LexPEOPLE'S UNION FOR CIVIL LIBERTIES versus UNION OF INDIA AND ORS
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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PEOPLE'S UNION FOR CIVIL LIBERTIES
A
v.
UNION OF INDIA AND ORS
NOVEMBER 20, 2007
B
[DR. ARIJIT P ASAY AT AND S.H. KAPADIA, JJ.)
Maternity Benefit:
National Maternity Benefit Scheme (NMBS)-Modification of- c
Janani Suraksha Yojna (JSY) Scheme providing/or further maternity
benefit to women-Introduction of-Held: NMBS Scheme to continue-
Union of India and all State Governments/Union Territories to ensure
that all Below Poverty Line (BP L} pregnant women get cash assistance
of Rs.5001-per birth irrespective of age of the women and number of D
children-Schemes should be advertised regularly so that intended
beneficiaries become aware of the Scheme and get the benefit of the
Scheme-Money ear-marked for the Scheme should not be utilized for
any other pwpose-Taking into consideration all these aspects, if need
be, necessaiy amendment in the Scheme could be made-Directions E
issued
Respondent No.1-Union of India filed an application seeking
permission to modify the National Maternity benefit Scheme (NMBS)
and to introduce a new Scheme called the Janani Suraksha Yojana (JSY). F
Another application was filed by the petitioner questioning legality of
the discontinuation of the benefit under the NMBS due to introduction
of JSY Scheme. This Court vide its order dated 27.4.2004 directed that
no Scheme .. .in particular ... National Maternity Benefit Scheme shall
be discontinued or restricted in any way without prior approval of the G
Court. Later, by order dated 9.5.2005 this Court directed that Additional
Solicitor General to place on record further material in the form of
affidavit to effectively implement the new Scheme sought to be
introduced. It was also directed that the Commissioner shall examine
311
H
312
SUPREME COURT REPORTS
[2007] 12 S.C.R.
A the matter in depth and file a report. According to the Union oflndia,
JSY Scheme was introduced to put a premium on the willingness of poor
women to go in for institutional delivery instead of home delivery.
Pursuant to the order of this Court dated 9.5.2005 the Central
B Government, after discussions with the Commissioner, senior officials,
took a decision to modify the JSY Scheme to continue benefits ofNMBS
and also to improve upon such benefits for non-institutional delivery,
where the woman chooses to deliver her baby at home and submitted a
report. The report submitted by the Government shows that the NMBS
c Scheme has virtually not taken off in many States and also benefits
under the JSY Scheme has been disproportionately given to only those
women who have had institutional deliveries.
Disposing ofl.A. Nos. 37 of2004 and 54 of2005, the Court
J..
D
HELD: 1.1. On consideration of the submissions of the petitioner
...
and Union oflndia and various aspects and the material data placed on
record, following directions are issued:
,,,.
(QThe Union oflndia and all the State Governments and the Union
E Territories shall (i) continue with the NMBS and (ii) ensure that all BPL
pregnant women get cash assistance 8-12 weeks prior to the delivery.
(ii) The amount shall be Rs.500/-per birth irrespective of number
·~
of children and the age of the woman.
' '
F
(iii) All concerned Governments are directed to regularly advertise
the revised scheme so that the intended beneficiaries can become aware
of the Scheme.
(iv) The Central Government shall ensure that the money
G
earmarked for the Scheme is not utilized for any other purpose. The
mere insistence on utilization certificate may not yield the expected
...
result.
(v) It shall be the duty of.all the concerned to ensure that the
benefits of the Scheme reach the intended beneficiaries. In case, it is
H noticed that there is any diversion of the funds allocated for the Scheme,
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PEOPLE'S UNION FOR CIVIL LIBERTIES v.
313
UNION OF INDIA
such stringent action as is called for shall be taken against the erring A
officials responsible for diversion of the funds.
(vi) The Union of India, State Governments and the Union
Territories shall file affidavits indicating the total number of births in
the State, number of eligible BPL women who have received the benefits, B
number of BPL women who had home/non-institutional deliveries and
have received the benefit, number ofBPL women who had institutional
deliveries and have received the benefit. [Para 14] (321-H; 322-A-G)
2. It would be necessary to take note of certain connected issues c
have relevance. It seems frExcerpt shown. Read the full judgment & AI analysis in Lexace.