The Delhi High Court recently asked the Bar Council of India (BCI) and the Bar Council of Delhi (BCD) to frame a policy to alleviate the financial sufferings of family members of deceased lawyers [Darshana Rani vs. The Government NCT of Delhi & Anr].
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela asked the bar bodies to formulate a policy for providing financial assistance to such family members.
"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 Court observed.
The Court was hearing a plea filed by a deceased lawyer's mother (petitioner) who moved the Court for payment of life insurance claim of ₹10 lakh under the Chief Minister Advocate Welfare Scheme (CMAWS) on account of the death of her son.
The Delhi government had earlier rejected the life insurance claim 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 of the High Court had upheld the same prompting the mother to move the Division Bench.
She stated that the claim was rejected since her son passed away before the CMAWS came into force.
The Court found that she was not entitled to benefit if the scheme as it is only given during the lifetime of the advocates.
"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 Court observed.
The Court also noted that the BCD was extending financial assistance to the family for about 2 years after the advocate's death.
It lauded the bar body for its gesture.
"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," the Court stated.
It then granted the petitioner liberty to approach the BCI and BCD for financial assistance.
"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," the Court directed.
Advocates BS Bagga and Jitender Khurana appeared for the deceased advocate’s mother.
Advocates T Singhdev, Tanishq Srivastava, Sourabh Kumar and Vedant Sood appeared for BCI.
[Read Judgment]