Facts of the Case:

The petitioner, Bidesh Kumar Dan, filed a Public Interest Litigation (PIL) Bidesh Kumar Dan vs UOI before the Jharkhand High Court, raising serious concerns about the lack of institutional welfare measures particularly health and insurance benefits for advocates in the state. The case highlighted the systemic neglect of a community that plays a vital role in delivering justice.

Contentions of the Parties:

Petitioner’s Argument:

Advocates, despite being indispensable to the justice system, have been denied basic welfare and health insurance benefits by both the State and the Union Government. This lack of support violates the principles of social justice and dignity.

Respondents’ Position:

The State and Union of India, along with the Bar Council of India (BCI) and Jharkhand State Bar Council (JSBC), responded with assurances to explore possible mechanisms and sought time to gather instructions. No active welfare scheme was already in place for advocates.

Court’s Observations:

The Division Bench comprising Chief Justice Dr. B.R. Sarangi and Justice Sujit Narayan Prasad made strong remarks on the systemic injustice faced by lawyers, “It appears that though the lawyers’ community is helping the people by discharging his duty in dispensation of justice, but they are not being given justice either by the State or by the Union.”

The Court stressed the essential role of lawyers and their economic vulnerability, “Many of the lawyers are not able to maintain properly because of paucity of fund… the benefit of insurance should be extended to the lawyers as a whole.”

The Court directed both the State and Union governments, as well as bar councils, to formulate guidelines ensuring health and life insurance for advocates, underlining that justice must also be served to those who serve justice.

Court’s Order (10th July 2024):

• Directed the State and Union to take concrete steps toward implementing health and life insurance schemes for advocates.
• Mandated submission of implementation progress by 31st July 2024.
• Called for active participation from the BCI, JSBC, and Advocates’ Association.

State Action subsequent to the Judgement:

In a Cabinet meeting on 6th September 2024, Jharkhand Chief Minister Hemant Soren approved a ₹5 lakh medical insurance cover for over 30,000 advocates. Two additional schemes were also sanctioned:

1. Monthly Pension of ₹14,000 for advocates aged 65 and above.
2. Monthly Stipend of ₹5,000 for newly enrolled advocates for the first five years.

Launch of Advocate Health Insurance Scheme – 3rd May 2025:

At a state-level event held and the CM officially launched the Advocates Health Insurance Scheme under the Rajyakarmi Swasthya Bima Yojana, marking a historic first in India. The scheme became effective from 1st May 2025.

“This scheme is a step towards ensuring dignity and security for our respected legal professionals. The government has taken it upon itself to shoulder the healthcare responsibilities of this vital segment of society.” — CM Hemant Soren

Comprehensive Benefits for Advocates under the Scheme:

• ₹5 lakh medical insurance coverage for advocates and their entire families.
• Pension of ₹14,000/month for senior advocates aged 65+.
• Stipend of ₹5,000/month for newly enrolled advocates during their first five years of practice.
• Access to Guruji Credit Card Yojana for interest-free education loans up to ₹15 lakh.

There were other benefits for advocates announced during the event:

• Distribution of Advocate Health Insurance Cards to thousands of beneficiaries.
• Announcement of a law university to strengthen the legal ecosystem in Jharkhand.
• Encouragement to avail Guruji Credit Card Yojana for interest-free education loans up to ₹15 lakh for advocate families.

The Advocate Health Insurance Scheme, born from judicial concern and state responsiveness, represents a fundamental shift in acknowledging the social security needs of legal professionals.

Credits: Adv. Deeksha Rai