Delhi High Court Directs BCI & BCD To Draw Up Some Policy For Supporting Deceased Advocates' Families

The Delhi High Court urges Bar Council of India and Bar Council of Delhi to draw up some Policy or Scheme to alleviate the financial assistance of the deceased advocates' families so that the families of the advocates do not suffer abject penury.

Earlier, a single-bench judge dismissed the petition, pointed that under the medical insurance policy does not automatically imply eligibility or inclusion under the life insurance policy, given the distinct nature of these schemes and their respective coverage periods and stated that “Insurance coverage is inherently contingent upon the activation of the policy, which, in this case, occurred after the unfortunate event.”

A Division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, while disposing of the appeal, stated that “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.”

Furthermore, the Court observed that, “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. To our mind, the BCD has taken a proactive and benevolent step in providing financial aid to the appellant by granting a monthly financial assistance for a period from 15.12.2023 to 15.12.2025, in order to mitigate the financial crisis the family of appellant may have found itself in, post the unfortunate loss of her son. In these circumstances, we would not be in a position to direct any further assistance from the BCD due to lack of any such Policy.”

Also, bench directed, “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 to seek any such financial assistance as may be permissible under law. The authority of Bar Council of India (hereinafter referred to as “BCI”) or BCD is requested to consider the case of the appellant sympathetically."

Advocate B.S. Bagga appeared for the Appellant, and Advocate T. Singhdev appeared for the Respondent.

Brief Facts

The appellant’s case in brief is that the son of the appellant(deceased Advocate), registered himself under CMAWS, which was introduced for the benefit of advocates enrolled with the Bar Council of Delhi. Since the Electoral Photo Identification Card (“EPIC”) number of deceased advocate was not verified by the concerned authority in terms of his eligibility under the CMAWS, his name was neither included in the list of beneficiaries during the initial policy, nor included in the list of beneficiaries. Thereafter, notice clarified that mere registration under the Scheme would not confer benefits under the CMAWS until the Delhi Bar Council enrolment number and EPIC number are verified by the BCD and the National Voters’ Service Portal (NVSP) of the Election Commission of India or the Office of the Chief Electoral Officer, Delhi.

Cause Title: Darshana Rani v. The Government of NCT of Delhi through Principal Secretary & Anr. (LPA 168/2025)

Appellant Advocate B.S. Bagga and Advocate Jitender Khurana

Respondent Advocate T. Singhdev, Advocate Tanishq Srivastava, Advocate Sourabh Kumar, and Advocate Vedant Sood

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