New Delhi: The Supreme Court has directed the Centre and all State governments to provide Rs. 500 as cash assistance under the National Maternity Benefit Scheme (NMBS) to pregnant women below the poverty line 8-12 weeks prior to delivery irrespective of their age and the number of children they have.

A Bench consisting of Justices Arijit Pasayat and S.H. Kapdia gave this direction on an application filed by the People’s Union for Civil Liberties seeking proper guidelines for implementation of the scheme.

The Centre, in its response to the application, said that under the NMBS the benefit was limited to two livebirths, but under the revised and renamed scheme, Janani Suraksha Yojana (JSY), the restrictions were removed. It sought the court’s approval for its implementation.

The Bench said, “It seems from the scheme that irrespective of the number of children, the beneficiaries are given the benefit. This in a way goes against the concept of family planning, which is intended to curb population growth. Further, the age of the mother is a relevant factor because women below a particular age are prohibited from legally getting married.”

It said, “The Union of India shall consider this aspect while considering the desirability of continuing the scheme in the present form. After considering the aforesaid aspects, and if need be, necessary amendments may be made.”

The Bench directed the Centre, the States and the Union Territories to continue with the NMBS and ensure that all BPL pregnant women were given cash assistance.

The government had set an annual target of 57.5 lakh beneficiaries under the NMBS. However, under the JSY in 2006-2007 the number of beneficiaries was only 26.2 lakh and as low as 5.7 lakh in 2005-2006.

In view of this, the Centre should ensure that the money earmarked for the scheme was not utilised for any other purpose.

“Mere insistence on a utilisation certificate may not yield the expected result,” the Bench said.

“It shall be the duty of all concerned to ensure that the benefits of the scheme reach the intended beneficiaries. In case it is noticed that there is any diversion of funds, such stringent action as is called for shall be taken against the erring officials.”

The Centre and the States concerned were directed to file affidavits within eight weeks indicating the total number of births in the State, the number of eligible BPL women who had received the benefit, the number of BPL women who had home/non-institutional deliveries and received the benefit, etc.