Delhi HC Directs Bar Councils To Frame Welfare Policy For Families Of Deceased Lawyers [Read Judgment]

New Delhi: The Delhi High Court has directed the Bar Council of India (BCI) and Bar Council of Delhi (BCD) to frame policies to alleviate the financial suffering of families of deceased lawyers, emphasizing that the families of advocates should not face “abject penury” after losing their primary breadwinner.

Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela made observations about the need for comprehensive welfare schemes for the legal fraternity and their dependents.

The court addressed a Letters Patent Appeal filed by Darshana Rani, challenging the dismissal of her claim for ₹10 lakh life insurance under the Chief Minister Advocate Welfare Scheme (CMAWS) following her son’s death.

The appellant’s case arose from a tragic timing issue, as her son, advocate Kamal Khurana, died on August 2, 2023, but the insurance policy under which he was eventually enrolled only commenced on October 20, 2023. The court observed:
“Due to the unfortunate demise of her son, late Sh. Kamal Khurana on 02.08.2023, which occurred much before the commencement of the existing insurance policy of 2023, i.e., 20.10.2023, the request of the appellant for processing the life insurance claim of ₹10 lakh under the CMAWS was rejected.”

The Single Judge had earlier dismissed the petition, noting that the deceased advocate’s credentials were verified and his name included in the insurance policy only after his death. The court stated:
“Insurance coverage is inherently contingent upon the activation of the policy, which, in this case, occurred after the unfortunate event.”

However, recognizing the appellant’s plight, the Division Bench directed the Bar Council of Delhi to explore alternative assistance. The court noted:
“The BCD has taken a proactive and benevolent step in providing financial aid to the appellant by granting monthly financial assistance for a period from 15.12.2023 to 15.12.2025, in order to mitigate the financial crisis that the appellant’s family may have found itself in.”

In a significant directive with broader implications for the legal fraternity, Justice Gedela observed:
“The BCI and BCD are further requested to draw up some Policy or Scheme to alleviate the conditions of persons such as the appellant so as to ensure the families of advocates do not suffer abject penury on account of loss of the advocate.”

The court emphasized the financial vulnerability of legal families, stating:
“After all, for most advocates and their families, the primary source of income is their professional exertions, and ordinarily they have no financial assistance in situations where the advocate unfortunately expires.”

The bench granted liberty to the appellant to approach BCI or BCD for any permissible financial assistance under existing schemes, directing the authorities to “consider the case of the appellant sympathetically.”

The Bar Council of Delhi, through its Secretary Col. Arun Sharma (Retd.), informed the court about various welfare schemes available, including the Indigent & Disabled Lawyers Committee, which had already sanctioned ₹10,000 per month for two years to the appellant starting December 15, 2023.

The court concluded by emphasizing the humanitarian aspect of legal welfare, noting that while it could not direct further assistance from BCD due to policy limitations, it hoped the broader directive would lead to meaningful reforms in advocate welfare schemes.

Mr. B.S. Bagga and Mr. Jitender Khurana, Advocates, appeared for the appellant, while Mr. T. Singhdev, Mr. Tanishq Srivastava, Mr. Sourabh Kumar, and Mr. Vedant Sood, Advocates, represented the Bar Council of Delhi.

Case Title: Darshana Rani vs. The Government of NCT of Delhi & Anr.

[Read Judgment]