On Monday, the Bombay High Court dismissed a petition challenging Maharashtra government's 'Sister Scheme' and 'Brother Scheme', which were launched just before the state elections. The court stated that these welfare programs are crucial for those who are disadvantaged for various reasons and that the state is permitted to create beneficial schemes for them under Article-15 of the Constitution.
Petition Filed by CA
In fact, this petition was filed by Naveed Abdul Saeed Mulla, a chartered accountant from Navi Mumbai. It claimed that these schemes would financially weaken the state. The petitioner’s lawyer, Owais Pechkar, argued that while basic education is not being provided to every child, this free facility is being offered, which is unfair to taxpayers. In response, Chief Justice D.K. Upadhyay and Justice Amit Borkar's bench stated, 'You see it one way, the government sees it another, and the governor may have a different view. This is called a policy difference. We cannot intervene unless a fundamental right is violated.' The bench dismissed the public interest litigation.
Petition's Demands
The public interest litigation claimed that the scheme is politically motivated and started by the government as a 'bribe to voters'. The court stated that the petitioner needs to understand the difference between free and social welfare schemes. Pechkar argued that the scheme discriminates against women because only those earning less than INR 2.5 lakh annually are eligible for benefits under the scheme.
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The bench responded, 'This is a beneficiary scheme for some women. How is it discriminatory? Some women earn INR 10 lakh and some earn INR 2.5 lakh. Are they in the same group? This is not discrimination.' The court stated that budget allocation is a legislative process. Can the court intervene in this?
What is the Sister Scheme?
The Maharashtra government recently launched the 'Chief Minister's Sister Scheme'. Under this initiative, women aged 21 to 65 will receive INR 1500 per month starting from July, provided their annual income is less than INR 2.50 lakh. Under the Brother Scheme, there is a provision for stipends during internships in government establishments and private sector industries. According to the government, the scheme aims to enhance the employability and skills of youth.
