NEW DELHI: The Bar Council of India has made a strong push for allowing lawyers in the tribunals where neglected parents file petitions for “maintenance” from their wards, but met with vociferous resistance from states and NGOs which opposed the suggestion.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, bars lawyers from appearing before tribunals where involved parties argue for themselves. These tribunals and appellate tribunals are headed by sub-divisional officers and district magistrates, respectively.
The issue dominated the national consultation called by ministry of social justice and empowerment to elicit views on the changes proposed to the Act. The discussion was chaired by secretary Anita Agnihotri and joint secretary Ghazal Meenai.
Bar Council member Thakur Bhoj Chander made a vociferous plea for letting
the lawyers appear in the tribunals. He said the belief that lawyers cause delays is outdated, arguing that their presence would help dispense better justice.
But BCI’s lobbying met with all round resistance. Virtually all states and NGOs, including the Law Commission, said the present system walling off lawyers was fine.
The sense of the house, coupled with the recommendation of an expert committee against allowing lawyers, as reported by TOI, suggests that the Centre may not be inclined to tweak the system. A senior official said that the ministry will process all views to finalise the amendments.