Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maternity Benefit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Maternity Benefit:National Maternity Benefit Scheme (NMBS) - Modification of - Janani Suraksha Yojna (JSY) Scheme providing for 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 (BPL) pregnant women get cash assistance of Rs.500/- per birth irrespective of age of the women and number of 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 purpose - Taking into consideration all these aspects, if need be, necessary amendment in the Scheme could be made - Directions 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). 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 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 the matter in depth and file a report. According to the Union of India, 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 Government, after discussions with the Commissioner, senior officials, took a decision to modify the JSY Scheme to continue benefits of NMBS 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 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. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1163 |
Petitioner | People`s Union For Civil Liberties |
Respondent | Union Of India And Ors |
SCR | [2007] 12 S.C.R. 311 |
Judgement Date | 2007-11-20 |
Case Number | 196 |
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