Delhi High Court
Matri Sudha A Charitable Trust vs Govt Of Nct Of Delhi on 6 December, 2019
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8742/2016
MATRI SUDHA A CHARITABLE TRUST ..... Petitioner
Through: Mr. Setu Niket, Adv.
versus
GOVT OF NCT OF DELHI ..... Respondent
Through: Mr. Devesh Singh, ASC(Civil)-
GNCTD with Mr. Rahul Adhana, Adv.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 06.12.2019
W.P.(C) 8742/2016
1. This writ petition has been preferred with the following prayers:
"A. Issue appropriate writ, order or direction in the
nature of mandamus & for implementation of the
National Food Security Act, 2013 and Constitution of
State Food Commission in NCT of Delhi at the
earliest.
B. Issue necessary directions to Government of NCT of
Delhi for Development of State Plan of Action and
State Nutrition Mission in the interest of the best
health of women and children and to safeguard food
security rights of children and others in Delhi
C. Issue necessary directions to bring on record the
actual status of malnourished Children within the age
group of 0 - 18 years in Delhi and the State Plan to
combat the situation
D. Issue necessary directions to bring on record the
measures taken by their line departments, Department
of Women and Child and Department of Education to
manage malnutrition and monitor the Contractors who
supply sub-standard food.
E. Issue any other direction, order, guideline as it may
deem fit in the interest of justice by this Hon'ble
Court."
2. Having heard the learned counsel for both the sides and looking
to the facts and circumstances of the case, it appears that this petition
has been mainly preferred for implementation of the provisions of
National Food Security Act, 2013 by constituting the State Food
Commission in National Capital Territory of Delhi at the earliest to
prevent malnutrition in children of Delhi and for monitoring the
contractors of Department of Women & Child Development and
Department of Education, both falling within the Government of NCT
of Delhi who are allegedly responsible for supplying sub-standard
food to Anganwadi Centres and Government's schools in NCT of
Delhi.
3. It appears that another similarly situated writ petition being
W.P.(C) 4428/2016 has been disposed of by this Court vide order
dated 6th December, 2019 and in the detailed counter affidavit filed by
the Government of National Capital Territory of Delhi therein shows
various steps taken by the respondents for the effective
implementation of the National Food Security Act, 2013. Relevant
part of the order in that writ petition is as under :
"3. It appears from the facts of the case that detailed
counter affidavit dated 17th October, 2016 has been filed
by the respondent no.2 wherein it is stated that a
notification dated 23rd August, 2013 has already been
published.
4. It further appears from the facts of the case that the
respondent no.2 has designated Public Grievance
Commission as State Food Commission for the National
Capital Territory of Delhi under Section 16 of the Act,
2013. Similarly, District Grievance Redressal Officer is
also empowered for the proper and effective
implementation of the provisions of the Act, 2013.
5. It is also clear from the counter affidavit filed by the
respondent no.2 that the National Food Security Act, 2013
is brought into effect from 10th September, 2013, and the
respondents have taken immediate steps for the proper and
effective implementation of the Act, 2013. For the ready
reference, paragraph 10 of the counter affidavit filed by
the respondent no.2 reads as under :
"10. The contention that State Food Corporation has
not been constituted is incorrect and denied. It is
submitted that by notification bearing number F.No.3
(40)/2013/F&S/P&C/1234-1245 dated 23rd August,
2013, the Answering Respondent designated the Public
Grievances Commission as the State Food Commission
for the NCTD. It is submitted further that by
notification bearing number
F.No.3(40)/2013/F&S/P&C/1246-59 dated 23rd
August, 2013, the Answering Respondent designated
the Additional District Magistrate of the Revenue
district as the District Grievance Redressal Officer for
the district concerned of NCTD. A true copy of the
notification bearing number
F.No.3(40)/2013/F&S/P&C/1234-1245 dated 23rd
August, 2013 is annexed herewith and marked as
Annexure R2/3. A true copy of the notification bearing
number F.No.3(40)/2013/F&S/P&C/1246-1259 dated
23rd August, 2013 is annexed herewith and marked as
Annexure R2/4."
6. It further appears from the facts of the case that by the
Public Distribution System, foodgrains and other articles
have been distributed and the cautious mechanism of
distribution is still going on for the effective
implementation of the Act, 2013. Further, foodgrains
amounting to 5 kg per person, per month is being
distributed in accordance with the provisions of the Act of
2013.
7. Paragraph 11 of the counter affidavit filed by the
respondent no.2 reads as under :
"11. The contention that Vigilance Committees have
not been constituted is incorrect and denied. It is
submitted that by order bearing number
F.3(47)/2013/F&S/P&C/121-131 dated 3rd February,
the Answering Respondent constituted the Block/Circle
Level Vigilance Committee for the NCTD. Further, by
order bearing number F.3(47)/2013/F86/P&C/132-
143 dated 3rd February, 2014, the Answering
Respondent constituted the District Level Vigilance
Committee for the NCTD. Additionally, It by order
bearing number F.3(47)/2013/F86/P&C/144-157
dated 4th February, 2014, the Answering Respondent
constituted the State Level Vigilance Committee for the
NCTD. A true copy of the order bearing number
F.3(47)/2013/F86/P&C/121-131 dated 3rd February,
2014 is annexed herewith and marked as Annexure
R2/5. A true copy of the order bearing number
F.3(47)/2013/F86/P&C/132-143 dated 3rd February,
2014 is annexed herewith and marked as Annexure
R2/6. A true copy of the order bearing number
F.3(47)/2013/F&S/P&C/144-157 dated 4th February,
2014 is annexed herewith and marked as Annexure
R2/7. State level & District level vigilance committees
are yet to be formed."
8. In view of the aforesaid submissions and the factual
averments made in the counter affidavit filed by the
respondent no.2, it appears that for the effective
implementation of the Act, 2013, Vigilance Committees
have already been constituted at Block Circle level as well
as at District level. Necessary annexures have also been
annexed which reveals the constitution of such Vigilance
Committees.
9. Further, looking to the order dated 3rd February, 2014
(Annexure R-2/5 of the counter affidavit) passed by the
respondent no. 2, the respondent has taken enough and
adequate steps for the proper implementation of the Act,
2013.
10.Paragraph 5 of the counter affidavit filed by the
respondent no.2 reads as under :
"5. It is submitted that Anganwadis as required under
Sections 4 and 5 of the Act are already set up by the
Answering Respondent under the Integrated Child
Development Scheme "ICDS"), and the same are
discharging the requirements under Sections 4 and 5
of the Act as well, and the contention to the contrary in
the Petition is incorrect and denied."
11.In view of the aforesaid facts, Anganwadi Centers as
required under Section 5 to be read with Section 6 of the
Act, 2013, have already been set up by the respondents."
12. Thus, in view of the aforesaid facts, The State Food
Commission has been appointed in National Capital Territory of Delhi
and such other authorities have also been constituted by the
respondents as per the provisions of the National Food Security Act,
2013 for effective implementation thereof. Moreover, looking to the
counter affidavit filed by the Department of Food, Supply and
Consumer Affairs, GNCTD, it has been established by the respondents
that adequate number of fair price shops for proper distribution of
food-grains have been set-up. Furthermore, necessary guidelines have
also been issued as stated in the counter affidavit, and houses which
requires the food-grains have been identified. For ready reference,
order dated 9th July, 2013 (Annexure SA-1) passed by the respondents
reads as under :
"ORDER
For smooth and speedy implementation of National
Food Security ordinance in Delhi, a Task Force is
constituted with immediate effect with the following
composition :-
1. Minister of Food & Supplies : Chairperson
2. Sh. Sandeep Dikshit, MP : Member
3. Sh. Mahabal Mishra, MP : Member
4. Sh. Subhash Chopra, MLA : Member
5. Sh. Kanwar Karan Singh, MLA : Member
6. Ch. Mateen Ahmed, MLA : Member
7. Pr. Secretary, Finance/Planning: Member
8. Secretary, Education : Member
9. Secretary, Health & F.W. : Member
10.Secretary, Women & Child Dev.: Member
11.Commissioner-cum-Secy,F&S: Member Secy.
The terms of reference for the task force will be as
under:
1.Completion of all preparatory work related to
implementation of Food Security Law
2. Identification of households to be covered
3. Finalization of rules to be framed by State
Government in respect of certain provisions listed
under Sec. 48 of the Act.
4. Reforms to be undertaken in the Targeted Public
Distribution System including transparency,
application of Information Technology, leveraging
Aadhaar, Diversification of commodities to be
distributed under PDS and other reforms envisaged
under the Act.
5.Setting up of effective Grievance Redressal
Mechanism as envisaged under the Act.
6.Inter-departmental co-ordination for implementation
of provisions of the Act.
7. Any other issue needing attention for successful
implementation of the Act.
This issues with the approval of the competent
authority."
13. In view of the facts and terms of reference as stated
hereinabove, a multi-member special task force has been constituted
by the respondent for smooth and speedy implementation of National
Food Security ordinance in Delhi and the field in which they have to
work has been specified.
14. It appears from the annexures (SA-III that is the cabinet
decision of Government of NCT of Delhi dated 25th July, 2013)
annexed with the aforesaid counter affidavit, that detailed guidelines
including guidelines for identification of the houses which require
food-grains have been prescribed.
15. Moreover, looking to the counter affidavit filed by the
Department of Women and Child of the respondents, Anganwadi
Centres have already been constituted and established by the
respondents for providing free of charge meals to children, who suffer
from malnutrition in order to meet the nutritional standards specified
under Schedule II of National Food Security Act, 2013. Moreover as
per Pradhan Mantri Maitreyi Vandana Yojana which has been made
effective from 1st January, 2017, there are several benefits given to
pregnant women and the lactating mothers. The said benefits are
mentioned at page 212 of the paper book which read as under :
"Brief note on PMMW (Pradhan Mantri Matru
Vandana Yojana)
The Ministry of Women and Child Development,
Govt. of India formulated a Conditional Maternity Benefit
(CMB) Scheme namely Indira Gandhi Matritva Sahyog
Yojana (IGMSY) in 2010, which was being implemented
in 53 pilot district under which two districts of Delhi i.e.
North-West and Westwere implementing the IGMSY
scheme.
Now, with effect from 01.01.2017, under Pan-India
implementation, the Maternity Benefit Programme is
being implemented in all Districts of Country in
accordance with provision of the National Food Security
Act, 2013. The programme is named as Pradhan Mantri
Matru Vandana Yojana (PMMVY). Under PMMVY, a
cash incentive of · 5000/- is being provided directly in the
account of Pregnant Women and Lactating Mothers
(PW&LM) for first living child of the family subject to
their fulfilling specific conditions relating to maternal
and Child Health.
Objectives of PMMVY:
I. Providing partial compensation for the wage loss in
terms of cash incentives so that the woman can take
adequate rest before and after delivery of the first living
child. ·
II. The cash incentive provided would lead to improved
health seeking behaviour amongst the Pregnant Women
and Lactating Mothers (PW&LM).
Target beneficiaries:
I. All Pregnant Women and Lactating Mothers, excluding
Pregnant Women & Lactating Mother who are in regular
employment with the Central Government or the State
Governments or PSUs or those who are in receipt of
similar benefits under any law for the time being in force.
II. All eligible Pregnant Women and Lactating Mothers
who have their pregnancy on or after 01.01.2017 for first
child in family.
The date and stage of pregnancy for a beneficiary would
be counted with respect to her LMP date as mentioned
in the MCP (Mother Child Protection) card.
Conditionalities and Instalments
PW&LM shall receive a cash benefit of Rs. 5000/- in
three instalments at the following stages as
specified in the table given below:
Conditionalities and Instalments
Instalment Conditions Amount
First Early Registration Rs. 1,000/-
Instalment of pregnancy
Second Received at least Rs. 2,000/-
Instalment one ANC Rs. 2,000/-
(can be claimed
after 6 months of
pregnancy)
Third i. Child Birth is Rs. 2,000/-
Instalment registered
ii. Child has
received first cycle
of
BCG, OPV,DPT
and Hepatitis-B or
its
equivalent/substitute
Benefits under PMMW:
Cash incentives in three instalments i.e. first instalment
of Rs. 1000/- on early registration of pregnancy at the
Anganwadi Centre (AWC) with all relevant documents
such as Aadhaar card of the beneficiary including
husband's Aadhaar card /Alternate IDs alongwith
Aadhaar seeded bank Account of the beneficiary,
MCP(Mother Child Protection) card and other similar
documents of pregnancy/ approved Health facility as may
be identified by the respective administering State/ UT,
second instalment of Rs. 2000/- after six months of
pregnancy on receiving at least one ante-natal check-up
(ANC) and third instalment of Rs. 2000/- after child birth
is registered and the child has received the first cycle of
BCG, OPV, OPT and Hepatitis-B. or its equivalent/
substitute."
16. Paragraph 11A of the aforesaid affidavit dated 12th April, 2019
filed by the Department of Women and Child Department, which
reads as under :
"11(A). In reply to the contents of corresponding
paragraph 11(A) of the instant Petition, it is humbly and
most respectfully submitted that the contents thereof are
wrong and denied. It is submitted that the food supplied
to Anganwadi centers of Delhi are as per the nutritional
standards specified in Schedule II of the Act. The present
menu with required Calories and Proteins is as under :-
S.No. Age group/category Name of SNP and Required calorie
of beneficiaries Quantity to be given per and protein
day per beneficiary content
1. 06 month - 01 year Weaning food 500 calories and
children (Panjiri)-140 gm 12-15 grams of
protein
2. 01 year - 03 year Hot cooked Meal-270 500 calories and
children grams along with 12-15 grams of
Snacks-50 gm protein
3. 03 year - 06 year Hot cooked Meal-270 500 calories and
children grams along with 12-15 grams of
Snacks-50 gm protein
4. Pregnant & Nursing Hot cooked Meal-350 600 calories and
mother grams along with 18-20 grams of
Snacks-75 gm protein
5. Severely Hot cooked Meal-400 800 calories and
Malnourished grams along with 20-25 grams of
children (1-3 year) Panjiri-150 gm protein
6. Severely Hot cooked Meal-400 800 calories and
Malnourished grams along with 20-25 grams of
children (3-6 year) Snacks-150 gm protein
In view of the aforesaid facts, it is evident that there is sufficient
supply of quality and nutritious food in Anganwadi Centres.
17. Thus, in light of the above steps taken by the respondents, for
the effective implementation of the National Food Security Act, 2013,
we see no reason to further monitor this case. Nonetheless, we direct
the respondents that the steps which are already taken for the
constitution of the State Food Commission, Public Grievance
Commission, District Grievance Redressal Officers, Vigilance
Committees at Block level and District level and Anganwadi Centres
shall be maintained and continue to operate by the respondents for the
effective implementation of the Act, 2013. It is also submitted by
counsel for the petitioner that despite the Act being of the year 2013
till today, the rules for effective implementation of the Act are not
enacted. Thus, we expect from the respondents that instead of
implementing the provisions of the Act, 2013, by executive orders, the
better proposition is that execution of the Act and the governance
should be done as far as possible by making appropriate rules so that
there is no discretion left with the executives. Moreover, proper
guidelines etc. can be incorporated in the rules so that the provisions
of the Act, 2013, can be implemented without any discrimination.
18. With these observations, this writ petition is hereby disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J
DECEMBER 06, 2019/kr
