Indian court bans lawyer strike

The Supreme court ruling has divided lawyers

By Abhishek Prabhat BBC reporter in Delhi

The Indian Supreme Court has ruled that lawyers have no right to go on strike or call for a boycott of the courts.

The judgement came on the eve of a nationwide lawyers strike called in protest at radical new court proposals.

The weapon of strike does more harm than good

Supreme Court

The Supreme Court judges said lawyers' strikes held up court work, and inconvenienced those seeking justice.

It warned lawyers they would be liable to pay damages to those affected by the strike.

Lawyers leaders, however, have vowed to press on with the strike.

Exception

The Supreme Court ruling came in repose to a public interest petition, and seems to have divided the legal community in India.

"The lawyers will be personally liable to pay cost to the court in addition to damages to the litigant," the ruling said.

"The weapon of strike does more harm than good."

The judges said if lawyers had grievances they could make them known by wearing black badges or holding protest marches "outside and away from the courts".

Only in the "rarest of rare cases" could lawyers strike, and even then only for a day, if they felt that the dignity, independence or integrity of the bar or bench had been lowered, the judgement said.

People's courts

The Bar Council of India called Wednesday's strike in protest at plans to set up Lok Adalats, or people's courts.

Operating in public utility service departments, these new courts would settled disputes directly between petitioners with no role for lawyers.

The lawyers are unhappy with the proposed amendment as it affects their business.

The vice-president of the Bar Council, Adish C Aggarwala, said it was too late to call off the strike.

But some bar associations said they would protest by wearing white badges instead.