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2025 Supreme(All) 2919

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
ATTAU RAHMAN MASOODI, SUBHASH VIDYARTHI, JJ.
Shipra Devi - Petitioner 
Versus
State of U.P. Thru. Addl. Chief Secy. Deptt. Of Women And Child Developement Lko And Others – Respondents
Public Interest Litigation (PIL) No. 960 of 2024, Public Interest Litigation (PIL) No. 21609 of 2021
Decided On : 01-08-2025


Advocates Appeared:
For the Petitioner: Paavan Awasthi, Bhanu Bajpai
For the Respondent: C.S.C., Bhupendra Singh Bisht, Ram Kumar Singh

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 non-compliant practices under the ICDS Scheme.

Headnote:(A) National Food Security Act, 2013 - Sections 4 and 5 - Integrated Child Development Services (ICDS) Scheme - Implementation of supplementary nutrition programs for women and children - The Court emphasized adherence to statutory mandates, acknowledging significant shortcomings in implementation leading to malnutrition. (Paras 80-82)

(B) Public Interest Litigation - The role of the judiciary concerning policy implementation - Courts may ensure compliance with statutory duties without encroaching on policy-making, focusing on effective delivery of public welfare. (Paras 41, 72)

(C) Jurisdiction of the State - The State holds the responsibility for ensuring nutritional support and compliance with legal frameworks concerning food security. (Paras 79-80)

Facts of the case:
The petitions challenge the ineffective implementation of the ICDS Scheme, highlighting malnutrition amongst vulnerable populations, despite legal entitlements under the National Food Security Act, which the State has failed to uphold.

Findings of Court:
The State's compliance with the nutritional mandates and provisions of the National Food Security Act was inadequate, especially concerning hot cooked meals and dry rations.

Issues: Whether the State is meeting its obligations under the Act to provide adequate nutrition and manage the operational structure effectively.

Ratio Decidendi: The Court asserted that the implementation of statutory schemes must be compliant with prescribed regulations and that deviations, such as replacing hot cooked meals with dry rations, are impermissible.

Result: Directions were issued to the State to ensure compliance with statutory mandates and nutritional delivery to eligible beneficiaries.

Table of Content
1. the court reviews the efficacy of icds implementation affecting malnutrition. (Para 1 , 2 , 6)
2. discussion on committee reports and statutory provisions guiding icds. (Para 4 , 5)
3. arguments about governmental discretion in implementing nutritional policies. (Para 10 , 11 , 12)
4. court's determination on the validity of nutritional offerings under current practices. (Para 20 , 21 , 72)
5. final directives for compliance with statutory nutritional mandates for vulnerable groups. (Para 80 , 81)

JUDGMENT :

(1) The subject matter of the present writ petitions filed in public interest is lack of proper implementation of ICDS Scheme resulting in malnutrition of the pregnant women, lactating mothers and children aged 6 months to 6 years.

(2) An order was passed by this Court on 20.02.2025 wherein certain deficiencies in implementing the ICDS scheme were highlighted and directions were accordingly issued. In the spirit of the directions issued, a three-member Committee constituted by the Court was required to submit its report regarding the ground realities of implementing the Supplementary Nutrition Programme (SNP) on or before 25.03.2025 which period was extended thereafter looking to the ongoing progress. For beginning with the necessary exercise to draw the report, a sum of Rs. 25,000/- was made payable to each member of the committee from the fund of U.P. State Legal Services Authority. The final report was filed by the Committee and the same was taken on record vide order dated 07.07.2025 which, for ready reference, is extracted below:

1. Heard learned counsel for the parties at some length.

2. By a detailed order passed on 20.02.2025, a committee was constituted to submit the report on the implementation of ICDS scheme in the State of U.P.

3. Pursuant to the order dated 20.02.2025, the Committee has submitted its report through Chairman/Dr.G.C. Prakash, I.A.S. (Retd.), and the same is taken on record. The Chairman of the Committee is present to assist the Court.

4. Let all the parties be provided a copy of the report submitted by the Committee free of cost within two days who may file their views/submissions on the report within ten days so that the matter may be concluded in the light of submissions made.

5. Ms. Pallavi Singh, Advocate holding brief for Sri Ram Kumar Singh, learned counsel for the respondent No.4/U.P.State Rural Livelihood Mission submitted that the opposite party No.4 does not wish to press the application for recall of the order dated 20.02.2025. Since the said application is not on record, the Registry is directed to place it on record on the next date of listing. The U.P. State Rural Livelihood Mission is directed to submit the complete details of 204 Self-Help Groups inclusive of their capacity building status.

6. Since the report as directed has come to be filed before this Court, therefore, the rights of the minor children upto the age of six years and lactating mothers under the ICDS scheme are bound to be viewed in the light of the relevant statutory provisions, on the vital areas of quality and quantity checks besides achieving the real target of service to the beneficiaries.

7. This Court after hearing the parties proceeds to frame the following questions for consideration:-

(i) Whether the implementation of ICDS Scheme through 204 SHGs in the State of U.P. has an established base of processing units meeting the quantity and quality checks under the Rules and Regulations applicable in this behalf.

(ii) Whether the supply of dry ration through NAFED as an interim measure stands in consonance with the scheme as well as the law applicable in the matter of implementing the ICDS Scheme.

(iii) As to whether the accountability of SHGs for implementing the Scheme in absence of they being a juristic person, can be fixed upon the group collectively or severally and the procedure in this behalf.

8. We appreciate the efforts of the committee to have brought on record the relevant inputs and data and the e

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