PEOPLES UNION FOR CIVIL LIBERTIES v. UNION OF INDIA
2010-07-27
DALVEER BHANDARI, DEEPAK VERMA
body2010
DigiLaw.ai
ORDER 1. We have heard Mr. Colin Gonsalves, learned Senior Counsel for the petitioner and Mr. Mohan Parasaran, learned Additional Solicitor General for India. We have discussed the various aspects of the matter, including the extract of the main recommendation of Justice Wadhwa Central Vigilance Committee Report and the note which was prepared by the Food Secretary, Government of India. 2. General complaint is that people below poverty line (for short "BPL") are not able to get full benefit of public distribution system (for short "PDS"). The main cause is, because even people above poverty line are also entitled to get the benefit of PDS in most of the places, it is desirable that people who are above poverty line should not get the benefit of PDS and the entire E benefit be extended to BPL, including expanding of BPL. The Government can fix the income and other norms immediately so that the benefit is extended to all those who genuinely deserve it more than the other category (above poverty line). 3. Secondly, Justice Wadhwa has submitted a report pertaining to 11 States and part report regarding Tamil Nadu. One common thread which runs through all the reports is that there is huge corruption and pilferage in PDS all over the country. According to him total computerisation of PDS would be an important step in arresting the problem of computerisation (sic corruption and pilferage). 4. We would like the learned Food and Public Distribution Secretary, Union of India to respond within two weeks on the following points: (i) Why the facilities of PDS be not discontinued for people who are above poverty line? (ii) To avoid pilferage and corruption, there must be total computerisation of PDS on top priority basis. (iii) The Union of India must prepare a software and the same software should be used by all the States. (iv) The Union of India may consider computerisation in consultation with the specialised agencies like the Unique Identification Authority of India or any other agencies. (v) The Government may also consider that instead of giving fair price shops to private individuals, let all the fair price shops be operated by State Public Warehousing Corporations/State Government Corporations. (vi) The Government may also consider providing ration and other items according to members of the family, instead of on a card basis.
(v) The Government may also consider that instead of giving fair price shops to private individuals, let all the fair price shops be operated by State Public Warehousing Corporations/State Government Corporations. (vi) The Government may also consider providing ration and other items according to members of the family, instead of on a card basis. If there is one member in the family, he must be given ration accordingly and if there are five members, then they must get five times more ration. The State Government can fix the maximum limit. (vii) In a country where admittedly people are starving, it is crime to waste even a single grain. The official statement made by the Government indicates that there is wastage of food at many places. The Government may consider constructing adequate warehouses or food storage facilities on a long-term basis. On a short-term basis, they can also consider hiring warehouses or putting up waterproof tents to save the grain. But all our efforts must be made to ensure that not a single grain is wasted. (viii) According to the reports of Justice Wadhwa, there is pilferage at every stage. To avoid too many stages, the Union of India may consider that ration be sent to the fair price shops directly from the god-owns of Food Corporation of India. (ix) There must be total accountability of all those people who are responsible and in-charge of PDS and the Government may consider taking appropriate steps, including prosecution against those people who are found responsible for misusing the system or officials getting involved in corrupt and unfair practices. (x) The Government must take into consideration the recommendation of the National Advisory Council. 5. On 10-1-2008, this Court fixed the limit of 35 kg for ration cardholder for the category of BPL and Antyodaya Anna Yojana. Whether that has been implemented or not, we would like the response of the Union Food Secretary. Let that be filed within two weeks from today. 6. Learned Senior Counsel appearing for the petitioner also indicated that huge stock of food is being wasted because the Government does not have adequate facility of storing it. The Government may consider releasing the food to the people who deserve it. 7. It is submitted that Justice Wadhwa has also submitted about 14 reports pertaining to different States.
6. Learned Senior Counsel appearing for the petitioner also indicated that huge stock of food is being wasted because the Government does not have adequate facility of storing it. The Government may consider releasing the food to the people who deserve it. 7. It is submitted that Justice Wadhwa has also submitted about 14 reports pertaining to different States. The State Governments would be at liberty to file reply, if any, on or before 10-8-2010 with an advance copy to the learned Senior Counsel for the petitioner and learned Additional Solicitor General for India. 8. List the matter on 12-8-2010. IA No. 104 9. Issue notice. The learned counsel for the respondent State appears and accepts notice and undertakes to file reply within 10 days. 10. List this matter on 12-8-2010 along with other matters. IA No. 93 11. This application is filed by the State of Manipur and the copy of the same has been given to the learned Senior Counsel for the petitioner, who may file his response on or before 10-8-2010. 12. List on 12-8-2010 along with other matters. List rest of the IAs on board on 12-8-2010. Court Masters