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Comments on the draft Pradhan Mantri Matru Vandana Yojona Rules, 2017

1.                  Date From Which the Scheme Will Have Effect
The Rules should be changed so that the Pradhan Mantri Matru Vandana Yojona (PMMVY) has retrospective effect from 2013.
As per Section 1(3) of National Food Security Act, 2013, this Act should have effect from 5th July, 2013. Therefore, Section 4(b) of the Act i.e. maternity benefit should also be effected from 5th July, 2013. But Rule 1 (2) of the Pradhan Mantri Matru Vandana Yojona Rules, 2017, which is for the purpose of implementation of Section 4(b) of the Act, 2013, states that “they shall come into force on the date of their publication in the Official Gazette” and the said publication is yet to happen.
Now if benefit is effected from the date of publication of the draft rules, 2017 in the Official Gazette then the beneficiaries between the date of 5th July, 2013 and the date when the draft rule will be published in the Official Gazette will be deprived of the benefit, which is a violation of the principle of Equality Before Law.
2.                  Conditionality:-
According to the National Food Security Act,
“4. Subject to such schemes as may be framed by the Central Government, every pregnant woman and lactating mother shall be entitled to—
(b) Maternity benefit of not less than rupees six thousand, in such instalments as may be prescribed by the Central Government.”
The provisions for maternity benefit is therefore universal. However , Rule 2(b) states that “maternity benefit of five thousand rupees shall be provided to all eligible pregnant women and lactating mothers for the first living child …” The same Rule states that another Rs.one thousand shall be given from Janani Suraksha Yojana after delivery of the child.
For “Janani Suraksha Yojana” every state has its own guideline. If we consider the guideline of the state of the West Bengal, it has some conditions in addition to the present draft rules, 2017 like Paragraph 1 of the revised guideline, 2012
 “Eligibility Criteria for pregnant women
a)                  All SC & ST mothers of 19 years and above & up to two live births.
b)                  All BPL families belonging to other categories of age 19 years and above & up to two live births.”
So, instead of making the benefit universal another level of conditions has laid down.
Taking all these conditions together means that
a)                  All women married and pregnant before they are 19 will not be eligible;
b)                  Women will receive benefits only for the first child;
c)                  Only women in the BPL list would get benefits .
NFHS 4 data for West Bengal shows that 41% of women were married before they were 18 years old and 18% had children before they were 19 years old. Thus the Rules as they have been presently formulated would exclude at least 18% of births because the mothers have been married and had children before they were 19 years old. Also, as per NFHS 4, the fertility rate (child per woman ) was 1.8 i.e. women generally had more than 1 child. As most women have more than 1 child and generally two children, only half the number of births would be covered. 
The rules as they have been framed presently thus exclude at least half the children born in West Bengal. Also it restricts payment to women in the BPL list alone.
3.                  Contradiction in the Rules
Rule 14 of the draft rules, 2017 under reference stated that “The provisions of these rules shall be in addition to and not in derogation of any existing scheme implemented by the central government.” “Janani Suraksha Yojana” has been in effect from much prior to the date on which the NFSA, 2013 got its effect. So, it is a violation of the primary principal of the NFSA, 2013 to merge the benefits with a pre-existing scheme. As, such as per Section 4(b) read with Rule 14 of the draft rules, 2017 total Rs. 6000/- should be given to the beneficiaries in terms of the Section 4(b) of the Act, 2013 and the draft rules should be changed accordingly.
Aadhar Card :- Rule 5 (3), (4) and (5) are mainly focused on having Aadhar Card which should be replaced with production of any identification documents as Aadhar is still not a mandatory document for identification.

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