Bombay High Court Dismisses PIL Against Maharashtra’s Majhi Ladki Bahin and Yuva Karya Prashikshan Yojanas
Mumbai, 6th August 2024: The Bombay High Court on Monday dismissed a Public Interest Litigation (PIL) seeking to nullify the Mukhya Mantri Majhi Ladki Bahin Yojana and the Mukhya Mantri Yuva Karya Prashikshan Yojana.
The Majhi Ladki Bahin Yojana provides Rs 1,500 per month to women aged 21 to 60 who are married, widowed, divorced, or without support. The Yuva Karya Prashikshan Yojana offers a monthly stipend to men aged 18 to 35.
During the hearing, petitioner Naveed Mulla’s advocate, Owais Pechkar, argued that taxpayer money should be allocated for infrastructure, roads, highways, and schools. Chief Justice Devendra Kumar Upadhyaya responded, “Can we under Article 226 determine the priorities of the government?” The bench, which also included Justice Milind Borkar, highlighted that budgetary allocations are made through legislative processes.
The court disagreed with Pechkar’s claim that the Ladki Bahin scheme discriminates against women earning more than Rs 2.5 lakh annually. “Equality has to be judged amongst equals. You can’t say persons earning up to Rs 2.5 lakh form the same class as persons earning more than that,” Chief Justice Upadhyaya explained.
The judges emphasized that welfare schemes are designed to assist specific disadvantaged groups. They noted that Article 15 of the Constitution allows provisions for various sections of society, including women.
Pechkar contended that taxpayer money was being squandered. Chief Justice Upadhyaya countered, “If tomorrow the government comes up with a scheme for providing free education, will you say it is a waste?” The court reiterated that the allocation of tax revenue is the government’s prerogative. When Pechkar questioned if taxpayers have a say in this, the Chief Justice replied, “No. You don’t have any say.”
Advocate General Birendra Saraf assured the court that safeguards are in place to ensure that only genuinely needy women benefit from the scheme. He also clarified that under the employment incentive scheme, the stipend is limited to six months and ceases once the recipient secures a job. Saraf emphasized that these schemes align with the Directive Principles of State Policy.
