Back
SUPREME COURT OF INDIA
Madan B. Lokur, N.V. Ramana, JJ.
Swaraj Abhiyan – (II) – Petitioner
Versus
Union of India & Ors. – Respondents
WRIT PETITION (C) NO. 857 OF 2015
Decided On : May 13, 2016
(b) Administration of justice – Judicial restraint – Implementation of NFS Act – Providing any item over and above mandated by the Act to the needy – No mandamus or positive direction can be issued to State Government – In matters involving financial issues and prioritization of finances, Court should defer to the priorities determined by the State. (Para 13, 17)
(1986) 2 SCC 68; (2000) 10 SCC 646; (2010) 3 SCC 402 – Relied upon
© National Food Security Act, 2013 – Section 3 – No provision of dal/lentil and edible oil in mid day meals – Not violating Article 21 of the Constitution – Government of India must consider the request of States in this regard, if made, with compassion – Article 47 – Raising nutrition level and standard of living of people – Entitlement of food grains at 5 kg per person per month as per the Act must be achieved by the State at the earliest – Requirement of ration card in draught affected areas should be relaxed – Fiscal constraints or an increase in the food subsidy bill cannot be a reason for denying relief to persons in drought affected areas. (Para 19, 20, 21, 22, 23)
(1980) 4 SCC 162; (1981) 1 SCC 627; (1996) 4 SCC 37 – Relied upon
(d) Mid day Meal scheme – Calorific and nutritional contents for children prescribed – Meeting the standard depends on the State Government – Egg/milk/chana – Nothing being provided in Bihar, Haryana and Uttar Pradesh – In other States egg or milk is provide in varying degrees – Calorific and nutritional requirements mentioned by the Union of India should be treated as the minimum requirements. (Para 27, 28)
(e) Mid-Day Meal Scheme – Guidelines – Provision in primary schools during summer vacations – Draught affected areas – States not averse – Directions given. (Para 29)
(f) Administration of justice – Implementation of statutes – National Food Security Act, 2013 – No implementing machinery put in place – No rules and regulations framed – Enabling some States to take it easy and implement the same at their convenience. (Para 31)
Facts of the case:
This judgment deals with the prayer made by the petitioner Swaraj Abhiyan relating to the implementation of the National Food Security Act, 2013.
Finding of the Court:
There is need to ensure implementation of the Act.
Result: Directions given.
JUDGMENT
Madan B. Lokur, J.
1. In our judgment dated 11th May, 2016 we had adverted to the drought or the drought-like conditions prevailing in several parts of our country and had issued certain directions for compliance. In this judgment, we will deal with the prayer made by the petitioner Swaraj Abhiyan relating to the implementation of the National Food Security Act, 2013 (for short ‘the NFS Act’).
Implementation of the National Food Security Act, 2013
2. It is submitted by the petitioner that it is necessary to ensure food security to the persons affected by the drought. In this regard, the petitioner made four suggestions and they are:
(i) All households should be provided with 5 kg food grains per person per month irrespective of whether or not they fall in the category of priority households as defined in Section 2(14) of the NFS Act read with Section 10 thereof. The provision for food grains should be in addition to and not in derogation of any other entitlement in any other government scheme.
(ii) Households that do not have a ration card or family members left out of existing ration cards should be issued special and temporary coupons on production of an appropriate identity card or any other proof of residence.
(iii) Each household affected by the drought should be provided 2 kg of dal (lentil) per month at Rs. 30 per kg and one litre of edible oil per month at Rs. 25 per litre through the Public Distribution System. In this regard, reference was made to a similar scheme which is said to be working quite well in Tamil Nadu.
(iv) Children affected by the drought should be provided one egg or 200 gms of milk per day (6 days a week) under the Mid-Day Meal Scheme. In addition to this, the Mid-Day Meal Scheme should continue during the summer vacation period in schools so that children are not deprived of their meals, including eggs or milk, as the case may be.
3. The Union of India has explained in its response that in terms of Section 3 of the NFS Act the monthly entitlement of food grains is 5 kg per person for eligible households under ‘priority’ category and 35 per kg per family under the Antyodaya Anna Yojna for rice, wheat and coarse grains. Coverage under the NFS Act has been delinked from poverty estimates and is substantially above the percentage of population living below the poverty line. It is submitted that coverage under the NFS Act has to be determined by each State and the criteria for identification of priority households and their actual identification is the responsibility of the State Government. It is further stated that the State Government is expected to digitize the beneficiary database and also set up a ‘grievance redressal mechanism’.
4. For implementation of the NFS Act, the State Government is required to complete all preparatory steps for which guidelines have been issued by the Government of India. In this context, it is stated that the implementation of the NFS Act has started in 32 States and Union Territories and as far as Gujarat is concerned it will implement the NFS Act from 1st April 2016. During the course of hearing, we were informed that thankfully Gujarat is now implementing the NFS Act.
5. It is also stated that since drought is a temporary phenomenon, additional food grains are made available on request basis from the State Government. It is further stated that for 2015-16, only Maharashtra made a request for additional food grain allocation for drought affected people and the Government of India made available 1.63 lakh tons of rice and 2.44 lakh tons of wheat, as requested.
6. With regard to the supply of dal/lentil and edible oils, it is stated by the Union of India that under the NFS Act there is no provision to supply these items. In the absence of sufficient domestic availability of these items, their supply under the Public Distribution System is difficult to ensur
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
