The Delhi High Court has called upon the Bar Council of India (BCI) and the Bar Council of Delhi (BCD) to devise a structured policy for financial assistance to the dependents of deceased advocates, noting that families often face acute financial distress in the absence of institutional support.
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela was hearing an appeal filed by Darshana Rani, mother of late advocate Kamal Khurana, seeking release of a Rs.10 lakh life insurance claim under the Chief Minister Advocates Welfare Scheme (CMAWS). The claim had been rejected on the ground that Khurana passed away in August 2023, prior to the commencement of the relevant insurance coverage cycle beginning 20 October 2023.
The Court upheld the rejection, noting that “insurance coverage is inherently contingent upon the activation of the policy, which, in this case, occurred after the unfortunate event.” It observed that mere registration under CMAWS did not create any entitlement unless enrolment credentials were duly verified and the policy period had commenced.
While holding that the appellant was not entitled to relief under CMAWS or the Advocates Welfare Fund Trust, since benefits under the latter apply only during an advocate’s lifetime, the Bench took note of assistance already extended by BCD. “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,” the Bench held.
However, the Court granted liberty to the appellant to approach BCI and BCD for additional relief under any existing scheme, directing that her request be considered with compassion. “The authority of Bar Council of India or BCD is requested to consider the case of the appellant sympathetically,” the Bench directed.
The Court urged both bar councils to institutionalise a welfare policy, stating, “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 appeal was accordingly disposed of, with directions to furnish a copy of the order to BCI and BCD for immediate consideration.
Case Title: Darshana Rani Vs. The Government Of Nct Of Delhi
Case No: LPA 168/2025, CM APPL. 13008/2025, CM APPL. 13009/2025 & CM APPL. 13010/2025
Coram: Chief Justice Devendra Kumar Upadhyaya, Justice Tushar Rao Gedela
Advocate for Appellant: Advs. B.S. Bagga, Jitender Khurana,
Advocate for Respondent: Advs. T. Singhdev, Tanishq Srivastava, Sourabh Kumar, Vedant Sood,
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