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Delhi HC asks BCI, BCD to draft policy for financial aid to families of deceased lawyers

The Delhi High Court has urged the Bar Council of India (BCI) and the Bar Council of Delhi (BCD) to frame a clear policy for providing financial help to the families of lawyers who pass away.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela made the suggestion while hearing a plea filed by the mother of a deceased lawyer, Darshana Rani. She had sought a life insurance claim of ₹10 lakh under the Chief Minister Advocate Welfare Scheme (CMAWS) after her son’s death.

The Delhi government had earlier rejected her claim, stating that the insurance policy was activated only after her son’s demise, making her ineligible. A single-judge had upheld this rejection, prompting her to approach the Division Bench.

The Court clarified that she could not benefit under CMAWS or the Advocates Welfare Fund since both schemes apply only to practising advocates during their lifetime. However, the judges noted that the BCD had already extended monthly financial support to the petitioner’s family from December 2023 to December 2025 and praised this initiative.

The Bench observed that many lawyers’ families face severe financial hardship after their death since most depend solely on the lawyer’s professional income. It therefore asked BCI and BCD to consider framing a policy or scheme to prevent families from falling into poverty in such situations.

The Court also granted liberty to the petitioner to approach BCI or BCD under any existing welfare funds or policies, and requested the authorities to consider her case with sympathy.

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