24 October, 2007

Relaxation of maternity norms irks SC

The Times of India Delhi 24 October 2007 P. 18

Says Benefits Without Curbing Childbirths Will Impair Efforts To Check Population

New Delhi: The Union health ministry’s decision to extend maternity benefits to a below poverty line (BPL) mother without any limit on number of childbirths evoked sharp criticism from the Supreme Court on Tuesday as it felt this could severely impair efforts to check the high population growth rate.

The court was informed that the benefit was limited to two live childbirths per BPL mother under National Maternity Benefit Scheme (NMBS). But, under the revised Janani Suraksha Scheme (JSY), the ministry decided in July this year to do away with the limit on number of childbirths.

Colin Gonsalves, counsel for petitioner, NGO People’s Union for Civil Liberties (PUCL), was seeking better implementation of JSY, but a bench comprising Justices Arijit Pasayat and S H Kapadia asked why the Centre removed the limit of two live childbirths per BPL mother.

“There should be some control over the population. The benefit cannot continue for 6-7 children per mother. The tax payers cannot go on paying for so many children. We have to put a curb there,” the bench said before reserving order on PUCL’s application.

Gonsalves said poor implementation of the scheme resulted in very few beneficiaries under the JSY and the relaxation of norms was to ensure that all mothers got proper nutrients and post-childbirth health care.

Unimpressed, the bench said, “We have to think of the tax payer also. The government cannot go on imposing one tax after the other. There has to be some limit — either two or three childbirths. You cannot go on adding merrily and the tax payer cannot be asked to pay under this surcharge or the other.”

When Gonsalves stressed on poor utilisation of disbursals under the 100% centrally funded scheme, the bench asked additional solicitor-general Mohan Parasaran to explain whether the Centre had any guidelines to ensure proper utlisiation of the grants under JSY.

“The less the utilisation the better it is for the Centre. Because, the funds gets reduced the next year in accordance with the utilisation of the money in the previous year under the scheme,” the bench said. Interestingly, JSY also discarded the age limit of 19 years fixed under NMBS for a BPL mother to claim benefit, especially because the legal age of marriage is 18 years. Under the new scheme, the age of the mother does not matter, even if she is 16 or 17 years old.

This runs counter to the government’s efforts to curb the practice of child marriage. This year, it had come out with a comprehensive law ‘Prohibition of Child Marriage Act, 2006’ that envisaged punishment to parents who give their girl in marriage before she was 18 years of age.

With Thanks from THE TIMES OF INDIA

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