‘State’s call, not court’: Madhya Pradesh High Court rejects PIL to reopen Ladli Behna Yojna registrations

What is Mukhyamantri Ladli Behna Yojana, 2023?

• The policy of 2023 was introduced by the state to empower women by improving their health and nutrition, promoting their economic independence, and strengthening their role in family decisions.
• The 2023 policy pointed out that the state will be paying Rs 1000 monthly to every eligible woman domiciled within the state who has registered herself as per the norms of the said policy.

• Subsequently, the state increased the amount from Rs 1000 to Rs 1250 monthly by administrative orders.

Eligibility for availing benefit under policy

Eligibility criteria of Mukhyamantri Ladli Behna Yojana, 2023

However, the state changed the age eligibility criteria for the policy by July 2023 order and decaresd the the age of women from 23 years to 21 years.

Consequently, the women belonging to the age group between 21 years and 60 years on the date of application were eligible to get the benefit of the policy of 2023.

‘Executive policy, petitioner not benficiary’

• The present policy is not statutory but an executive policy of the state government.
• The state government has absolute authority to decide the age criteria and the minimum and maximum age limit to get the benefits of the policy.
• There is no arbitrariness found considering the nature of the scheme and the prescription of minimum and maximum age.
• The petitioner claimed that the state promised to enhance the amount provided in the scheme, but it was not done.
• This submission will not be entertained as the petitioner is not an aspirant or beneficiary of the scheme, and the plea cannot be considered in a PIL.

Petitioner and states’ submission

• Appearing for the petitioner, advocate Vibhor Khandelwal argued that the stoppage of fresh registrations under the scheme of 2023 by the state in August 2023, despite the policy being of a continuing nature, is illegal, arbitrary and discriminatory.
• He argued that the scheme was introduced to promote women’s empowerment and economic independence and has over 1.26 crore beneficiaries.
• However, the state has unlawfully closed both online and offline registrations for newly eligible women without any statutory backing.
• It was submitted that the denial of benefits to the similarly placed women is arbitrary and amounts to hostile discrimination.

• The fixation of minimum age of 21 years and maximum age of 60 years for the said policy is arbitrary and unreasonable, and the denial of benefits to the other eligible women is violative of Article 14 of the Constitution.
• Khandelwal also said that the state policy can be examined in a PIL, as judicial review is permissible for the same.
  On the contrary, Deputy Advocate General Sudeep Bhargava submitted that the said policy is the decision of the state government.
• None of the aspirants claiming benefit under the said scheme has approached the court to challenge the said policy decision, and, therefore, the policy cannot be examined in a public interest litigation.