The Delhi High Court directed the Bar Council of India (BCI) and Bar Council of Delhi (BCD) to frame a policy to support families of deceased lawyers facing penury.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: The Delhi High Court has emphasized the urgent need for structured financial support to the families of deceased advocates, directing the Bar Council of India (BCI) and the Bar Council of Delhi (BCD) to formulate a policy to address such hardships.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela made this observation while hearing the case Darshana Rani vs. The Government NCT of Delhi & Anr. The petitioner, mother of a deceased lawyer, had approached the Court seeking release of the ₹10 lakh life insurance claim under the Chief Minister Advocate Welfare Scheme (CMAWS).
Case Background
The petitioner’s son, a practicing advocate, passed away before the CMAWS was activated. When she applied for the life insurance claim under the scheme, the Delhi government rejected it, stating that
“insurance coverage is inherently contingent upon the activation of the policy, which, in this case, occurred after the unfortunate event.”
A single-judge bench upheld the rejection, after which the petitioner appealed before the Division Bench.
Court’s Observations
The Court acknowledged that the petitioner could not claim benefits under CMAWS or the Advocates Welfare Fund Trust (as per the Advocates Welfare Fund Act, 2021), as these schemes only apply during the lifetime of an advocate.
However, the Bench emphasized that families of deceased lawyers often face severe financial distress, as legal practice is usually the only source of livelihood. The Court stated:
“The BCI and BCD is further requested to draw up some policy or scheme to alleviate the conditions of persons such as the appellant so as to ensure the family of the advocates do not suffer abject penury on account of loss of the advocate.”
ALSO READ: CJI Gavai on Bulldozer Verdict: “Immense Satisfaction as It Dealt with Human Problems”
Role of Bar Council of Delhi (BCD)
The Court also recognized that the BCD had already extended financial aid to the petitioner by providing monthly assistance from 15.12.2023 to 15.12.2025, calling it a “proactive and benevolent step.” However, the Bench clarified that without a formal policy, it could not direct further financial assistance.
Liberty to Approach BCI and BCD
The Court granted the petitioner the liberty to approach both BCI and BCD for financial support under any existing welfare schemes, while also requesting the bar bodies to sympathetically consider her case.
“So far as Bar Council of India Advocates Welfare Fund constituted under the Bar Council of India Rules is concerned, or any other such policy that Bar Council of India or BCD may have, we grant liberty to the appellant to approach the said authorities.”
Chief Minister’s Advocates’ Welfare Scheme (CMAWS)
The CM Advocates’ Welfare Scheme was announced by Delhi CM Arvind Kejriwal after recommendations of a 13-member Committee headed by Rakesh Khanna (President, Supreme Court Bar Association) in December 2019. A budget of ₹50 crore was allocated to benefit advocates enrolled with the Bar Council of Delhi (BCD).
Eligibility:
- Must be enrolled with the Bar Council of Delhi.
- Must have a Delhi Voter ID (initially controversial, later extended after a legal challenge).
- Registration through the Department of Law, Justice, and Legislative Affairs portal.
Key Benefits:
- Group Term Insurance
- Life insurance cover of ₹10 lakh per practicing advocate (through LIC).
- Around 40,115 advocates covered (as per BCD data).
- Group Medi-Claim
- Medical insurance for advocate, spouse, and two children (up to 25 years).
- Proposed premium: ₹8,500 + GST.
- E-Library
- E-libraries in 6 Delhi district courts (Tis Hazari, Karkardooma, Patiala House, Rohini, Dwarka, Saket).
- Equipped with computers, legal databases (SCC Online, Manupatra, AIR, etc.), and printers.
- Creche Facility
- Free creche facilities in all 6 district courts for female advocates and women staff employed by lawyers.
- To be run via LIC CSR or state government funds.
Registration Process (2020):
- Visit the official Law Department website.
- Fill out the online form with details.
- Verify information and submit.
- Receive OTP and complete registration.
- Unique ID number issued to successful applicants.
Appearance:
For the deceased advocate’s mother: Advocates BS Bagga and Jitender Khurana
For Bar Council of India: Advocates T Singhdev, Tanishq Srivastava, Sourabh Kumar and Vedant Sood
Case Title:
Darshana Rani vs. The Government NCT of Delhi & Anr
LPA 168/2025, CM APPL. 13008/2025, CM APPL. 13009/2025 & CM APPL. 13010/2025
Read Judgment:
Click Here to Read More Reports On the Bar Council of India
Click Here to Read More Reports On the Bar Council of Delhi
