PEOPLE'S UNION FOR CIVIL LIBERTIES versus UNION OF INDIA AND ORS

PEOPLE'S UNION FOR CIVIL LIBERTIES versus UNION OF INDIA AND ORS

NMBS must continue alongside JSY, ensuring all BPL pregnant women get Rs.500/- per birth irrespective of age or number of children, with proper advertisement and utilization of earmarked funds. State and Union Territories must report regularly and ensure no diversion of funds.

Parties
Petitioner: People's Union for Civil Liberties; Respondent: Union of India; Respondent: State Governments/Union Territories
Jurisdiction
India
Judgment Date
20 November 2007
Procedural Posture
Writ Petition (civil) No. 196 of 2001 – Civil Original Jurisdiction / Disposition of IA Nos. 37 of 2004 and 54 of 2005
Outcome
Interlocutory Applications disposed of; Directions issued to Union of India, State Governments, and Union Territories.
Legal Topics
Maternity Benefit, National Maternity Benefit Scheme, Janani Suraksha Yojana, Below Poverty Line Pregnant Women, Disbursement of Welfare Funds
Constitutional Law Social Welfare Public Health Maternity Benefit National Maternity Benefit Scheme Janani Suraksha Yojana Below Poverty Line Pregnant Women Disbursement of Welfare Funds

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Parties

People's Union for Civil Liberties

Petitioner

Union of India

Respondent

State Governments/Union Territories

Respondent

Procedural Posture

Writ Petition (civil) No. 196 of 2001 – Civil Original Jurisdiction / Disposition of IA Nos. 37 of 2004 and 54 of 2005

Legal Issues

  1. 1 Whether National Maternity Benefit Scheme (NMBS) can be discontinued or modified upon introduction of Janani Suraksha Yojana (JSY)
  2. 2 Whether the benefits under JSY and NMBS reach all eligible Below Poverty Line pregnant women regardless of age and number of children
  3. 3 Ensuring proper utilization and advertisement of funds for maternity benefit schemes

Ratio Decidendi

NMBS must continue alongside JSY, ensuring all BPL pregnant women get Rs.500/- per birth irrespective of age or number of children, with proper advertisement and utilization of earmarked funds. State and Union Territories must report regularly and ensure no diversion of funds.

Court Disposition

Interlocutory Applications disposed of; Directions issued to Union of India, State Governments, and Union Territories.

Orders

  • NMBS to continue; JSY to improve upon NMBS benefits for home deliveries.
  • Ensure all BPL pregnant women get cash assistance Rs.500/- per birth 8-12 weeks before delivery, regardless of age or number of children.