Chandigarh, March 13 The Punjab and Haryana High Court has directed the Punjab to be “liberal” towards schemes aimed at removing social evils, like female foeticide and dowry.
In a petition filed by a Mohali-based resident Rajinder Kumar, he complained that benefits and incentives provided by Punjab government under scheme “Balri Rakshak Yojna for 2004-05” were not given to him.
Rajinder runs a shop in Sector 22 and has two minor daughters. In 2005, Punjab government had announced a policy that provided couples, who had undergone sterilisation after birth of a girl or two girls, were given incentives of Rs 500 and Rs 700, respectively, till the girls turn 18 year.
According to the petition, Rajinder had applied on November 22, 2005 for the grant. But the Punjab government refused to pay Rajinder.
The government stated that Rajinder was not entitled since the scheme came into effect on March 3, 2005, and he had done the sterilisation in 2002.
Rajinder’s counsel said that the scheme was available to couples who have adopted terminal method and age of youngest child is less than five years on March 3, 2005.
In 2006, the Punjab government amended the scheme whereby it was held that benefits will be available to those who have registered themselves after implementation of scheme and have adopted any terminal method under family planning.
Justice M M Kumar said that: “We are of the view that such schemes aiming at removing the social evil must be given a liberal interpretation. So that, a large number of beneficiaries can adopt it rather than an interpretation which restricts the number of beneficiaries on the basis of express provision.”
Directing the Punjab government to pay a sum of Rs 700 to Rajinder for both of his daughters, the High Court held that the amendment made in 2006 will not adversely affect his rights.
Moreover, the court has asked the government to pay Rs 5,000 to Rajinder.
Express news service
Posted online: Friday , March 14, 2008
About Me
- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
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Email: adv.kamal.kr.pandey@gmail.com
Email: adv.kamal.kr.pandey@gmail.com
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