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Supreme Court of India
Dipika Jagatram Sahani vs Union Of India on 13 January, 2021Author: Ashok Bhushan
Bench: Ashok Bhushan, R. Subhash Reddy, M.R. Shah
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO.1039 OF 2020
DIPIKA JAGATRAM SAHANI …PETITIONER(S)
VERSUS
UNION OF INDIA AND OTHERS …RESPONDENT(S)
J U D G M E N T
ASHOK BHUSHAN, J.
This writ petition has been filed as a Public
Interest Litigation under Article 32 of the
Constitution of India questioning the closure of the
Anganwadi Centres across the country. The petitioner
states that through Anganwadi Centres supplementary
nutrition to pregnant women, lactating mothers,
adolescent girls and children upto the age of 6 years
were being provided which fulfilled the State objective
of holistic development of children under 6 years and
to provide food and nutrition to the beneficiaries. In
Signature Not Verified
Digitally signed by
the writ petition the petitioner impleaded the Union
ASHWANI KUMAR
Date: 2021.01.13
16:03:19 IST
Reason:
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of India, all States and Union Territories and has
prayed for following reliefs:
a) For a writ of mandamus directing the Union
of India and all States and Union
Territories to forthwith reopen all the
Anganwadi Centres in the country and
provide Anganwadi services as before the
lockdown and in accordance with Sections
4 to 7 of the National Food Security Act,
2013.
b) For writ of mandamus directing the Union
of India and all States and Union
Territories to provide Hot Cooked Meals,
Take Home Rations in consonance to the
provisions of the National Food Security
Act, 2013 as well as The Supplementary
Nutrition (under the Integrated Child
Development Services Scheme)Rules, 2020
as well as make provisions for additional
Supplementary Nutrition provisions to all
beneficiaries of the ICDS Scheme in the
form of a comprehensive package of Cooked
Food, Eggs, Fruits, dry rations including
cereals, pulses, etc.
c) For a writ of mandamus directing the Union
of India and all States and Union
Territories to conduct growth monitoring
of children to document growth in the wake
of the after effects of the pandemic more
particularly main nourishment among
children and anemia in girl children and
initiate corrective steps forthwith.
d) For an order in terms of recommendations
1-6 of the Right to Food Campaign in its
representation dated 6.8.20 to the Union
of India at Annexure P-8 hereto and as set
out in paragraph no.37 above.
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e) For any other order deemed fit and proper
under the circumstances of the present
case.”
2. The Constitution of India with the object of
securing to all its citizens social and economic
justice contains various Articles which empower making
of special law in favour of women and children. Article
47 of the Constitution which forms the part of
Directive Principles of the State Policy provides that
the State shall regard the raising of the level of
nutrition and the standard of living of its people and
the improvement of public health as among its primary
duties. The Government of India with the above
objective launched a welfare scheme, namely, Integrated
Child Development Services Scheme in the year 1975. The
Scheme was designed as an early childhood development
programme aimed to address health, nutrition and
development needs of young children who are future of
India and pregnant and nursing mothers. The Scheme was
designed to promote holistic development of children
under 6 years of age. This Court in a Public Interest
Litigation in Writ Petition No.196 of 2001, People’s
Union for Civil Liberties vs. Union of India and
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others, had issued various directions for protection
of right to food of the poor and the underprivileged
sections including children and women. This Court has
been pro-actively directing the Central Government and
the State Governments to effectively implement the
Integrated Child Development Services Scheme. Various
directions were issued by this Court from time to time.
3. The Parliament enacted the National Food Security
Act, 2013 (hereinafter referred to as the “Act, 2013”)
to provide for food and nutritional security in human
life cycle approach, by ensuring access to adequate
quantity of quality food at affordable prices to people
to live a life with dignity and for matters connected
therewith. The Statement of Objects and Reasons of the
Act apart from containing various other objects,
proposed to provide following also in paragraph 4(c),
(d) and (e):
“4. In view of the preceding paragraphs, it
is proposed to enact a new legislation,
namely, the National Food Security Bill,
2011, to-
…… …… …… ……
(c) entitle every pregnant woman and
lactating mother to meal, free of charge,
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during pregnancy and six months after child
birth, through the local anganwadi, so as to
meet the nutritional standards specified in
Schedule II; and to provide to such women
maternity benefit of rupees one thousand per
month for a period of six months in
accordance with a scheme, including cost
sharing, payable in such instalments as may
be prescribed by the Central Government.
(d) entitle every child up to the age of
fourteen years-(i) age appropriate meal,
free of charge, through the local anganwadi
so as to meet the nutritional standards
specified in Schedule II in the case of
children in the age group of six months to
six years; and (ii) one mid day meal, free
of charge, everyday, except on school
holidays, in all schools run by local
bodies, Government and Government aided
schools, up to class VIII, so as to meet the
nutritional standards specified in Schedule
II in the case of children in the age group
of six to fourteen years;
(e) require the State Government to identify
and provide meals through the local
anganwadi, free of charge, to children who
suffer from malnutrition, so as to meet the
nutritional standards specified in Schedule
II; and implement schemes covering
entitlements of women and children in
accordance with the guidelines, including
cost sharing, between the Central Government
and the State Governments in such manner as
may be prescribed by the Central Government.
4. The Act, 2013 by Section 4 creates a statutory
right of every pregnant woman and lactating mother free
meals during pregnancy and six months after the child
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birth. Section 5 provides for nutritional support to
children, in the case of children in the age group of
six months to six years, age appropriate meal, free of
charge, through the local Anganwadi so as to meet the
nutritional standards. Similarly, Section 6 provides
for and management of child malnutrition. Sections 4,5
and 6 are as follows:
“Section 4. Nutritional support to pregnant
women and lactating mothers.-Subject to such
schemes as may be framed by the Central
Government, every pregnant woman and lactating
mother shall be entitled to—
(a) meal, free of charge, during pregnancy
and six months after the child birth,
through the local anganwadi, so as to meet
the nutritional standards specified in
Schedule II; and
(b) maternity benefit of not less than
rupees six thousand, in such instalments
as may be prescribed by the Central
Government:
Provided that all pregnant women and
lactating mothers in regular employment with
the Central Government or State Governments or
Public Sector Undertakings or those who are in
receipt of similar benefits under any law for
the time being in force shall not be entitled
to benefits specified in clause (b).
5. Nutritional support to children.- (1)
Subject to the provisions contained in clause
(b), every child up to the age of fourteen years
shall have the following entitlements for his
nutritional needs, namely:—
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(a) in the case of children in the age
group of six months to six years, age
appropriate meal, free of charge, through
the local anganwadi so as to meet the
nutritional standards specified in
Schedule II: Provided that for children
below the age of six months, exclusive
breast feeding shall be promoted;
(b) in the case of children, up to class
VIII or within the age group of six to
fourteen years, whichever is applicable,
one mid-day meal, free of charge, everyday,
except on school holidays, in all schools
run by local bodies, Government and
Government aided schools, so as to meet the
nutritional standards specified in
Schedule II.
(2) Every school, referred to in clause (b)
of sub-section (1), and anganwadi shall have
facilities for cooking meals, drinking water
and sanitation:
Provided that in urban areas facilities of
centralised kitchens for cooking meals may be
used, wherever required, as per the guidelines
issued by the Central Government.
6. Prevention and management of child
malnutrition.- The State Government shall,
through the local anganwadi, identify and
provide meals, free of charge, to children who
suffer from malnutrition, so as to meet the
nutritional standards specified in Schedule
II.”
5. The Anganwadi Centres which were running in the
country since 1975 under the Integrated Child
Development Services Scheme, now have been given
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statutory recognition under the Act, 2013. Section 2(1)
defines Anganwadi in the following words:
“Section 2(1) “anganwadi” means a child care
and development centre set up under the
Integrated Child Development Services Scheme
of the Central Government to render services
covered under section 4, clause (a) of sub-
section (1) of section 5 and 6.”
6. Anganwadi Centres which are manned by Anganwadi
workers/helpers are entrusted with implementation of a
large number of welfare schemes initiated by the
Central Government as well as by the State Governments.
The beneficiaries who are registered with Anganwadi are
also provided following:
a) providing supplementary nutrition;
b) growth monitoring and counseling;
c) pre-school education;
d) immunization and
e) referral services.
7. After spread of pandemic Corona virus(COVID-19),
Anganwadi Centres were closed throughout the country
in March, 2020. The distribution of special nutrition
and other benefits to be provided for beneficiaries
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being essential services were permitted to be conducted
by Anganwadi staff by resorting to Take Home Ration.
8. Under Section 7 of the Act, 2013 it is the
obligation of the State Governments to implement
schemes covering entitlements under Sections 4,5 and 6
of the Act, 2013 in accordance with the guidelines,
including cost sharing, between the Central Government
and the State Governments in such manner as may be
prescribed by the Central Government. The Schedule II
of the Act, 2013 provides for nutritional standards.
Schedule II of the Act, 2013 is as follows:
“SCHEDULE II
[See sections 4(a), 5(1) and 6]
NUTRITIONAL STANDARDS
Nutritional standards: The nutritional
standards for children in the age group of 6
months to 3 years, age group of 3 to 6 years
and pregnant women and lactating mothers
required to be met by providing “Take Home
Rations” or nutritious hot cooked meal in
accordance with the Integrated Child
Development Services Scheme and nutritional
standards for children in lower and upper
primary classes under the Mid Day Meal Scheme
are as follows:
__________________________________________________________________
Serial Category Type of Calories Protein
number meal (Keal) (g)
1. Children(6 months to Take Home Ration 500 12-15
3 years)
2. Children(3 to 6years) Morning Snack and 500 12-15
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Hot Cooked Meal
3. Children (6 months to Take Home Ration 800 20-25
6 years) who are
malnourished
4. Lower primary classes Hot Cooked Meal 450 12
5. Upper primary classes Hot Cooked Meal 700 20
6. Pregnant women and Take Home Ration 600 18-20
Lactating mothers
__________________________________________
9. The lockdowns which were placed in the entire
country in exercise of the power under the Disaster
Management Act, 2005 were lifted by the competent
authority in phased manner and gradually specified
activities were permitted to be opened.
10. In this writ petition we had issued notice on
21.09.2020 and also directed the petitioner to serve a
copy of the petition to the learned Solicitor General
of India. The counter-affidavits have been filed on
behalf of Union of India. The Union of India has filed
an affidavit dated 20.11.2020. It states that the
Supplementary Nutrition Programme supplied under ICDS
Scheme is of two types for different beneficiaries i.e.
(a)Take Home Ration for pregnant women & lactating
mothers and children in the age group of 6 months to 3
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years; and (b) Morning Snacks and Hot Cooked Meal for
children in the age group of 3-6 years. Since the
Supplementary Nutrition Programme is implemented,
managed and controlled by the respective State/UT, it
is at their discretion to decide items of food to be
supplied under the Supplementary Nutrition as per local
food habits, regional preferences and availability of
food in local area which, however, has to be done by
keeping in view the overall guidelines, nutritional
norms and food safety standards.
11. It has been further pleaded that Government of
India, Ministry of Women & Child Development has issued
communication (Guidance Note) dated 11.11.2020 to
States and Union Territories on operations of Anganwadi
Services.
12. After filing of the affidavit the matter was taken
up by this Court on 27.11.2020 on which dated following
order was passed by this Court:
“The affidavit has been filed on behalf
of the Union of India. In the affidavit it
has been stated that the decision has been
taken on 11.11.2020 and guidelines issued on
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operation of Anganwadi services with
operational guidance note for continuation
of services in the context of COVID-19 which
has been brought on the record as Annexure
R-4.
Let Government of India file a detailed
affidavit with regard to implementation of
the guidelines dated 11.11.2020. The States
may also file an additional affidavit
regarding the measures taken 3 with regard
to guidelines dated 11.11.2020 issued by the
Government of India.
Mr. Colin Gonsalves, learned senior
counsel has also submitted that for small
children, upto 6 years, neither food nor any
education is provided.
With regard to the above aspect also,
in the additional affidavit, details may be
given by the Union of India as well as by
the States. Two weeks’ time is granted. List
in the week commencing from 14.12.2020.”
13. The Union of India as well as the States and Union
Territories have filed affidavits in this writ petition
bringing on record the steps taken by the respective
States/UTs regarding implementation of the requirement
as contained in Sections 4,5 and 6 of the Act, 2013.
14. Shri Colin Gonsalves, learned senior counsel
appearing for the petitioner contends that although
initially under the order issued by the Government of
India, Ministry of Home Affairs beneficiary were not
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to attend the Anganwadi but after lockdown came to an
end due to non-opening of Anganwadi in various States
beneficiaries, children pregnant women and lactating
mothers are suffering. The pandemic has caused severe
strain on the employment and means of livelihood of a
large sections of the society especially marginal
sections, who require immediate extension of all
benefits as envisaged in the Scheme. Shri Gonsalves has
also filed additional documents in support of his writ
petition and submits that even National Human Rights
Commission has also made recommendations on 28.09.2020
and 29.09.2020 after impact assessment, issued advisory
to reopen Anganwadi Centres immediately. Shri Gonsalves
submits that due to non-providing of hot cooked meals
to children upto the age of six years and children who
are affected of malnutrition they are suffering which
needs immediate attention and remedial action.
15. Smt. Aishwarya Bhati, learned Additional Solicitor
General appearing for Union of India submits that Union
of India has filed its Guidance Note dated 11.11.2020
providing resumption of Anganwadi Services outside
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containment zones with immediate effect, after
complying health and safety protocols. It is further
submitted by the learned Additional Solicitor General
that Union of India has also issued an operational
Guidance Note for continuation of services in the
context of COVID-19. The Union of India also referring
to the Guidance Note dated 11.11.2020 has sought status
report from the States and Union Territories. In the
additional affidavit it has been stated that a few of
UTs and States like Andaman and Nicobar, Chhattisgarh,
Goa, Meghalaya and Rajasthan, Anganwadi Centres have
been opened and services are being provided therein.
16. Learned counsel appearing for various States and
Union Territories have also advanced their submissions.
The States and Union Territories in their affidavits
have submitted that the States and Union Territories
have been providing necessary Home Take Ration as per
the requirements to the beneficiaries which were
delivered at door steps once in 15 days. Some of the
States in their affidavits have stated that Anganwadi
Centres have been opened. With regard to few States it
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is stated that matter has been referred and the
approval of the State Government is awaited. Some of
the States have stated that decision has been taken,
as of now, not to open the Centres looking to the
continuance of the pandemic. Some of the States have
stated that the Centres are closed till 31.12.2020 and
decision will be taken thereafter.
17. We have considered submissions of the learned
counsel for the parties and have perused the records.
Children are the next generation and therefore unless
and until the children and the women have the
nutritious food, it will affect the next generation and
ultimately the country as a whole. No one can doubt
that children are the future of our country and if
there is some stinginess in providing them with
adequate nutrition, the country as a whole is deprived
in future of taking the benefit of their potential.
18. As observed above, it is now statutory obligation
of the Centre and the States to provide for nutritional
support to the pregnant women and lactating mothers,
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nutritional support to children and to take steps to
identify and provide meals for children who suffer from
malnutrition. Government has a constitutional
obligation to preserve human life. Good health of its
citizens is its primary duty. International covenants
also aim at highest attainable standards of physical
and mental health. This is in interest of social
justice. Inadequate supply of nutritious food to the
citizens, more particularly to the children and the
women shall affect their health. Therefore, the same
shall be in violation of their fundamental right to
health/right to live with dignity guaranteed under
Article 21 of the Constitution of India.
19. The Centre as well as States are statutorily
obliged to implement statutory obligation as imposed
under Sections 4,5 and 6 of the Act, 2013. The
nutritional support is required to be of the
nutritional standards which have already been laid down
to Schedule II of the Act, 2013 and all States/UTs are
obliged to implement such Scheme and have to comply
with Schedule II. The main emphasis in the writ
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petition being the issue of opening of Anganwadi
Centres throughout the country, we need to first
consider the above issue. Provision of foodgrains as
per the provisions of the National Food Security Act,
2013 is a statutory obligation on the State. Article
47 of the Constitution provides that one of the primary
duties of the State is to raise the level of nutrition
and the standard of living of the people.
20. After issuance of Order dated 24.03.2020 by
Ministry of Home Affairs, for containment of Covid-19,
Anganwadi Centres in States/Union Territories were
closed. The Government of India, Ministry of Women and
Child Development vide letter dated 30.03.2020 directed
issuance of necessary instructions to the District
Authorities to utilize services of Anganwadi
workers/helpers for providing supplementary nutrition
to the beneficiaries at their doorsteps. After taking
suitable measures as suggested by Health Authorities,
Government of India, Ministry of Home Affairs issued
an order dated 15.04.2020 in exercise of powers under
Section 10(2)(l) of the Disaster Management Act, 2005,
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wherein in paragraph 8, it was provided that Anganwadis
shall remain functional by distributing the food items
and nutrition once in fifteen days at the doorsteps of
the beneficiaries i.e. Children, pregnant women and
lactating mothers. The order further stated the
beneficiaries shall not attend the Anganwadi.
21. By subsequent order issued by the Government of
India, Ministry of Home Affairs, various more
activities were permitted. ON 14.10.2020, the Ministry
of Women and Child Development wrote to the Ministry
of Home Affairs (Disaster Management Division)
regarding reopening of Anganwadi Centres. The
Government of India, Ministry of Home Affairs, issued
an O.M. dated 22.10.2020 stating that the Ministry of
Women and Child Development may take decision after
consultation with concerned States/Union Territories
for reopening of Anganwadi centres which are out of the
containment zone taking appropriate measures related
to health and safety.
22. The Government of India, Ministry of Women and
Child Development issued a guidance note on 11.11.2020
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on operation of Anganwadi services, which note is to
the following effect: –
“F. No. PA/85/2020-CPMU C No 85941
Government of India
Ministry of Women & Child Development
Jeevan Vihar Building,
New Delhi – 110001
11 t h November, 2020
To
The Principal Secretaries/ Secretaries,
Department of Social Welfare/ Women & Child
Development of all States/UTs
Subject: Guidance note on operations of
Anganwadi Services — regarding,
Sir/Madam,
Under-nutrition is one of the leading
causes of morbidity and mortality in
children under the age of 5 years. Delivery of
preventive services to mitigate the impact of the
pandemic on the nutrition is well recognized.
Provision of essential services like Growth
Monitoring Referral, and supplementary
nutrition etc. to ensure the health and well-
being of the pregnant ladies, lactating mothers
and children below 5 years is most important. In
view of Covidl9 pandemic globally, it is
imperative to ensure, that the beneficiaries
do not suffer and remain away from Anganwadi
services.
2. Hence, Anganwadi Services may be
resumed outside containment zones with
immediate effect, complying health and safety
protocols. Further, cleanliness, Hygiene and
Sanitization may be ensured in and around the
premises of Anganwadi Center, use of
mask/face covers shall be mandatory for
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everyone visiting the Centre, including AWW
and AWH. Also, frequent hand washing, and
strict social distancing as per MoHFW
guidelines must be followed at Anganwadi
Centre.
3. Ministry of Women and Child Development
has taken up the matter with Ministry of
Home Affairs regarding reopening of AWCs.
Ministry of Home Affairs vide OM No. 40-
6/2020/DM-1(A)/Part-2 dated 22nd October
2020 (copy enclosed) advised that AWCs may
be opened outside the containment zones, by
adhering to the Standard Operating Procedures
(SOP) related to health and security measures
in consultation with State/UTs.
4. A guidance note for resuming Anganwadi
Services is enclosed herewith. Based on the
guidance note, States / UT Governments need
to develop their own SOP for reopening AWC
when the State/Union Territory Governments
declare it safe for AWC to operate. All
States/UTs are expected to comply with the
COVID-19 related directions issued by
Ministry of Home Affairs and Ministry of
Health and Family Welfare, Government of
India, from time to time.
5. Therefore, it is requested that
States/UTs may decide reopening of AWCs
outside containment zones while adhering to
health and safety protocols as per the
guidelines of MOHFW.
Yours sincerely,
Executive Director,
POSHAN Abhiyan, MWCD
Copy to:
PS to Minister,
PS to MoS,
Secretary MoHFW and Secretary MHA”
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23. It is also relevant to notice that in the month of
September, 2020, the National Human Rights Commission
issued an advisory on Right to food security and
nutrition in context of Covid-19. The National Human
Rights Commission issued following Advisory dated
28.09.2020 Related to Nutrition: –
“I. Implementation of Anganwadi Services
i. Recognise ICDS as an ESSENTIAL SERVICE
and reopen anganwadi centres
immediately to provide crucial growth
monitoring, immunization, cooked meal,
and nutritional counselling services,
with adequate safety protocols to
prevent COVID infection for anganwadi
workers, women and children.
ii. Ensure that sufficient quantity of dry
rations (food grains, eggs, milk
powder and medicines, etc.) and take-
home rations are made available to
children under three years, as well as
pregnant and lactating women.”
24. After issuing a guidance note on 11.11.2020,
several States have taken decision to open Anganwadi
Centres. The State of Meghalaya opened its Anganwadi
Centres w.e.f. 03.12.2020. The State of Punjab opened
its Anganwadi Centres w.e.f. 09.12.2020, the State of
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Rajasthan also opened its Anganwadi Centres w.e.f.
07.12.2020.
25. Even before the order dated 11.11.2020, the State
of Chhattisgarh had opened 12,593 Anganwadi Centres in
the State w.e.f. September, 2020. It is relevant to
notice the affidavit filed on behalf of the State of
Arunachal Pradesh. The State of Arunachal Pradesh
issued an order dated 18.06.2020 titled “Strategy for
opening of Anganwadi Centres” and under the aforesaid
strategies, Anganwadi Centres were to be reopened in
two phases, first Phase-I from 15.07.2020 and phase-II
from 01.08.2020. Standard Operating Procedure dated
18.06.2020 was issued by the Government of Arunachal
Pradesh, Ministry of Women and Child Development
department.
26. On the other hand, there are few States who have
taken decision not to reopen Anganwadi Centres. We may
notice the counter affidavit filed on behalf of the
State of Assam. In the affidavit, it has been stated
that Anganwadi Centres will be open as and when the
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permission will be accorded by the Central Government
in this regard. The State of Assam is under the
impression that the order issued by the Ministry of
Home Affairs dated 25.11.2020, provides for not opening
of the Centres. The order dated 25.11.2020 of
Government of India, Ministry of Home Affairs, filed
as Annexure-R1. Paragraph 16 which contains the heading
“protection of Vulnerable persons” is as follows: –
“16. Persons above 65 years of age,
persons with co-morbidities, pregnant women,
and children below the age of 10 years are
advised to stay at home, except for
essential and health purposes.”
27. The paragraph 16 as noted above does not in any
manner create any prohibition in opening of Anganwadi
Centres. The above guidelines have been issued keeping
in view the protection of vulnerable persons and which
requires pregnant women, children below the age of 10
years to stay at home except for essential and health
purposes. Services which are being provided by
Anganwadi Centres are essential services.
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28. We have already noticed the guidance note dated
11.11.2020 issued by Government of India which permits
reopening of Anganwadi Centres with consultation of
States/Union Territories. State of Assam was thus fully
empowered to take the decision regarding reopening of
Anganwadi Centres and its stand taken in paragraph 7
to the following effect- “All Anganwadi Centres will
be opened as and when the permission is accorded by the
Central Government in this regard” is not correct. The
State could have very well taken a decision for
reopening the Anganwadi Centres in view of the guidance
note issued by the Government of India dated
11.11.2020.
29. The State of Maharashtra in its affidavit has
stated that the Disaster Management department has
restricted the reopening of Anganwadi Centres till the
control of Covid-19 pandemic in the State and has
approved the continuation of arrangement of supplies
of Take Home Rations at the doorsteps of the
beneficiaries. Some of the States have also in their
affidavits stated that Anganwadi Centres be closed till
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particular date like State of Tripura states that
Anganwadi Centres are to be closed till 31.12.2020,
State of Mizoram states that Anganwadi Centres be
closed till 10.01.2021. Some of the States/Union
Territories have stated that the approval from the
States/Union Territories are awaited for reopening of
Anganwadi Centres.
30. All the States/Union Territories in their
affidavits have given details of providing Take Home
Rations(THR) as per guidelines and requirement
contained in Act, 2013. Different cereals and other
items have been referred to in the affidavits filed by
the States/Union Territories which according to them
complies with nutrition standards. Most of the
States/Union Territories have mentioned cereals as Take
Home Ration for the beneficiaries from 3 to 6 years of
age. The State of Maharashtra claim to supply
Wheat/Rice-62 grams, Masoor Dal-28 grams, Chana-30
grams, Mirchi Powder-4 grams, Turmeric Powder-4 grams,
Salt-8 grams, Soybean Oil-10 gram per day per
beneficiary.
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31. The State of Bihar for a few months has not supplied
Take Home Rations rather it has directed for crediting
the amount equivalent to Take Home Ration to the Bank
Account of the beneficiaries or their parents. The
State of Bihar, however, has started distributing
cereals as Home Take Rations by orders issued by the
State of Bihar in April, 2020. The State of Gujarat in
its affidavit has stated that it is providing to
Children (below 6 years of Age), 8 packets of Balshakti
(500gm Packets) Take Home Ration per month to match up
nutritional requirements. Take Home Ration is being
distributed through the medium of Gujarat Cooperative
Milk Marketing Federation. It further states that since
June 2020, the ready to eat nutritional traditional
sweet (Sukhadi) 1-Kilogram per week in lieu of hot
cooked meals is provided to 3 to 6 years’ children. We
are of the view that the State ought to have included
certain cereals in Take Home Ration instead of
providing only ‘Balshakti’ and ‘Sukhadi’. The
nutritional standard as provided in Schedule II of Act,
2013, has to be met by all States and Union Territories.
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32. There is no doubt that the Central Government as
well as all the States and Union Territories have
issued necessary guidelines for implementing statutory
requirements of Act, 2013 and for meeting the
nutritional standards. The big question however is as
to what extent the implementation is on the ground and
the benefits are extended to beneficiaries as required
by the Statute. The beneficiaries which belong to
vulnerable class are not equipped with suitable
mechanisms to raise issues of non-implementation and
not providing food articles complying with nutritional
standards as provided in the Statute.
33. It is the obligation of the State to ensure that
pregnant women, lactating mothers and children in the
age of 3 to 6 years and children who suffer from
malnutrition are provided their dues. The State has to
provide an appropriate mechanism for supervision and
check, child development officers and other district
level officers who are entrusted to monitor the
functioning of Anganwadi Centres have to be extra
28
vigilant and take steps so that no beneficiary is
denied its dues. All States/Union Territories should
evolve an appropriate mechanism for supervision so that
dues are received by beneficiaries for whom schemes are
in place. It is for the State to secure health to its
citizens as its primary duty. No doubt, the Government
is rendering this obligation through various schemes,
such as, opening of Aanganwadis, providing nutritious
food through Aanganwadis, Mid-day Meal Scheme, etc.,
but in order to make it meaningful, it has to be within
the reach of its people, as far as possible, and the
Government must supply the nutritious food in the real
sense bearing in mind the provisions of National Food
Security Act.
34. The Government of India by its guidance note
permitted all the States and Union Territories to open
Anganwadi Centres, it is the obligation of the
States/Union Territories to take decision for opening
of Anganwadi Centres. As noted above, several
States/Union Territories have already started running
their Anganwadi Centres which is a positive step
29
towards achievement of the goal for which Anganwadi
Centres were envisaged. We are of the view that unless
there are any specific reasons for not opening of
Anganwadi Centres, all Anganwadi Centres beyond the
containment zones should be made functional by all the
States/Union Territories at an early date. All States
may review the situation and take positive decisions
on or before 31.01.2021 and unless there are specific
decisions taken by the State Disaster Management
Authority of a particular State, Anganwadi Centres be
opened on or before 31.01.2021.
35. In view of the above discussions, we allow this
writ petition with following directions: –
I) As per guidance note dated 11.11.2020 issued
by Government of India, Ministry of Women and
Child Development, all States/Union
Territories who have not yet opened Anganwadi
Centres shall take a decision to open
Anganwadi Centres on or before 31.01.2021
situated outside the containment zone.
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II) The decision for not opening Anganwadi
Centres in any State/Union Territories or any
part of State/Union Territory shall be taken
only after the State Disaster Management
Authority of the State direct for not opening
of Anganwadi Centres in State/particular area
of the State situated outside containment
zone.
III) Anganwadi Centres situated in the containment
zone shall not be opened till the containment
continues.
IV) All States/Union Territories shall ensure
that nutritional standards as provided in
Schedule II of National Food Security Act,
2013, reproduced herein above in para 13 is
fulfilled by providing nutritional support to
pregnant women, lactating mothers, nutritional
support to children who suffer from
malnutrition.
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V) All the States/Union Territories shall issue
necessary orders regarding monitoring and
supervision of Anganwadi Centres to ensure
that the benefit reaches to the beneficiaries
and a Complaint Redressal Mechanism be put in
place in each district.
36. The parties shall bear their own costs.
………………….J.
( ASHOK BHUSHAN )
………………….J.
( R. SUBHASH REDDY )
………………….J.
( M.R. SHAH )
New Delhi,
January 13, 2021.
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