Srinagar, Feb 29: J&K Students Association here Thursday wrote an application to Chief Justice of the Supreme Court of India over regulatory void in legal internship.
The application seeks the court’s intervention in treating the matter as a Public Interest Litigation (PIL) and establishing guidelines for remuneration in legal internships.
The letter begins by highlighting the challenges faced by law students, particularly those from underprivileged backgrounds, due to the prevalence of unpaid internships. Drawing on Charles Murray’s perspective, it underscores how unpaid internships can perpetuate socio-economic disparities by hindering access to professional experience for students with financial constraints.
The application emphasises the critical role internships play in shaping the future of law students in India. While Rule 25 of the Bar Council mandates internships, the absence of regulations on remuneration leads to exploitation and inequality, affecting students’ competitiveness in the job market.
The letter highlights the widespread practice of unpaid internships across law firms, NGOs, and legal chambers. It argues that this practice disproportionately affects marginalised students, reinforcing elitism and hindering diversity and inclusion efforts within the legal profession.
The application notes the absence of protective policies in Indian labour law for interns, leaving them vulnerable to exploitation. It points out the gap in legislation and how existing laws fail to encompass the rights of interns, contributing to the cycle of exploitation.
National General of Association Ummar Jamal contends that the prevalence of unpaid legal internships contradicts constitutional principles, specifically Article 14 (equality before the law) and Article 21 (right to fair and just emoluments). The letter argues that legal internships should fall under the purview of these constitutional provisions.
To address the issue, the application urges collaborative efforts between the Education and Labour Ministry to develop a robust policy on intern payments. This policy should be on par with existing employment-related laws, ensuring enforcement and compliance.
The letter concludes by expressing hope in the Honourable Court’s ability to set clear guidelines on remuneration for legal internships. It emphasises the positive impact such guidelines would have on aspiring legal professionals, fostering fairness, and equal opportunities.
Jamal urges the court to consider the matter, believing that proactive steps can contribute to a more inclusive and equitable legal system. The application ends with a hopeful anticipation that the court will uphold the principles of fairness and justice.
