Petition Challenging Vaccination Requirement for Maternity Benefits Dismissed
In a significant judgment, the Kerala High Court has dismissed a writ petition challenging the conditional nature of the Pradhan Mantri Matru Vandana Yojana (PMMVY) scheme, which mandates vaccination of the child as a prerequisite for availing maternity benefits. The court, presided by Justice Bechu Kurian Thomas, affirmed that the eligibility conditions under the PMMVY scheme are neither unconstitutional nor arbitrary, but rather serve the public health objective of promoting early childhood vaccination.
The petitioner, Ahamed Junaid P.S., had sought the court's intervention to sanction and release the benefits due to his wife under the PMMVY scheme without fulfilling the vaccination requirement, arguing that it was an intrusion into personal liberty and contrary to Articles 14 and 21 of the Constitution. The PMMVY scheme provides a cash incentive of Rs. 6,000 to lactating mothers, contingent upon the vaccination of the child within fourteen weeks of birth.
The court emphasized that the PMMVY scheme is a policy measure designed to enhance public health and is not an absolute right. Justice Thomas noted that the scheme's conditions are aimed at promoting health-seeking behavior and reducing infant mortality, aligning with the State's duty under Article 47 of the Constitution to improve public health standards. The judgment also highlighted that personal autonomy under Article 21 includes the right to refuse vaccination; however, conditional schemes do not violate this autonomy as they do not compel vaccination but incentivize it.
The court referenced the Supreme Court's judgment in Jacob Puliyel v. Union of India, which upheld the right to bodily integrity while acknowledging the State's power to impose reasonable restrictions for public health. The Kerala High Court found that the PMMVY scheme's vaccination requirement is a reasonable condition to achieve the legitimate aim of promoting child health and does not infringe upon constitutional rights.
Despite recognizing the petitioner's concerns, the court ruled that the writ petition was not maintainable as the petitioner lacked an enforceable legal right to claim benefits under the scheme. The judgment reiterated that beneficiaries must strictly comply with the scheme's conditions, and non-compliance, such as failure to vaccinate, renders them ineligible for benefits.
The dismissal of the petition reinforces the legal framework supporting conditional benefit schemes and underscores the importance of vaccination as a public health measure.
Bottom Line :
Pradhan Mantri Matru Vandana Yojana (PMMVY) - The scheme is conditional in nature, and benefits under the scheme can only be availed if eligibility conditions, including vaccination of the child, are fulfilled. Non-compliance with the conditions does not entitle the beneficiary to claim the benefit, and such eligibility conditions are not unconstitutional or arbitrary under Articles 14 and 21 of the Constitution of India.
Statutory provision(s): Article 14, Article 21, Article 47 of the Constitution of India, Section 4 of the National Food Security Act, 2013
Ahamed Junaid P.S. v. Union of India, (Kerala) : Law Finder Doc id # 2964176
