With no statutory protection, over half of law students work without pay, deepening socio-economic divides and normalising free labour in a critical profession. Bar Council’s non-binding guidelines are not enough. Statutory rights are overdue.
Hadi Mushtaq Dar
From drafting pleadings to conducting research and supporting litigators, legal and research interns constitute an essential workforce in the corridors of law firms, chambers, courts, and think tanks throughout India. Interns carry out significant tasks that support the daily operations of the legal profession. However, these young hopefuls frequently provide their skills without compensation in the absence of any defined rule or enforced legislation; this practice is being criticised as exploitative, exclusive, and at variance with the principles of fair labour standards.
The Prevalence And Preference For Unpaid Legal Internships
The problem of unpaid internships has garnered attention on a global scale. The legal field is one of the worst offenders among professional sectors, with over half (46%) of legal internships being unpaid or underpaid, according to a historic analysis by the UK’s Sutton Trust. Many internships paid less than the legal minimum wage, forcing interns to rely on family assistance, and around one in five gave no financial compensation at all.
Closer to home, limited official data has made accurate quantification difficult, but many independent assessments show a similar pattern in India’s legal education ecosystem. A comprehensive research of internship patterns indicated that a sizable majority of law students (about 75%) prefer paid internships, with only a tiny percentage ready to work for free. This preference highlights an important reality: legal internships are no longer viewed as a mere ‘add-on’ to the curriculum, but as valuable work deserving of monetary compensation.
Regulatory Vacuum And Judicial Observations
Unlike many industries with statutory job rights, India currently lacks a strict legal framework governing internships for law students. The Advocates Act of 1961, the primary statute governing the legal profession, does not specify stipends or working conditions for interns, nor do the Minimum Wage Act of 1948, nor the Code on Wages, 2019, expressly apply to unpaid interns engaged in legal work.
In 2021, the Madhya Pradesh High Court provided a striking example of this regulatory loophole. Because interns are not workers and cannot claim rights typically associated with paid labour, the Court rejected a public interest petition seeking enforceable standards on working hours and stipends for legal interns. The Court’s justification that interns are getting experience rather than working under a contract highlights how current jurisprudence refrains from considering interns as members of the official workforce.
While the judiciary has tackled matters like minimum wages and gig workers, unpaid interns remain outside the protective ambit of labour law. Academic commentaries note a worrying absence of enforcement mechanisms or government data tracking the magnitude and conditions of unpaid legal internships across India.
Ground Reality: Privilege, Inequality And Exploitation
For young attorneys, the unpaid internship culture has actual human costs, both monetary and social. Many interns report that they labour full-time on research, drafting, client work, and even court appearances for little or no compensation for their travel expenses. The expense of housing, food, transportation, and opportunity costs can be too much for students from low-income families or those living in Tier-2 and Tier-3 cities.
Attending classes, getting ready for tests, and putting in lengthy, unpaid internship hours are just a few of the obligations that law students frequently juggle. Some claim that working long hours with no accountability or credit is similar to “free labour” on important jobs. Due to their unclear work status, interns had no legal recourse when promised stipends were never paid, despite contractual commitments, according to experiences posted on student forums.
This environment exacerbates socio-economic disparities. Students from privileged backgrounds, with family support or access to professional networks, can afford to accept unpaid positions that boost their resumes and future employability. Those without such support are effectively shut out of opportunities, creating a system where access to internships (and thus career progression) correlates with socio-economic status.
The Argument For Reform
Legal scholars, student groups, and even senior practitioners increasingly argue that such a status quo is untenable. Without clear regulations on compensation, working hours, leave entitlements, and training quality, internships risk becoming exploitative rather than educational. The present model effectively normalises unpaid labour under the guise of ‘experience’, a justification that undervalues interns’ contributions and deepens inequality.
Several reform proposals have been suggested, including:
- Mandatory stipends for all legal internships exceeding a defined duration.
- Statutory guidelines framing internships as legitimate work engagements with minimum rights.
- Enforcement mechanisms to ensure compliance and protection for interns against harassment, discrimination, and wage disputes.
Legal regulators like the Bar Council of India (BCI) have occasionally issued non-binding recommendations on fair stipends, but these lack enforcement teeth. Without statutory backing, such guidelines remain aspirational.
Conclusion
From law students in any district court to interns in legal think-tanks or appellate authorities/courts, the lived reality is clear – unpaid internships are widespread, risky, and exclusionary. They undermine the principles of labour justice and contravene the notion of equal opportunity in one of the nation’s most critical professions.
As debates around unpaid internships intensify globally, with countries considering bans or stricter enforcement, India too must address this “regulatory blind spot” with clarity, fairness, and urgency. Only then can the legal profession ensure that the formative years of aspiring lawyers are grounded not in exploitation, but in equitable learning and professional dignity.
The writer is a BA LLB (Hons) graduate from the School of Law, University of Kashmir
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