Plea in Apex Court Seeking Exemption of rent from Advocates Rented offices During COVID-19 Pandemic Lockdown
(Judicial Quest News Network)
A plea is filed in Supreme Court by AOR Sachin Sharma. (Member Executive SCAORA) It seeks a direction to the Government to formulate an appropriate scheme to support advocates from paying their rent, exclusively for the professional premises.
The petitioner submits that the instant petition is filed under Article 32 of the Constitution of India to enforce fundamental rights secured to the Citizens of India, particularly those enshrined under Article 21 of the Constitution of India.
It is submitted that Government of India due to the pandemic without any consultation with any of the professional associations declare a lockdown on 21st of May 2020 pursuant to that no specific steps were taken by the government of India to extend any help to support to any of the professionals in this country, especially lawyers.
Most of the lawyers in this country earn their livelihood on a day-to-day basis and they are left hardly with any savings except a few.
Most of the advocate office/ professional office are there in city or premises close to the court.
Due to the close down none of the advocates were able to work or earn any amount of money during all this locked on period. It is pertinent to mention here that most of the courts were also not functioning during this period.
As it is stated above unless a person was especially carryout professional activity, he won’t be able to earn anything for his livelihood.
As stated in part III of constitution of India right to life and practice any profession is a fundamental right And such a situation if it arose due to the pandemic and continuing lock down if the professionals are forced to vacate the professional premises and or pay the rent during this pandemic continuing lock down, it would also affect the constitutional guarantee under part III of the constitution of India.
It is submitted that the Government of India (GOI) ministry of Home (MHA) vide its order dated 29.03.2020.
Directed to all the Landlords not to collect any rent from the labours and students for one month.
It is submitted that the GOI passed many directions and declared moratorium and financial assistance to different sectors and class of people. But till date no policy was formulated by the GOI to support the hardship to the professionals and especially lawyers.
It is submitted that ‘Force Majeure’ event can only be availed if such a relief is explicitly provided under the lease agreement.
Generally, lease agreements excuse the lessees from payment of rent during a Force Majeure event if there is a damage or destruction of the property leading to its unavailability for use by the lessee and they do not provide blanket waiver from payment of lease rentals on occurrence of every Force Majeure event.
t is submitted that “in the absence of such a clause in the lease agreement all the professionals and lawyers were forced to pay the rent which will create huge hardship to the majority of advocates in the country as well as to other professionals.
in the view of the foregoing, in the absence of a Force Majeure clause under the lease agreement, it is unlikely that a lessee can claim frustration of contract (which eventually leads to termination of the contract and may, therefore, not assist the lessee in the long run) and seek waiver of lease rental as consequence of a Force Majeure event. Which ultimately affect the right to life and earn a livelihood, (even after the lockdown period) and also affect practice of each professionals.”
Pertinently, The Union Ministry of Home affairs had issued an advisory last month, restraining ll landlord from forcing labours and Students to vacate their premises in case they fail to pay rent during the lockdown period.
[Read the Petition]
