Bombay HC Dismisses Petition Challenging Maharashtra Government’s ‘Ladki Bahin Yojana’ Scheme

The Bombay High Court dismissed the Public Interest Litigation (PIL) challenging the Ladki Bahin Yojana today, ruling that taxpayers do not have a say in determining how the government allocates tax revenues.

The division bench of the Bombay High Court, led by Chief Justice Devendra Upadhyaya and Justice Amit Borkar, was considering a PIL filed by a Navi Mumbai-based chartered accountant. The PIL challenged the Ladki Bahin Yojana, a scheme that offers Rs. 1500 per month to women aged 21-60 who are married, widowed, divorced, abandoned, or lacking support. Advocate Owais Pechkar, representing the petitioner, argued that taxpayers' money should be allocated to infrastructure or road projects rather than being distributed for free under the scheme.

According to a report of LawBeat, The bench responded and said, "What is a tax? What's the legal character? Tax is compulsory payment of money. There is no service. It does not have a quid pro quo. Therefore, this argument is not available to you. You do not have any say. This is a good speech on the road and not in court," the bench said.

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Pechkar highlighted that the finance department had voiced concerns regarding the Ladki Behan Yojana, citing the state's financial condition. Despite these concerns, he contended that the Cabinet approved the scheme with a clear political agenda, given the upcoming state assembly elections in October 2024.

The bench also said that Article 15 of the Constitution permits the state to implement social welfare measures for women. They noted that the Ladki Behan Yojana had a rational basis, as it specifically targeted women with an income below ₹2.5 lakhs.