Delhi High Court Calls Upon Bar Councils To Frame Policy For Financial Assistance To Deceased Lawyers' Families
The Delhi High Court has called upon the Bar Council of India as well as the Bar Council of Delhi to frame a policy providing financial aid to the families of deceased lawyers.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed that a lawyer's earnings are totally dependent on his professional expertise and on its lapse upon his demise, the...
The Delhi High Court has called upon the Bar Council of India as well as the Bar Council of Delhi to frame a policy providing financial aid to the families of deceased lawyers.
A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed that a lawyer's earnings are totally dependent on his professional expertise and on its lapse upon his demise, the families have no financial reprieve.
It thus observed,
“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. After all, for most of the advocates and their family, usually the source of income is from the professional exertions and ordinarily they have no financial assistance in situations where the advocate unfortunately expires.”
The development comes in an appeal preferred by the mother of a deceased lawyer, seeking directions to the Delhi government for payment of life insurance claim of ₹10 lakhs under the Chief Minister Advocate Welfare Scheme on account of the death of her Advocate-son.
The relief was denied stating that insurance coverage is inherently contingent upon the activation of the policy, which, in this case, occurred after her son's demise.
While the lawyer passed away on August 20, 2023, his policy was activated only from October 20, 2023.
“Clearly, the appellant does not fall within the scope of Advocates Welfare Fund Trust constituted under the Advocates Welfare Fund Act, 2021, as we are informed that benefit under this Fund is applicable and available to advocate while they are alive,” the High Court said.
It then noted that the BCD was providing financial aid to the appellant by granting her monthly financial assistance for two years.
Thus, it refused to pass any favourable orders but granted liberty to the appellant to approach the BCI or BCD for availing benefits under Bar Council of India Advocates Welfare Fund.
Appearance: Mr. B.S. Bagga and Mr. Jitender Khurana, Advocates for Appellant; Mr. T. Singhdev, Mr. Tanishq Srivastava, Mr. Sourabh Kumar and Mr. Vedant Sood, Advocates for R-2/BCO.
Case title: Darshana Rani v. The Government Of Nct Of Delhi Through Pr Secretary & Anr.
Citation: 2025 LiveLaw (Del) 1206
Case no.: LPA 168/2025