The Kerala High Court Advocates’ Association (KHCAA) has called for a ‘Pen Down Protest’ on April 9, 2025, in strong opposition to the recent hike in court fees across Kerala. The decision, supported by multiple Bar Associations in the state, is a response to the amendments made through the Kerala Finance Act, 2025, which the KHCAA describes as “arbitrary, unreasonable, exorbitant and exponential.”
LETTER TO CHIEF JUSTICE HIGHLIGHTS CONSTITUTIONAL CONCERNS
In a letter addressed to the Chief Justice of the Kerala High Court, KHCAA President Yeshwanth Shenoy argued that the unilateral increase in court fees by the State is a violation of Article 21 of the Constitution, which guarantees the right to life, including access to justice.
“The KHCAA brings your Lordship’s attention to the fact that most courts have ‘reserved’ many Judgments and we hope the Judges will fruitfully use 9 April 2025 to pen down a few Judgements.”
— Letter from KHCAA President Yeshwanth Shenoy
The letter suggested that judges utilize the protest day to deliver judgments in pending reserved cases.
KHCAA ISSUES PROTEST NOTICE TO ADVOCATES
A formal notice was also issued by the KHCAA Secretary, calling on all members to participate in the statewide protest:
“Members are requested to participate in ‘pen down’ protest and abstain from Court proceedings on 09.04.2025 in tune with the decision taken by the KHCAA General Body meeting held on 04.04.2025 and also by the decision taken in the meeting held on 05.04.2025 of all the Bar Associations in the state of Kerala.”
The KHCAA emphasized that the protest is not merely for the legal community, but to raise public awareness regarding the broader implications of the fee hike.
“The Bar and the Bench are the two wheels of the Chariot of Justice, and we hope the Bench supports the cause that is being raised by the Bar and no adverse orders are passed for non-appearance on 9 April 2025. The cause that the Bar is raising does not directly affect the Bar, but affects millions of people who are not even aware of how their lives will be affected.
By this pen down protest, we are only raising awareness of the People to the grave injustice caused to them by the acts of the State.”
— KHCAA Letter to the Chief Justice
PIL FILED AGAINST COURT FEE HIKE
The KHCAA has also filed a Writ Petition (PIL) under Article 226 of the Constitution challenging the amendments made to the Kerala Court Fees and Suit Valuation Act, 1959, via the Kerala Finance Act, 2025.
The petition highlights that court fees have been increased by 400% to 9900%, which makes access to justice financially prohibitive for the common citizen.
“Court Fees have been hiked by 400 % to 9900 % even in matters relating to Writ Petitions seeking for enforcement of Fundamental Rights, Contempt Proceedings intimating about wilful disobedience of directions issued by the Courts, Criminal Justice Administration, etc.
The actions of the Respondents amount to taxing the litigants and the same is beyond the legislative competence of the State,”
– Excerpt from KHCAA PIL
KEY CONCERNS RAISED BY KHCAA
- The fee hike impacts all categories of litigation, including those about fundamental rights and criminal justice.
- The increase is financially burdensome for ordinary litigants, thereby infringing upon their constitutional rights.
- The State’s action has been described as a “unilateral act” taken without proper consultation or consideration of public impact.
