curriculum of the course, taking into account the standards prescribed by the BCI. I don`t know anyone (and this may sound arrogant, but I know many law students, including over 1000 students from NUJS, Kolkata) who have religiously held or been labeled with an internship journal. You raise a very valid point when you say that the BCI has not been able to apply such rules in the past and will probably not be able to apply them. But their goal seems to be to enforce college attendance rules (which they have not been able to do successfully in the past), and what prevents the administration of these colleges from taking note of this notice and imposing it on students? Following the continuation of article 24 to 25 of annex II to the Rules of Legal Education, the Chamber agreed with the students` assertion that they had been made compulsory to complete a 20-week probationary period. The court found that the fact that the applicants had not been able to complete an internship in the last two years for reasons for which they were not responsible was not disputed by either the BCI or the university. Moreover, the fact that it was impossible for the applicants to complete the remaining time of their traineeship before the culmination of their studies was not disputed either by the BCI or by the university. This is to inform you that your notice prohibiting students from doing an internship during off-peak periods significantly restricts our internships. If the 66/75% participation is reached, why should the BCI have problems with any type of internship? Thousands of internships are completed each year for a “continuous period of more than 4 weeks”.
Labour rights and the “internship culture” do not go hand in hand. Special legislation describing the function of an “intern” and his or her rights is essential to prevent the increase in unpaid internships and the infringement of interns` copyrights. Stipends should be provided to give marginalized students equitable opportunities for internships. Adequate authorities should be put in place to supervise traineeships, deal with complaints and ensure compliance with the rules in order to prevent staff from becoming precarious without legal protection. Unpaid internships allow wealthy individuals who do not have the money for rent, food or transportation to be paid. This cycle is underway and allows wealthy students to take advantage of an opportunity that others do not seem to be able to afford. Unfortunately, legislation and courts in India have failed to provide legal protection for legal trainees. Unlike the UK, US and Canada, India allows unpaid internships that offer direct benefits to employers. Depending on their areas of interest, there are a variety of internship opportunities for students to choose from. This includes an internship with a lawyer, law firm, or even a government organization operating in an area of law. Students may also choose to work with a research group or other legal entity.
And forget, 20 weeks/12 weeks of internships, many law students don`t do an internship at all! I would also like to draw your attention to the fact that the database of lawyers for internships that you promised in the “Rules of Legal Education” has never been published. Unfortunately, legal internships in India are largely unregulated, as there are no laws or judicial guidelines protecting the rights of an intern. Most institutions, law firms, and government agencies do not provide internship contracts and operate solely on the basis of verbal promises that offer very little recourse to interns in the event of a breach. The best possible recourse available to an intern is to file a complaint against such a lawyer (these lawyers) with the Disciplinary Commission of the State Bar Association. A lawsuit should be filed to nip the notification in the bud, as an official notice can lead to a bigger problem and affect students later. Don`t forget how the UGC screwed up the 4-year-old FYUP from Delhi University. Before filing the application, it may be useful, but not necessary, to ask the BCI for a statement of reasons for the notice, since, among other things, their attendance rules only require a presence of 66.66%. The immediate petition was filed by the fifth-year law students, who completed a five-year integrated B.com. LLB (Hons), Government Law College course, Ernakulam.
The course is expected to be completed during the 2020-2021 academic year. With regard to Rule 24 of Annex II of the Rules of Legal Education established by the Council of the Bar Association of India, the internship is part of the curriculum of the course. Rule 25 of Schedule III of the Rules on Legal Education provides that each registered student must have completed a practicum of at least 20 weeks during the period of legal study. However, the above-mentioned rule specifies that an internship cannot last more than four weeks per year. Annex III of Part IV of the Rules of Legal Education of the BCI, Bar Council of India, Rule 25 states that the minimum articling period for registered law students is 12 weeks for a 3-year course track and 20 weeks for the 5-year integrated course. Although the BCI rule does not specify at which institution a law student must complete an internship, most universities and law schools across India require students to complete an internship with a lawyer practicing at the Supreme Court or High Court. Such requirements set by universities require a lot of investment in food, transportation and accommodation for interns, who rarely receive financial support from the law firms where they work. The Delhi Supreme Court ruled on September 10. January 2020 acknowledged the undue pressure on young law students to seek internships, even if they cannot afford them. Siddharth Mridul and Najmi Waziri, from the Judicial Division, assured through a Suo-themed Ordinance that the Bar Council of India and law schools will be jointly responsible for providing equal articling opportunities to all law students to meet BCI`s articling requirements. Although the judiciary has acknowledged that the BCI`s rules for internships for law students are completely outdated and need to be changed, it has not recognized the need for financial support for less fortunate students to ensure equal internship opportunities for all.