Published in Psychologs
INTRODUCTION
The legal profession is unarguably one of the most competitive and challenging professions in the world. Legal profession is the backbone of the judicial system of a country and is responsible for the administration of justice. A Lawyers job is equally important as that of a judge. Lawyers provide legal advice and guidance, attend court hearings, attend meetings with clients, draft contracts, analyze, research and remain abreast with latest developments in laws.
The importance and fascination towards the subject can be well understood by the fact that eminent world leaders and global personalities such as Barack Obama, Bill Clinton, Vladimir Putin, Karl Marx, Nelson Mandela, Mahatma Gandhi obtained their degree in law.
It is interesting to note that the profession of law is often perceived as one associated with highest earnings but at the same time the fact that a lawyer takes upon himself or herself the onus of providing relief to the clients grievances is often ignored. What comes along with the job is the amount of stress, pressure of performance, approaching court hearing deadlines and enormous workload.
The legal profession in India is regulated by the Advocates Act, 1961 which involves both the practice of law and legal education. The Bar Council of India (BCI) is the body under Advocates Act that governs the maintenance of minimum standard by institutions delivering legal education in India. The Indian law system comprises more than 2 million enrolled lawyers nationwide and has the second largest population just next to the United States.
ADDRESSING THE ELEPHANT IN THE ROOM
According to the World Health Organization (WHO), Mental Health is “a state of well being in which the individual realizes his or her own abilities, can cope with normal stressors of life, can work productively and fruitfully, and is able to make a contribution to his or her community.”
Mental Health Status in India:
WHO labeled India as the most depressing country in the world with one in seven Indians suffering from poor mental health. The age-adjusted suicide rate per 100,000 population is 21.1.
National Institute of Mental Health and Neuro Sciences, Bengaluru conducted National Mental Health Survey of India 2015-16 on a sample of 34802 individuals from 12 states of India. Few conclusions from the survey were:
Mental morbidity in individuals above 18 years was 10.6% excluding tobacco use disorder,
Prevalence of Schizophrenia and other psychoses (0.64%), stress related disorders (6.93) was almost 2-3 times more in urban areas,
Common mental disorders (CMD’s) included anxiety, stress and substance use disorders and affected nearly 10% of the population,
1 in every 20 people suffer from depression in India,
Prevalence of tobacco use disorder was 20.9% and alcohol use disorder was 4.6%,
Prevalence of suicide was more in 40-49 years group (1.19%) and more in urban metros (1.71%),
Neurosis and stress related disorders were higher in women and affected 3.5% of the population,
Treatment gap for mental disorders is very high,
Economic burden for care of person with mental disorder is enormous and a family spends nearly Rs 1000-1500 per month for the treatment.
CONDITION OF THR LEGAL PROFESSION
In spite of such promising prospects of the legal profession, the high achievers, the skilled, those who add value to clients and the problem solvers are the ones who hardly have a real conversation about their mental state, the stress and the work pressure. Lawyers work round the clock and most of them dodge between managing their workload, life stressors and personal life. There are no fixed work timings for lawyers, there is income disparity within the profession ranging from those who are prominent and those who are not that well established and earn on case to case basis. The extreme difficulty of making a name for yourself in the field and at the same time earning to fulfill the basic requirements creates a lot of stress specially among the young lawyers who are just starting with this profession.
In the year 2017, at an event organized by Center on Legal Profession, Harvard Law School, in New Delhi, Justice DY Chandrachud stated that India lacks any empirical study in the field of mental health among lawyers despite knowing clearly the stressful dynamics of the profession and professionals suffering from various mental health related issues such as depression, anxiety and addiction, etc.
Studies display that 28% lawyers suffer from depression, 23% experience stress, 21 to 36% qualify as problem drinkers, approximately 19% are struggling with anxiety and almost 40% law students deal with depression. Along with this, the occupation exposes continuous high rates of suicide compared to any other profession. As per American Psychological Association, “Lawyers are 3.6 times more likely to suffer from depression than non-lawyers.” The American Bar Association Journal also states that the 11th highest incidents of suicide are committed by lawyers.
The dark side of the profession has come to light and attention and the situation has escalated so badly due to COVID-19. The pandemic has impacted deeply and kicked off so many mental, social and psychological issues among the legal attorneys. Still some countries are better off at handling the issues related to mental health than others such as The American Bar Association has a devoted page on its website that provides ‘lawyer assistance programs’ in relation to mental health where supportive and confidential services are provided to those in distress. But there are hardly any such provisions for lawyers in India.
Lawyers are expected to be the ones who solve problems of others and provide relief and therefore there is so much stigma and taboo attached that no one ever discusses or even have real conversation about the psychological well being of lawyers. What’s most disturbing is that because of the pandemic and the lockdown, the vulnerability of the profession has got triggered badly especially for the young lawyers who are not able to survive financially. Catering to the seriousness of the matter, the Bar Council of India requested the Prime Minister of India, Sh. Narendra Modi to provide financial assistance of Rs. 20,000/- per month to the young lawyers who are not financially well off and are fighting for survival.
According to a survey conducted across eight High Courts of India by legal think-tank Vidhi Centre for Legal Policy, more than 79% of surveyed lawyers with less than 2 years of practice earn below Rs 10,000 a month. The 8 states included Delhi, Bombay, Allahabad, Gujarat, Calcutta, Kerala, Madras and Patna. It was also noted that setting up of Advocates Welfare Fund Act, 2001 is mandatory but many were even unaware of it and no financial aid is provided to especially the freshers and young practicing advocates. The situation has deteriorated for them owing to COVID-19 lockdown.
Another major cause for increased stress and anxiety among legal practitioners is the shift from physical mode of practice to online mode. This digitalized way of functioning is not going down well specially with those who are aged and are not well versed with technology. This lack of knowledge is greatly affecting their work output and therefore stoking mental health issues.
The situation of the community is dire and steps must be taken as soon as possible for their overall welfare especially for their mental wellbeing. Few measures that can be taken are:
Open dialogue without prejudices about mental health must be encouraged. Regular seminars must be conducted for the awareness in courts, law firms, and law schools.
Engagement of Clinical Psychologists, Counselors and Psychotherapists must be made mandatory in courts, law firms and law schools, so as to provide them a safe and confidential space for unbiased and supportive conversation.
Management of time is crucial. There should be fixed working hours for the practitioners so that they get adequate time to relax and recharge themselves.
Maintaining proper work life balance. Understanding what to prioritize and when, is of utmost importance for a healthy and effective life.
Take out time for self care. Meditation and yoga are proven ways of providing relief to stress, anxiety, depression and anger issues. Give your mind some peaceful time. Be mindful of here and now.
Indulge in regular exercise. Make a routine of doing any sort of physical movement each day or play some sport which helps release endorphins, the happy hormones into the body.
Maintain a healthy lifestyle. Refrain yourself from drinking alcohol regularly and smoking. Spend time in the natural surroundings and indulge in some recreational activities once in a while.
Manage work load. Lawyers often over burden themselves with loads of work. Don’t let work pressure push you off limits and make you feel burned out.
Journaling is another way of realizing your feeling and emotions. It helps in releasing problematic thoughts in an effective manner and makes you see things from a new positive perspective. One can also maintain a gratitude journal where in he/she can write down whatever they feel blessed and thankful for.
Take regular time outs and break the monotony of the sedentary style of working.
Connect with positive and optimistic people. Surround yourself with people who are happy to have a open dialogue about mental health and are unbiased in their opinion.
CONCLUSION
Every profession is facing extreme struggle in the COVID-19 times but the legal profession is the most neglected in terms of getting attention to the mental health condition of the attorneys in India. Times don’t remain the same, and situation will definitely change for good but for the time being it is essential to centre our attention to the distressed. Remember to be optimistic and be confident in opening up to issues that disturb your mental peace.
Comments