Govt should consider financial impact when coming up with welfare schemes, observes SC
Apr 07, 2022
New Delhi [India], April 7 : The Supreme Court on Wednesday has observed that government should take note of the financial impact on the state exchequer while coming up with any welfare schemes or laws.
A bench of Justices UU Lalit, S Ravindra Bhat and PS Narasimha observations came while hearing a plea seeking proper implementation of the mandatory provisions of the Protection of Women from Domestic Violence Act and the appointment and functioning of Protection Officers.
The court remarked to Central Government that whenever it comes up with any such schemes, then it must take note of its financial impact.
The court also pointed out the budget constraints shown by the government while dealing with such welfare schemes and suggested the government work in this direction.
It also pointed out the example of the Right to Education Act, calling it a classic example, and questioned "where are the schools, where do the states get the teachers". It also remarked on the less salary being withdrawn by some teachers.
Meanwhile, the Central Government sought more time to comply with the directions issued by this Court vide order dated February 25.
Additional Solicitor General Aishwarya Bhati, appearing for the Centre, sought more time to furnish the requisite information in respect of points covered in the court's earlier directions. The court granted the Central Government two weeks to furnish such information.
The court also asked the government to file a Status Report and listed the matter for further hearing on April 26.
On February 25, the court had asked the Union of India to file an affidavit containing the details of the nature of central programmes or plans outlining assistance to support the efforts under the DV Act by various states, including the extent of funding, conditions of governing financial support and the control mechanisms in place.
The court has also sought from Union, State-wise relevant data of litigation under the DV Act with respect to the complaints made, number of Courts and the relative number of Protection Officers.
The court was hearing the petition filed by the petitioner "We the Women of India" through advocate Shobha Gupta.
The petition was filed under Article 32 of the Constitution of India, seeking concerned ministries in the Centre, States and Union Territories, for proper implementation of the mandatory provisions of Chapter III, Sections 4 to 11 of the Protection of Women from Domestic Violence Act, 2005, for appointment and functioning of Protection Officers and Service Providers and effective establishment of Shelter Homes for the protection of victims of domestic violence under the Protection of Women from Domestic Violence Act, 2005.
"Section 11 of the 2005 Act requires that wide publicity shall be given at regular intervals to the provisions of Act through public media including Television, Radio and the Print Media. Section 11 further requires that periodic sensitization and awareness training shall be given to the Central and the State Government Officers including Police Officers and the Members of the Judicial Services, on the issues addressed by the Act, " the petitioner said.
The petitioner has sought an appropriate direction to the respondents for the adequate appointment, notification and establishment of Protection Officers, Service Providers and Shelter Homes as has been directed under the Protection of Women from Domestic Violence Act, 2005.
The petitioner has sought to pass an appropriate direction to the respondents for proper enforcement and implementation of the provisions of sections 4 to 11 of the Protection of Women from Domestic Violence Act, 2005.
The petitioner also sought to pass an order or direction to the respondents for the initiation and strict and regular implementation of the awareness campaigns related to crime against women.