PEOPLE'S UNION FOR CIVIL LIBERTIES v. UNION OF INDIA
2005-05-09
S.H.KAPADIA, Y.K.SABHARWAL
body2005
DigiLaw.ai
ORDER IAs Nos. 37 and 54 1. By IA No. 37, permission is sought to modify the National Maternity d Benefit Scheme (NMBS) and to introduce a new scheme namely Janani Suraksha Yojana (JSY). Whereas in IA No. 54, the prayer is that the Scheme should not be modified by reducing, abridging or qualifying in any way the social assistance entitlements created under the original scheme of NMBS for expecting BPL mothers, including cash entitlement of Rs 500 provided therein. 2. We have requested learned Additional Solicitor General to place on record further material in the form of affidavit to effectively implement the new scheme sought to be introduced. The further material shall include the approximate distance of public health centre from the residential complexes and the facility of transportation, etc. The Commissioner shall also examine the matter in depth and file a report. The response to the application may be f filed within eight weeks. Meanwhile, the existing National Maternity Benefit Scheme will continue. 3. On oral application of Mr Gonsalves, for the present, we permit Mr Harsh Mander to continue to assist the Commissioner Dr. Saxena. 4. In the Fifth Report of August 2004 of the Commissioner it has been reported that on ground level, public distribution system is not working well, 9 many poor people living BPL have not been issued BPL ration cards. Orders of this Court are not being implemented and to support details have been given at p. 3411 along with recommendations up to p. 3421. 5. The recommendation is that the Chief Secretaries shall put in place a mechanism to ensure suitable action against the officials who hesitate in taking action against the guilty; the State Government shall set up committees to frame detailed procedure and time-frames for dealing with various types of grievances and complaints received from the public; an independent Public Service Commission be constituted to listen to the grievances and provide redressal in a time-bound manner and the said body should be vested with necessary powers and finances to 'carry out its functions and to ensure implementation of the Court's orders. 6. Some of the States mentioned are Rajasthan, M.P., Orissa, Delhi, Bihar, West Bengal, Chhattisgarh and Assam. The State Governments have not responded to the report. 7.
6. Some of the States mentioned are Rajasthan, M.P., Orissa, Delhi, Bihar, West Bengal, Chhattisgarh and Assam. The State Governments have not responded to the report. 7. A grievance has also been made by Mr Gonsalves that despite letters from the Commissioner pointing out the violations of the Court's orders appropriate actions are not taken. Learned counsel suggests that the licences of the violators shall be cancelled and work of public distribution system be assigned to the Panchayat or other bodies. 8. Before we consider these aspects, we deem it appropriate to give a last opportunity to the State Governments to respond to the report, particularly those States whose names have been mentioned in the report, to file their response within eight weeks. IA No. 45 9. Issue notice only to Delhi State. Mr Ashok Bhan, learned counsel, accepts notice. Reply may be filed within eight weeks. IA No. 48 10. Response to this application may be filed within eight weeks. IA No. 50 11. The prayer of the nature made in the application cannot be entertained. If the applicant is aggrieved for non-issuance of BPL card, she may have recourse to appropriate remedy. IA is dismissed. 12. Rest of the matters are adjourned. Court Masters.