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Wednesday, Oct 24, 2007
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Maternity scheme norms: order reserved

Legal Correspondent

PUCL seeks guidelines for effective implementation

Most of the States diverting funds: PUCL
Restrictions removed under revised scheme: Centre

New Delhi: The Supreme Court on Tuesday reserved orders on an application by the People’s Union for Civil Liberties seeking guidelines and a monitoring mechanism for effective implementation of the national maternity benefit scheme (NMBS) for pregnant women.

Renamed

During the hearing, Additional Solitictor-General Mohan Parasaran, appearing for the Centre, said that under the NMBS, the benefit was limited to two live births, but under the revised scheme, renamed Janani Suraksha Yojana, the restriction was removed. Also, the benefits of the scheme were extended to all BPL (Below Poverty Line) women.

At this juncture, Justice S.H. Kapadia, who was on a Bench along with Justice Arijit Pasayat, told Mr. Parasaran: “You cannot go on producing children and then make the taxpayer pay for it. It cannot go on like that. There has to be an end to it.”

Earlier, Colin Gonsalves, counsel for the PUCL, said most of the States were diverting the funds allotted under the maternity scheme. There were no guidelines to ensure proper implementation.

Utilisation certificate

Mr. Parasaran said the funds were released after the States sent a utilisation certificate. To this, Mr. Justice Kapadia said, “This will suit you [Centre] because if the utilisation is less than the amount sanctioned, the next year you will sanction only the amount utilised. This will not ensure effective implementation.”

The PUCL said though the scheme had been modified, the amendment was not sent to various States; as a result, the benefit of Rs. 500 to a pregnant woman remained only on paper and lakhs of poor women in rural areas were denied it.

Tamil Nadu model

The PUCL said that in Tamil Nadu, each pregnant woman was paid Rs. 1,000 a month for six months — three months before delivery and three months after delivery. This model should be followed by other States.

It sought a direction to the Centre, the States and the Union Territories to continue with the NMBS in such a manner that all BPL pregnant women were provided with cash assistance 8-12 weeks before delivery, apart from laying down guidelines for proper implementation of the scheme.

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