Delhi High Court
Nisha vs Govt. Of Nct Of Delhi & Ors on 31 July, 2018
$~2
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9008/2016
% Date of decision : 31st July, 2018
NISHA ..... Petitioner
Through : Ms. Sija Nair Pal, Adv.
versus
GOVT. OF NCT OF DELHI & ORS ..... Respondents
Through : Ms. Sukriti Ghai for Mr. Deves
Singh, ASC(Civil)-GNCTD.
Mr. Sushil Dutt (SO) in person
Mr. A.P. Singh, Adv. for
R-5 & 6.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. The additional affidavit dated 31st July, 2018 filed by the
petitioner is taken on record.
2. This writ petition has been filed in public interest seeking
issuance of appropriate writ to the respondents to implement the
Government's scheme to ensure timely disbursement of grant under
the Janani Surakshya Yojana (JSY Scheme) during pregnancy or after
child birth for the residents of the Chilla Khadar Jhuggi Camp, Mayur
Vihar, Phase-I, New Delhi. Alongwith the affidavit, a list of several
women has been filed disclosing their ignorance about the availability
of the cashless assistance available under the JSY Scheme. Most of
the women detailed in the annexure to the affidavit are not even
registered under this Scheme. Very few of them have bank accounts
or post office accounts and many of them do not have Aadhar Cards.
Several of the listed women have not linked their bank account with
the Aadhar Card.
3. The aspect that most of the women are not even aware about the
availability of the facilities of the Government's JSY Scheme which is
to be worked by the Govt. of NCT of Delhi is an unfortunate state of
affairs.
4. The affidavit highlights the position that much more needs to be
done by the respondents to publicise the availability of the benefits
under the Scheme and to ensure its disbursement. More pro-active
steps are required to be ensured which would enable the enjoyment of
the benefit under the Scheme are ensured to the women entitled to the
benefits thereunder.
5. It is submitted by Ms. Sija Nair Pal, learned counsel for the
petitioner that in order to avail the benefits under the JSY Scheme, the
mother has to produce the following documents :
"1. Photocopy of Bank Passbook
2. Photocopy of Aadhaar Card
3. BPL/ST/ST Certificate
4. MCTS No
5. Photograph."
6. A perusal of the JSY Scheme placed on record shows that no
such requirement of the above-listed documents is set out in the
Scheme except the BPL certificates with regard to the BPL
certification. Clause 8(b) of the Scheme (page 156) notes that if BPL
Cards had not yet been issued, the State/Union
Territory/Government/Municipalities would lay down a simple criteria
for BPL certification through panchayat or other mechanism. The
petitioners have informed us that in Delhi, EWS certification is being
issued. There is no legal basis or requirement under the scheme as
notified by the Central Government for the respondents to insist on the
production of the documents.
7. It is pointed out that no BPL/SC/ST Certificates are issued in
Delhi. Only Economically Weaker Sections Certificates are issued to
persons who come under the Economically Weaker Sections.
Additionally, it is submitted that the requirement to produce a
photocopy of the Aadhar Card is unfair.
8. It is submitted by Ms. Sija Nair Pal, learned counsel for the
petitioner that even the insistence by the official respondents on
production of the Aadhar Card in order to avail the benefits under the
public distribution service has been waived under the Framework for
Implementation National Health Mission, 2012-17.
9. So far as the bank passbook is concerned, it is submitted by Ms.
Sija Nair Pal, learned counsel for the petitioner that most of the poor
women have no money to put in their bank account and that most of
these women rely on their other family members bank accounts, if
any.
10. There is certainly substance in the difficulties pointed out by the
petitioner.
11. It is submitted by Mr. Gautam Narayan, ld. amicus curiae that
so far as the insistence of the documents is concerned, the same is
because the requirement thereof have been imposed under clause 25
(page 165) of the JSY Scheme by the Central Government.
12. Mr. Gautam Narayan, ld. amicus curiae draws our attention to
clause 25 of the Scheme which reads as follows :
"25. Grievance Redressal Mechanism
Under NRHM, ombudsman shall be positioned at the
National, state and District Level to address quality concerns
and grievances of the people for the public health
programme. This mechanism shall also cater to the JST
initiative. The state and the District Mission will notify this
fact and identify a nodal officer for this purpose. Only such
officer would be identified who is not part of the
implementation set for JSY in the district. In addition, names
of such nodal officers along with his postal address, telephone
number wherever available should be widely circulated and
displayed on the walls of sub-centre, PHC, CHCs, all public
buildings, District hospital, panchayat buildings and all
prominent places."
13. It cannot be denied that women for whose benefit the writ
petition has been filed could not avail the benefits under the JSY
Scheme for so many years.
14. In view thereof, we direct the Govt. of NCT of Delhi to take
appropriate steps for informing, taking and filing appropriate
representations to the Ombudsman under the National Rural Health
Implementation Scheme and apprising him of the above situation. A
view shall be taken with regard to the mandatory requirement and
insistence upon the documents which have been required by the
Central Government under the Scheme in the light of the observations
made by us herein.
15. In view of the above, this writ petition is disposed of with a
direction to the respondents to ensure that the JSY Scheme receives
the maximum publicity and is brought to the notice of all needy
women. The benefits under the Scheme shall be released by the
respondents without insisting on the documentation noted in para 4
above requiring only compliance of the stipulation under the JSY
Scheme.
Dasti to parties.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
JULY 31, 2018/kr
