ORDER

1. We have gone through the 5th (August 2004) Report of the Commissioners S/Shri Dr. N.C. Saxena and N.R. Sankaran. First of all, we wish to place on record our compliments and appreciation for the enormous work done by the learned Commissioners in presenting the Report under consideration.

2. The Report is in three parts. First part is divided into 14 sections covering different schemes. Under Section I, Integrated Child Development Services (ICDS) have been considered. Part II sets out summary of findings and Part III sets out recommendations. We would first consider the aspect of f ICDS. In order to fully appreciate the problem, it would be useful to notice the background briefly.

3. ICDS, as noticed in the order dated 29-4-2004t is perhaps the largest of all the food and supplementation programmes in the world that was initiated in the year 1975 with the following objectives as per the document prepared by the Planning Commission:

1. To improve the health and nutrition status of children 0-6 years by providing supplementary food and by coordinating with State health departments to ensure delivery of required health inputs.

2. To provide conditions necessary for pre-school childrens psychological and social development through early stimulation and education

3. To provide pregnant and lactating women with food supplements.

4. To enhance the mothers ability to provide proper child care through health and nutrition education.

5. To achieve effective coordination of policy and implementation among the various departments to promote child development.

4. The Scheme intends to cover all the children under age group of 0-6 years. The food is supplied to the children through Anganwadi Centres (for short "AWCS"). The norms of the Government of India provide for one centre for a population of one thousand (700 in case of tribal area). It is not in serious dispute, as contended by Mr Mohan Parasaran, learned Additional Solicitor General that according to norms, there should be approximately 14 lakh AWCS. Admittedly, nearly 6 lakh centres have been sanctioned. Many of the sanctioned centres are also not operational as is evident from the Report under consideration. The problem seems to be more acute in States like Bihar, Uttar Pradesh and Jharkhand. It deserves to be noticed that the directions in respect of ICDS were issued as far back as on 28-11-2001. The order dated 29-4-2004t notices that most of those covered by the order dated 28-11-2001 are not getting the benefit under ICDS. That observation was made on the basis of figures which were provided under the National Family Benefit Health Scheme on conducting survey. The result was that a large number of children hetween the age group of 0-6 years were malnourished. That order also noticed that the position was alarming in the aforesaid three States as well as the State of Uttaranchal. By order dated 29-4-2004, the Government of India was directed to file within three months an affidavit stating the period within which it proposed to sanction the remaining number of AWCS. The Government of India was also directed to consider the I revision of norms of supply of nutritious food worth rupee one to every child in the centres as norm of rupee one was fixed way back in the year 1991 and incorporate its suggestion in the affidavit.

5. It is most unfortunate that instead of three months, nearly six months have expired, the Government of India has still not filed the affidavit and instead an oral application has been made by learned Additional Solicitor General for grant of further time to file an affidavit in terms of the order dated 29-4-2004t. We are shocked at the attitude of the Central Government which is in respect of giving nutritious food to all children though in practice it concerns those unfortunate sections of the society who can ill-afford to provide nutritious food to the children of the aforesaid age group. In absence of the affidavit, we could have straight away issued