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GAHC010137112024

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : PIL/39/2024

BARASHA THAKURIA

D/O- PRASANNA THAKURIA,

H.NO-10,

JONAK UDAY PATH,

BIRUBARI, JONAKPUR, GUWAHATI, DIST- KAMRUP (M), ASSAM, PIN-

781016

VERSUS

THE STATE OF ASSAM AND 5 ORS

REP. BUY THE CHIEF SECRETARY , ASSAM SECRETARIAT , C BLOCK, 3RD

FLOOR, DISPUR, GUWAHATI, ASSAM, PIN-781006

2:THE COMMISSIONER AND SECRETARY

TO THE GOVT. OF ASSAM

WOMEN AND CHILD WELFARE DEPARTMENT

DISPUR

GUWAHATI-06.

3:THE DIRECTOR

OF WOMEN AND CHILD WELFARE DEPARTMENT

UZANBAZAR

GUWAHATI-01.ASSAM

4:THE UNION OF INDIA

REP. BY THE SECRETARY WOMEN AND CHILD DEVELOPMENT

SHASTRI BHAWAN

DR. RAJENDRA PRASAD ROAD

NEW DELHI-01

5:THE COMMISSIONER

TO THE GOVT. OF ASSAM

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PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT

ASSAM

PANJABARI

JURIPAR

GUWAHATI- 781037

KAMRUP (M)

ASSAM

6:THE DISTRICT COMMISSIONER

JORHAT

P.O AND DIST- JORHAT

ASSAM

PIN-78500

Advocate for the Petitioner : MS. D GHOSH, MS A HUSSAIN,MR A.K. HAJONG,MR. S. K.

CHAKMA,MR I CHAKMA,MS H BETALA,MS N DEKA

Advocate for the Respondent : GA, ASSAM,

Linked Case : PIL/72/2024

BARASHA THAKURIA

D/O- MR. PRASANNA THAKURIA

HOUSE NO. 10

JONAK UDAY PATH

BIRUBARI

JONAKPUR

GUWAHATI

DIST. KAMRUP(M)

ASSAM

PIN- 781016.

VERSUS

THE STATE OF ASSAM AND 6 ORS

REPRESENTED BY CHIEF SECRETARY

ASSAM SECRETARIAT

C BLOCK

3RD FLOOR

DISPUR

GUWAHATI

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ASSAM

PIN- 781006.

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

DIRECTORATE OF SOCIAL WELFARE

WOMEN AND CHILD DEVELOPMENT

ASSAM SECRETARIAT

DISPUR

GUWAHATI

ASSAM

PIN- 781006.

3:THE UNION OF INDIA

REPRESENTED BY SECRETARY

WOMEN AND CHILD DEVELOPMENT

SHASTRI BHAWAN

DR. RAJENDRA PRASAD ROAD

NEW DELHI-110001.

4:THE ASSAM POWER DISTRIBUTION COMPANY LIMITED

(APDCL)

REPRESENTED BY THE CHIEF GENERAL MANAGER

BIJULEE BHAWAN

PALTANBAZAR

GUWAHATI-781001.

5:THE PRINCIPAL SECRETARY

POWER (ELECTRICITY) DEPARTMENT

D-BLOCK

1ST FLOOR

ASSAM SECRETARIAT

DISPUR

GUWAHATI

ASSAM

PIN- 781006.

6:THE DISTRICT COMMISSIONER

HOJAI

P.O. HOJAI

DIST. HOJAI

ASSAM

PIN- 782435.

7:THE COMMISSIONER

PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT

GOVERNMENT OF ASSAM

PANJABARI RD

PANJABARI

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KHANAPARA

GUWAHATI

ASSAM

PIN- 781037.

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For the petitioner/appellant(s) : Ms. D. Ghosh, Advocate

Mr. S.K. Chakma, Advocate

For the Respondent(s) : Mr. R.K.D. Choudhury, Dy. SGI

Mr. S. Dutta, SC, P&RD Deptt.

Mr. S. Baruah, GA, Assam

B E F O R E –

–

HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR

HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

20.05.2026

(Ashutosh Kumar, CJ)

A final year law student has preferred these Public Interest Litigations

seeking judicial intervention to address the so-called systemic failure of

the agencies in implementing the Integrated Child Development

Services (ICDS) Scheme as also the provisions of the National Food

Security Act, 2013 (NFSA).

Though in the petition there are references of five remote villages,

where there is, according to the petitioner, no Anganwadi Centres which

could serve as the grass root delivery point for ICDS schemes, thereby

depriving the vulnerable groups of the essential entitlements of

supplementary nutrition; health check-up; immunization; pre-school

education; take-home ration, etc.

The contention of the petitioner is that such practically no

implementation or, at best, faulty implementation of the ICDS scheme

directly leads to malnutrition and health risks etc. of, in a large measure,

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the already marginalized women and children being in poverty, who

need immediate succor.

The relief sought in these petitions is a mandamus directing the

authorities for immediate implementation of the ICDS scheme; setting up

of Anganwadi centres as per the population norms and making

provisions for free meals and nutritional support to the vulnerable groups.

The affidavit filed on behalf of the State of Assam reflects that efforts

are being made to rectify the situation by proposing to build Anganwadi

centres in places where there are none. But, according to the learned

Advocate representing the petition

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