SUPREME COURT OF INDIA
(Record of Proceedings)
B.N. KIRPALAND K.G. BALAKRISHNAN, JJ.
PEOPLES UNION FOR CIVIL LIBERTIES - Petitioner;
Versus
UNION OF INDIA AND OTHERS - Respondents.
Writ Petition (C) No. 196 of 2001
Decided on November 28,2001
Public Distribution Scheme - Compliance with Various Schemes - Targeted Public Distribution Scheme (TPDS), Antyodaya Anna Yojana, Mid-Day Meal Scheme (MDMS), National Old Age Pension Scheme (NOAPS), Annapuma Scheme, Integrated Child Development Scheme (ICDS), National Maternity Benefit Scheme (NMBS), National Family Benefit Scheme
Fact of the Case:
The court issued interim directions to ensure compliance with various public distribution and welfare schemes by the Union of India and the States/Union Territories.
Finding of the Court:
The court directed the implementation and compliance of various welfare schemes related to food distribution, child development, maternity benefits, and old age pension, and ordered the dissemination of information about the schemes to the public.
Issues: Compliance with public distribution and welfare schemes, identification of beneficiaries, distribution of benefits, and dissemination of scheme information.
Ratio Decidendi: The court emphasized the importance of timely and effective implementation of welfare schemes, ensuring the provision of benefits to the intended beneficiaries, and transparency in the selection and access to the schemes.
Final Decision: The court issued interim directions to the Union of India and the States/Union Territories to ensure compliance with the specified welfare schemes and ordered the dissemination of scheme information to the public.
ORDER
1. After hearing learned counsel for the parties, we issue, as an interim measure, the following directions:
1. Targeted Public Distribution Scheme (TPDS)
(i) It is the case of the Union of India that there has been full compliance with regard to the allotment of food - grain in relation to TPDS. However, if any of the States gives a specific instance of noncompliance, the Union of India will do the needful within the framework of the Scheme.
(ii) The States are directed to complete the identification of BPL families, issuing of cards and commencement of distribution of 25 kg grain per family per month latest by 1 - 1 - 2002.
(iii) The Delhi Government will ensure that TPDS application forms are freely available and are given and received free of charge and there is an effective mechanism in place to ensure speedy and effective redressal of grievances.
2. Antyodaya Anna Yojana
(i) It is the case of the Union of India that there has been full compliance with regard to the allotment of foodgrains in relation to Antyodaya Anna Yojana. However, if any of the States gives a specific instance of non - compliance, the Union of India will do the needful within the framework of the Scheme.
(ii) We direct the States and the Union Territories to complete identification of beneficiaries, issuing of cards and distribution of grain under this Scheme latest by 1 - 1 - 2002.
(iii) It appears that some Antyodaya beneficiaries may be unable to lift grain because of penury. In such cases, the Centre, the States and the Union Territories are requested to consider giving the quota free after satisfying itself in this behalf.
3. Mid - Day Meal Scheme (MDMS)
(i) It is the case of the Union of India that there has been full compliance with regard to the Mid - Day Meal Scheme (MDMS). a However, if any of the States gives a specific instance of non - compliance, the Union of India will do the needful within the framework of the Scheme.
(ii) We direct the State Governments/Union Territories to implement the Mid - Day Meal Scheme by providing every child in every government and government - assisted primary schools with a prepared mid - day meal with a minimum content of 300 calories and 8 - 12 grams of protein each day of school for a minimum of 200 days. Those Governments providing dry rations instead of cooked meals must within three months start providing cooked meals in all government and government - aided primary schools in all half the districts of the State (in order of poverty) and must within a further period of three months extend the provision of cooked meals to the remaining parts of the State.
(iii) We direct the Union of India and FCI to ensure provision of fair average quality grain for the Scheme on time. The States/Union Territories and FCI are directed to do joint inspection of food grains. If the food grain is found, on joint inspection, not to be of fair average quality, it will be replaced by FCI prior to lifting.
4. National Old Age Pension Scheme (NOAPS)
(i) It is the case of the Union of India that there has been full compliance with regard to the National Old Age Pension Scheme. However, if any of the States gives a specific instance of non - compliance, the Union of India will do the needful within the framework of the Scheme.
(ii) The States are directed to identify the beneficiaries and to start making payments latest by 1 - 1 - 2002.
(iii) We direct the State Governments/Union Territories to make payments promptly by the 7th of each month.
5. Annapuma Scheme
The States/Union Territories are directed to identify the beneficiaries and distribute the grain latest by 1 - 1 - 2002.
6. Integrated Child Development Scheme (ICDS)
(i) We direct the State Governments/Union Territories to implement the Integrated Child Development Scheme (ICDS) in full and to ensure that every ICDS disbursing centre in the country shall provide as under:
(a) each child up to 6 years of age to get 300 calories and 8 - 10 grams of protein;
(b) eac
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