The Bombay High Court has ruled in favor of the Maharashtra government's 'Ladki Bahin Yojana,' affirming that it is a beneficial program for women rather than discriminatory. On Monday, a division bench consisting of Chief Justice D.K. Upadhyaya and Justice Amit Borkar dismissed a public interest litigation (PIL) challenging the scheme.
The PIL, filed by Chartered Accountant Naveed Abdul Saeed Mulla, sought to annul the program. However, the court clarified that decisions on how the government frames such schemes fall outside its judicial authority. "It is a policy decision, and we cannot intervene unless there is a violation of fundamental rights," the bench stated.
The 'Mukhyamantri Majhi Ladki Bahin Yojana,' introduced in the state budget, provides Rs 1,500 to women aged 21 to 65 with a family income below Rs 2.5 lakh. The PIL argued that the scheme was politically motivated and akin to a "freebie" aimed at influencing voters.
Advocate Owais Pechkar, representing the petitioner, contended that taxpayer funds should not be used for such schemes. The court, however, questioned its role in determining the government's priorities and emphasized that it cannot dictate the introduction of specific policies.
"Every government decision is inherently political," noted Chief Justice Upadhyaya. The court asserted that it cannot determine the validity of government schemes or fix priorities.
The bench addressed claims of discrimination, highlighting that the scheme benefits women in lower income brackets. "How can a woman earning Rs 2.5 lakh per year be compared to one making Rs 10 lakh? Equality must be considered among equals. This type of differentiation is permissible," the court stated.
The court also pointed out that the scheme was part of a budgetary process, a legislative function beyond judicial review. "Even if we personally disagree, we cannot interfere legally," said the bench.
Pechkar had also argued that the scheme imposed an additional financial burden on taxpayers and was a form of bribery intended to sway voters in the upcoming state assembly elections. He claimed the scheme would cost approximately Rs 4,600 crore, adding to Maharashtra’s existing debt of Rs 7.8 lakh crore. However, the court maintained that this was a social welfare measure aimed at aiding disadvantaged groups.
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