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The Delhi High Court has emphasised the urgent need for welfare schemes to support families of deceased advocates, noting that many depend entirely on the professional earnings of lawyers and are left in financial distress after their demise.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela made the observations while disposing of an appeal filed by Darshana Rani, the mother of late advocate Kamal Khurana. She had challenged the rejection of her claim for Rs 10 lakh under the Chief Minister Advocates Welfare Scheme (CMAWS), after her son's death on August 2, 2023. The Court noted that Khurana's name was included in the insurance policy only for the period beginning October 20, 2023--almost three months after his death--and therefore no contractual obligation existed to extend benefits to the appellant. While upholding the denial of the claim, the Court expressed empathy for the mother's plight. Importantly, the judges highlighted that the Bar Council of Delhi (BCD) had already sanctioned financial aid of Rs 10,000 per month for a period of two years, commencing from December 2023, under its Indigent and Disabled Lawyers Committee. However, the Bench observed that such ad hoc relief was not sufficient and broader policy measures were required. "We request the Bar Council of India and Bar Council of Delhi to draw up some policy or scheme to alleviate the conditions of persons such as the appellant to ensure the family of the advocates does not suffer abject penury on account of loss of the advocate," the Court said, underscoring that most advocates' families lack any safety net in such situations. The Court disposed of the appeal but granted the appellant liberty to approach the Bar Council of India or BCD for any further financial assistance permissible under the existing rules, directing that her case be considered sympathetically. (ANI)
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