Maharashtra Can't Deny Financial Aid To Child Care NGOs While Funding Welfare Schemes Like Ladki Bahin: Bombay High Court
The Bombay High Court recently observed that when the State is extending financial assistance under welfare schemes such as the Ladki Bahin Yojana, it cannot deny or delay financial aid to institutions catering to children in need of care and protection without reasonable classification or justification.
The Court observed that allocation of resources by the State must satisfy the test of reasonableness under Article 14 of the Constitution of India and that the State is under a higher constitutional obligation to prioritise welfare, education and rehabilitation of children.
A division bench of Justice Kishore Sant and Justice Sushil Ghodeswar was hearing a batch of writ petitions filed by employees working in Balgruhas and child homes run by unaided NGOs and voluntary organizations in Maharashtra. The petitioners sought directions to the State Government to bring their service conditions at par with employees working in Government-run child homes and to sanction salary grants in their favour.
The Court examined the scheme of the Juvenile Justice Act, 2015 and observed that children's homes are required to provide food, shelter, education, medical attention, skill development, counselling and rehabilitation to children admitted therein. The Court observed that such institutions must necessarily have well-educated, trained and experienced staff and that the object of the legislation would stand defeated if proper staff is not available.
The Court further observed that though the NGOs were running the institutions, the staffing pattern and pay fixation had already been prescribed by the State Government. It held that the Government cannot absolve itself of its obligations under Articles 37, 38 and 39 of the Constitution merely because the institutions are being run through voluntary organizations. Referring to earlier judgments, the Court observed that children's rights are a constitutional obligation and that the State cannot avoid responsibility on the grounds of lack of funds or because welfare functions are being discharged through voluntary agencies.
The Court expressed dissatisfaction with the manner in which the State Government dealt with the issue despite earlier directions issued by the Court. The Court therefore opined that the State Government should identify at least one child home run by a voluntary organization in each district having adequate infrastructure and trained staff, and consider framing an appropriate policy for providing salary grants to deserving NGOs functioning in compliance with the Juvenile Justice Act, 2015.
The Court emphasized that the state cannot deny or delay financial aid to institutions catering to children in need of care and protection. It observed:
“… 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. Such allocation of resources must satisfy the test of reasonableness under Article 14.”
Accordingly, the Court directed the State Government to consider framing an appropriate policy within six months for providing salary grants to deserving NGOs functioning strictly in compliance with the provisions of the Juvenile Justice Act, 2015, and disposed of the writ petitions.
Appearance:
Advocate NP Patil-Jamalpurkar appeared for the Petitioners.
Additional Government Pleader Dr. Kalpalata Patil-Bharaswadkar represented the State.
Case Title: Yuvraj Santrao Bhole vs State of Maharashtra (Writ Petition 2087 of 2016)
Citation: 2026 LiveLaw (Bom) 242