Veterans Forum for Transparency in Public Life through Organizing Secretary v. Union of India
2017-05-15
SANJAY KAROL, TARLOK SINGH CHAUHAN
body2017
DigiLaw.ai
JUDGMENT : Sanjay Karol, J. 1. Veterans Forum for Transparency in Public Life and Organization (Petitioner) espousing the cause of down trodden, has filed the instant petition praying for the following relief: "(a) Court may please issue suitable direction to Himachal Government and Central Government to implement Section 4, Section 5 and Section 8 of the Food Security Act, 2013." 2. Having perused the response so filed by the State, we find that necessary steps for implementing the provisions of the National Food Security Act, 2013 (hereinafter referred to as the ‘Act’) stand taken and directions issued by the State of Himachal Pradesh. The State does not dispute its obligation, to implement the provisions of the Act, in raising the level of nutrition and standard of living of the residents. 3. For eradicating extreme poverty and hunger, being one of the goals under the Millennium Development Goals of the United Nations, the Act came to be notified by the Central Government w.e.f. 10th September, 2013. 4. Chapter II of the Act with which we are concerned, provides for food security and Chapter III deals with the provisions of food security allowance. 5. By virtue of Section 3 of the Act, every person falling in the category of priority households, so identified under Section 10 of the Act, is held entitled to receive certain amount of food grains, on monthly basis, at subsidized prices from the State Government under the Targeted Public Distribution System. The Section also deals with households covered under the scheme launched by the Central Government. 6. Section 4 of the Act entitles every pregnant woman and lactating mother for meal, free of charge, during pregnancy and six months after the child is born. The distribution is through the Child Care and Development Centre (Anganwadi), set up under the Integrated Child Development Scheme sponsored by the Central Government and the object being to meet the nutritional standards specified in Schedule II prescribed under the Act. Additionally, such pregnant woman is also entitled to monetary benefits of not less than Rs. 6,000/- (rupees six thousand only), in such installments as may be prescribed by the Central Government. 7. For raising nutritional standard of children up to the age of 14 years, one finds, similar provision to be there in Section 5 of the Act. 8.
Additionally, such pregnant woman is also entitled to monetary benefits of not less than Rs. 6,000/- (rupees six thousand only), in such installments as may be prescribed by the Central Government. 7. For raising nutritional standard of children up to the age of 14 years, one finds, similar provision to be there in Section 5 of the Act. 8. Now, significantly by virtue of Section 6 of the Act, the State Government is under an obligation to identify and provide meals through Anganwadi Centres to children, who suffer from malnutrition so as to meet the prescribed nutritional standards specified in Schedule II to the Act. 9. The State Government, by virtue of Section 7 of the Act, is under an obligation to implement the schemes covering entitlements under Sections 4, 5 and 6 of the Act. This, of course, has to be in accordance with the guidelines so prescribed under the Act. 10. Both the Central and the State Governments are empowered to frame Rules by virtue of Sections 39 and 40, respectively, for proper implementation of the provisions of the Act. 11. Vide Notification dated 21.01.2015 the Food Security Allowance Rules, 2015 came to be notified by the Ministry of Consumer Affairs, Food and Public Distribution (Department of Food and Public Distribution) i.e. the Central Government. Significantly these Rules do prescribe the manner in which the provisions of Sections 4, 5, 6 and 8 of the Act are to be implemented. The mechanism provided under these Rules stands adopted by the State of Himachal Pradesh. In fact, the rule making power of the State Government is only subject to the exercise of power by the Central Government and any Rules framed by the State Government, necessarily have to be consistent with that of the Central Government. 12. The State Government has issued Notifications dated 1.8.2013 and 24.11.2016, prescribing the guidelines for identification of priority households under the provisions of the Act. Thus there is complete mechanism, in place, for: (a) identification of the beneficiary and (b) procedure for distribution of food grains/meals. 13. It has been stated in the reply that within the State of Himachal Pradesh 31.22 lac beneficiaries already stands identified and the process for fulfilling the target of identification of 36.82 lac beneficiaries under the Act is underway. Most of the pregnant women, lactating mothers and children upto 14 years of age stand identified.
13. It has been stated in the reply that within the State of Himachal Pradesh 31.22 lac beneficiaries already stands identified and the process for fulfilling the target of identification of 36.82 lac beneficiaries under the Act is underway. Most of the pregnant women, lactating mothers and children upto 14 years of age stand identified. Food items having nutritional value of 600 Calories, free of charge, are being distributed through public distribution mechanism within the State. Insofar as disbursement of monetary benefits is concerned, directions already stand issued by the State Government for taking all steps including considering framing of Rules, if so required. 14. Right to food is a fundamental right. It is implicit in Articles 21, 39(a) and 47 of the Constitution of India. The importance of food security stands emphasized by Hon’ble the Apex Court in People's Union for Civil Liberties (PDS Matters) vs. Union of India and Others, (2013) 2 SCC 688 . Emphasis was laid on the fact that mere framing of Schemes, would serve no purpose, unless and until, the same are properly implemented. 15. While appreciating the endeavour that of the petitioner in inviting attention of this Court to the provisions of the Act, we dispose of the present petition with directions to the State Government to ensure: (a) that the provisions of Sections 4, 5, 6 and 8 of the National Food Security Act, 2013 are implemented in letter and spirit; (b) if any additional Scheme, Rule or Regulation is required to be framed for achieving the objects of the Act or other measures to be taken, it be so positively done within a period of four months; (c) process of identification of the beneficiaries be expedited and completed immediately; (d) Secretary, Department of Food, Supplies and Consumer Affairs, Govt. of Himachal Pradesh shall personally monitor implementation of the provisions of the Act. 16. Liberty reserved to the petitioner to approach the Court again, highlighting the discrepancies, if any, in proper implementation/incomplete/non-implementation of the provisions of the Act and the Rules framed thereunder, in its true letter and spirit. 17. Petition stands disposed of accordingly, as also pending applications, if any.