Back
SUPREME COURT OF INDIA
Ashok Bhushan, R. Subhash Reddy, M.R. Shah, JJ.
DIPIKA JAGATRAM SAHANI – PETITIONER(S)
VERSUS
UNION OF INDIA AND OTHERS – RESPONDENT(S)
Writ Petition (Civil) No.1039 of 2020
Decided on : 13-01-2021
(A) Constitution of India – Articles 32 and 47 – National Food Security Act, 2013 – Sections 4, 5 and 6 – Public Interest Litigation – Issue of closure of Anganwadi Centres across the country – Anganwadi Centres which were running in country since 1975 under Integrated Child Development Services Scheme, now have been given statutory recognition under Act, 2013 – Anganwadi Centres which are manned by Anganwadi workers/helpers are entrusted with implementation of a large number of welfare schemes initiated by Central Government as well as by State Governments – After spread of pandemic Corona virus(COVID-19), Anganwadi Centres were closed throughout country in March, 2020 – Distribution of special nutrition and other benefits to be provided for beneficiaries being essential services were permitted to be conducted by Anganwadi staff by resorting to Take Home Ration – Lockdowns which were placed in entire country in exercise of power under Disaster Management Act, 2005 were lifted by competent authority in phased manner and gradually specified activities were permitted to be opened – Union of India as well as States and Union Territories have filed affidavits in this writ petition bringing on record steps taken by respective States/UTs regarding implementation of requirement as contained in Sections 4,5 and 6 of Act, 2013 – Children are next generation and unless and until children and women have nutritious food, it will affect next generation and ultimately country as a whole – Children are future of our country and if there is some stinginess in providing them with adequate nutrition, country as a whole is deprived in future of taking benefit of their potential – It is now statutory obligation of Centre and States to provide for nutritional support to pregnant women and lactating mothers, nutritional support to children and to take steps to identify and provide meals for children who suffer from malnutrition – Government has a constitutional obligation to preserve human life – Good health of its citizens is its primary duty – International covenants also aim at highest attainable standards of physical and mental health – This is in interest of social justice – Inadequate supply of nutritious food to citizens, more particularly to children and women shall affect their health – Same shall be in violation of their fundamental right to health/right to live with dignity guaranteed under Article 21 of Constitution of India. (Paras 5, 6, 7, 9, 13, 17 and 18)
(B) National Food Security Act, 2013 – Sections 4, 5 and 6 – Constitution of India – Articles 32 and 47 – Public Interest Litigation – Issue of closure of Anganwadi Centres across the country – Centre as well as States are statutorily obliged to implement statutory obligation as imposed under Sections 4,5 and 6 of the Act, 2013 – Guidance note dated 11.11.2020 issued by Government of India which permits reopening of Anganwadi Centres with consultation of States/Union Territories – All States/Union Territories in their affidavits have given details of providing Take Home Rations(THR) as per guidelines and requirement contained in Act, 2013 – Different cereals and other items have been referred to in affidavits filed by States/Union Territories which according to them complies with nutrition standards – Most of States/Union Territories have mentioned cereals as Take Home Ration for beneficiaries from 3 to 6 years of age – Nutritional standard as provided in Schedule II of Act, 2013, has to be met by all States and Union Territories – Beneficiaries which belong to vulnerable class are not equipped with suitable mechanisms to raise issues of non-implementation and not providing food articles complying with nutritional standards as provided in Statute – It is obligation of State to ensure that pregnant women, lactating mothers and children in age of 3 to 6 years and children who suffer from malnutrition are provided their dues – State has to provide an appropriate mechanism for supervision and check, child development officers and other district level officers who are entrusted to monitor functioning of Anganwadi Centres have to be extra vigilant and take steps so that no beneficiary is denied its dues – All States/Union Territories should evolve an appropriate mechanism for supervision so that dues are received by beneficiaries for whom schemes are in place – It is for State to secure health to its citizens as its primary duty – Government of India by its guidance note permitted all States and Union Territories to open Anganwadi Centres, it is obligation of States/Union Territories to take decision for opening of Anganwadi Centres – Unless there are any specific reasons for not opening of Anganwadi Centres, all Anganwadi Centres beyond containment zones should be made functional by all States/Union Territories at an early date – All States may review situation and take positive decisions on or before 31.01.2021 and unless there are specific decisions taken by State Disaster Management Authority of a particular State, Anganwadi Centres be opened on or before 31.01.2021 – Decision for not opening Anganwadi Centres in any State/Union Territories or any part of State/Union Territory shall be taken only after State Disaster Management Authority of State direct for not opening of Anganwadi Centres in State/particular area of State situated outside containment zone – Anganwadi Centres situated in containment zone shall not be opened till containment continues – Directions issued.(Paras 19, 28, 30, 31, 32, 33, 34 and 35)
Facts of the Case:
Instant writ petition has been filed as a Public Interest Litigation under Article 32 of Constitution of India questioning the closure of the Anganwadi Centres across the country. The petitioner states that through Anganwadi Centres supplementary nutrition to pregnant women, lactating mothers, adolescent girls and children upto the age of 6 years were being provided which fulfilled the State objective of holistic development of children under 6 years and to provide food and nutrition to the beneficiaries.
Findings of Court:
Several States/Union Territories have already started running their Anganwadi Centres which is a positive step towards achievement of the goal for which Anganwadi Centres were envisaged. Unless there are any specific reasons for not opening of Anganwadi Centres, all Anganwadi Centres beyond the containment zones should be made functional by all States/Union Territories at an early date.
Result : Writ Petition allowed.
JUDGMENT
Ashok Bhushan, J.
This writ petition has been filed as a Public Interest Litigation under Article 32 of the Constitution of India questioning the closure of the Anganwadi Centres across the country. The petitioner states that through Anganwadi Centres supplementary nutrition to pregnant women, lactating mothers, adolescent girls and children upto the age of 6 years were being provided which fulfilled the State objective of holistic development of children under 6 years and to provide food and nutrition to the beneficiaries. In the writ petition the petitioner impleaded the Union of India, all States and Union Territories and has prayed for following reliefs:
a) For a writ of mandamus directing the Union of India and all States and Union Territories to forthwith reopen all the Anganwadi Centres in the country and provide Anganwadi services as before the lockdown and in accordance with Sections 4 to 7 of the National Food Security Act, 2013.
b) For writ of mandamus directing the Union of India and all States and Union Territories to provide Hot Cooked Meals, Take Home Rations in consonance to the provisions of the National Food Security Act, 2013 as well as The Supplementary Nutrition (under the Integrated Child Development Services Scheme)Rules, 2020 as well as make provisions for additional Supplementary Nutrition provisions to all beneficiaries of the ICDS Scheme in the form of a comprehensive package of Cooked Food, Eggs, Fruits, dry rations including cereals, pulses, etc.
c) For a writ of mandamus directing the Union of India and all States and Union Territories to conduct growth monitoring of children to document growth in the wake of the after effects of the pandemic more particularly main nourishment among children and anemia in girl children and initiate corrective steps forthwith.
d) For an order in terms of recommendations 1-6 of the Right to Food Campaign in its representation dated 6.8.20 to the Union of India at Annexure P-8 hereto and as set out in paragraph no.37 above.
e) For any other order deemed fit and proper under the circumstances of the present case."
2. The Constitution of India with the object of securing to all its citizens social and economic justice contains various Articles which empower making of special law in favour of women and children. Article 47 of the Constitution which forms the part of Directive Principles of the State Policy provides that the State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. The Government of India with the above objective launched a welfare scheme, namely, Integrated Child Development Services Scheme in the year 1975. The Scheme was designed as an early childhood development programme aimed to address health, nutrition and development needs of young children who are future of India and pregnant and nursing mothers. The Scheme was designed to promote holistic development of children under 6 years of age. This Court in a Public Interest Litigation in Writ Petition No.196 of 2001, People's Union for Civil Liberties vs. Union of India and others, had issued various directions for protection of right to food of the poor and the underprivileged sections including children and women. This Court has been pro-actively directing the Central Government and the State Governments to effectively implement the Integrated Child Development Services Scheme. Various directions were issued by this Court from time to time.
3. The Parliament enacted the National Food Security Act, 2013 (hereinafter referred to as the "Act, 2013") to provide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith. The Statement of Obje
(1) It is now statutory obligation of Centre and States to provide for nutritional support to pregnant women and lactating mothers, nutritional support to children and to take steps to identify and p....
The National Food Security Act, 2013 supersedes previous directives regarding self-help groups, and petitioners lacked enforceable rights after contract expiration.
Terms of the impugned tender run contrary to PUCL as well as the policy framed by the Government of India.
The court established that Anganwadi Workers and Helpers are entitled to gratuity under the Payment of Gratuity Act, 1972, recognizing Anganwadi centres as 'establishments'.
The Court reiterated that the State must comply with statutory provisions of the National Food Security Act to ensure adequate nutritional support for vulnerable populations and directed cessation of....
Anganwadi workers and Anganwadi helpers are entitled to gratuity under the Payment of Gratuity Act, 1972.
The main legal point established in the judgment is the recognition of the statutory duties of Anganwadi workers and helpers under the National Food Security Act, 2013 and the rules/guidelines framed....
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
