State can't deny aid to child homes while funding Ladki Bahin Yojana: Bombay High Court

The Bombay High Court on Thursday observed that Maharashtra government cannot deny financial aid to institutions caring for vulnerable children while at the same time extending assistance to women under welfare schemes like the Ladki Bahin Yojana [Yuvraj Bhole & Ors v. State of Maharashtra & Ors]

Such disparity would be Constitutional untenable, the Aurangabad bench of the High Court opined.

"When the State of Maharashtra is extending financial assistance to poor women in the State under several welfare schemes such as Ladki Bahin Yojana, it cannot, without any reasonable classification or justification, deny or delay financial aid to institutions catering to children in need of care and protection," a division bench of Justices Kishore C Sant and Sushil M Ghodeswar said.

The observations were made during the hearing of multiple petitions filed by employees of unaided children's homes (Balgruhas) run by NGOs, seeking salary grants at par with government employees. 

The petitioners included superintendents, counselors, clerks, cooks and caretakers. The argument was that they performed the same duties as staff in government-aided homes but received no salary support from the State.

The bench noted that such allocation of resources must satisfy the test of reasonableness under Article 14.

“The State is under higher constitutional obligation to prioritise the welfare, education, and rehabilitation of children, failing which the very object of the Juvenile Justice law would stand defeated and the larger societal interest would be seriously jeopardised,” the Court said. 

Therefore, it directed the Maharashtra government to frame an appropriate policy for providing salary grants to deserving NGOs which are functioning strictly in compliance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 within six months.

The bench expressed disappointment at how the state handled the issue despite earlier directions issued by the Court in 2014.

"We feel that the State Government shall create or select or identify at least one children home run by voluntary organization in each district of the State which is having good capacity and also having well needed infrastructure, well educated and trained staff," the order recorded.

Advocate NP Patil Jamalpurkar appeared for the employees.

Additional government pleader Kalpalata Patil Bharaswadkar appeared for the State. 

[Read Order]