Decentralization of procurement and formation of committees at the village level to ensure the implementation of the Mid Day Meal Programme.

Judgment

Dr. A.K. Rath, J.

The petitioner is a practising Advocate. He is neither litigation minded, nor litigation is his pursuit or hobby. The lackadaisical attitude exhibited by the opposite parties in not carrying out the directions of the Hon’ble apex Court passed in W.P.(C) No.196 of 2001 (People’s Union for Civil Liberties v. Union of India and others) and implementing the Mid Day Meal Programme (hereinafter referred to as “MDM Programme”) under Supplementary Nutrition Programme Scheme (hereinafter referred to as “SNP Scheme”) as per the guideline of the Central Government and not taking any steps for supply of pure drinking water to 9543 numbers of Anganwadi Centers (hereinafter referred to as “AWCs”) and Schools compelled him to approach the portal of this Court as a last resort.

2. The case of the petitioner is that keeping in view of the fact that 57% of the population of India spent Rs.12/- per day and the child mortality is 61% and large number of children upto the age of 14 years suffering from malnutrition and hunger do not go to school, dropout in the middle of the session, the Central Government introduced the Integrated Child Development Scheme (hereinafter referred to as “ICDS”) and MDM Programme so that the children upto the age of 6 years, adolescent girl, pregnant women and nursing mother get the benefit of the ICDS Scheme and the school going children upto primary and upper primary school level get the benefit of MDM scheme. The object of the said scheme is to provide nutritious food to the children coming to the AWCs, primary and upper primary schools. In order to prevent malnutrition, the Central Government implemented the MDM Programme under the SNP Scheme throughout the State of Orissa in primary schools, upper primary schools, AWCs to achieve social objective of eradication of illiteracy, check drop out and provide nutritious food at the level of primary, upper primary schools and AWCs. The Anganwadi Workers of different AWCs provide health services including health check up for children under 6 years, antenatal care of expected mothers, postnatal care of nursing mothers and treatment of minor ailments. Under the Scheme, the AWCs supply nutritious foods to the children, adolescent girl, pregnant women for 300 days in a year. Since the implementation of the MDM Programme in the primary schools, upper primary schools and AWCs in the State of Orissa, several complaints/irregularities were reported in various news papers pertaining to supply of rotten, insect infested substandard dal and other substandard mid day meal ingredients to various schools and AWCs of KBK districts and other backward districts. There were also some complaints regarding non-supply of rice, dal, soya chunk to various schools under the MDM Programme. The minor children were admitted to hospitals after taking rotten, insect infested dal in the mid day meal. But the State Government had not taken any action. The contractors were allowed to supply substandard low quality dal and soya chunk to the schools. In order to check the malnutrition and effective implementation of the various schemes and for efficient and effective implementation of Supplementary Nutrition Programme, the apex Court by order dated 13.12.2006 had issued directions in W.P.(C) No.196 of 2001, reported in (2007) 1 SCC 719 to the Chief Secretaries of all the State Governments/Union Territories to submit affidavits with details of all habitations with a majority of SC/ST households, the availability of AWCs in those habitations and the action plan for ensuring that all the habitations are functioning AWCs within two years. The Chief Secretaries of all the State Governments/UTs were also directed to file affidavits giving details of the steps that had taken with regard to the order of the Court dated 7.10.2004 that the contractors shall not be used for supply of nutrition in AWCs and preferably ICDS funds shall be spent by making use of village communities, self-help gro