Directing the State Government to implement the Integrated Child Development Services Scheme (ICDS Scheme) to the earliest possible, the Karnataka High Court observed that stagnation of this scheme has violated fundamental right to nutritious food of 50 lakhs beneficiaries in Karnataka, particularly of pregnant women, lactating mothers and children, stand violated.
The division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar in view of the above quashed two orders passed by the state government by which the government had withdrawn the circular and notification concerning supply of good quality of food items to the beneficiaries under the ICDS scheme by maintaining the prescribed nutritional standards.
The Apex Court had earlier issued detailed guidelines regarding implementation of the ICDS scheme; amongst other things, the Central and State Government were directed not to use contractors and preferably implement the scheme making use of village communities, self help groups and Mahila Mandals. Pursuant to the directions and guidelines issued by the Apex Court, Mahila Supplementary Production Training Centres were established by the State Government for implementation of the scheme.
The withdrawn circular and notification had mandated that Mahila Supplementary Nutrition Production Training Centres, which were tasked to supply prepare and supply nutritious food to AWCs, will have to secure the assistance of women's self-help groups that are certified or licenced by the Bureau of Indian Standards, for maintaining quality of nutritious food.
The Court after listening to both the parties and analysing facts of the situation observed that the impugned orders are illegal, arbitrary and vitiated and the same deserve to be quashed. It added that the same are completely unreasoned, non-speaking, cryptic, laconic and arbitrary orders which have been passed unconditionally and unilaterally without assigning any reasons and without any application of mind, thereby being violative and contrary to the principles of natural justice.
"The material on record discloses that as per the ICDS scheme as well as the Central Government Norms dated 24.02.2009 and 2017 Rules and directions issued by the Apex Court pertaining to implementation of the scheme, the State government issued an order dated 24.02.2018 which was stayed by this Court. A perusal of the circular dated 02.07.2020 and Government order dated 05.05.2021 as well as the technical committee report dated 19.08.2021, the feasibility for the MSPTCs to tie up with BIS licenced / certified women self help groups such as the petitioners has been recognised, acknowledged and recommended by the State Government bearing in mind the objectives of the scheme, Apex Court directions and the relevant norms / rules."
The Court noted that the circulars issued in conformity and pursuant to the National Food Security Act r/w SNP Rules, 2017 as well as the directions issued by the Apex Court regarding implementation of the ICDS scheme which is meant for pregnant women, children, lactating mothers etc. and withdrawal of the said circular and Government order by passing the impugned orders will substantially delay the implementation of the ICDS scheme.
"It is also relevant to state that taking into account larger public interest involved in speedy implementation of the ICDS scheme, of which, pregnant women, children, lactating mothers etc., are the beneficiaries, it was absolutely essential that the circular dated 02.07.2020 and order dated 05.05.2021 are implemented and given effect to at the earliest without any delay and under these circumstances, issuance of the impugned orders seeking to withdraw the said circular and order will cause great prejudice and hardship to the beneficiaries of the ICDS scheme and consequently, the impugned orders deserve to be quashed on this ground also."
Mentioning Shayara Bano Vs. Union of India and others, 2017 Latest Caselaw 598 SC, Dipika Jagatram Sahan Vs. Union of India, 2021 Latest Caselaw 20 SC, the Court noted that the power of the State Government under Section 21 of the General Clauses Act is circumscribed, restricted and limited by the constitutional provisions, in particular, Articles 14 and 21 of the Constitution of India and therefore consequent upon issuance of the impugned orders deny more than 50 lakhs beneficiaries in Karnataka, the right to nutritious food, particularly to pregnant women, lactating mothers and children whose fundamental rights under Article 21 of the Constitution of India stands violated and on this score also, the impugned orders being arbitrary and capricious under Article 14 of the Constitution of India.
The Court accordingly directed the State Government to implement and give effect to the circular dated 02.07.2020 and Government order dated 05.05.2021 issued and passed by the State Government immediately without any further delay.
Along with a slew of other directions, the Court ordered:
"The State Government is also directed to take necessary steps to forthwith implement and give effect to the Integrated Child Development Services Scheme (ICDS Scheme) immediately without any further delay, bearing in mind the Central Government Norms dated 24.02.2009 and Rules dated 06.10.2017 and in the light of the report of the technical committee dated 19.08.2021 as well as all other applicable Government Rules, Regulations, Norms, Orders, Circulars etc., in this regard."
Case Title: SANGEETA GADAGIN vs THE STATE OF KARNATAKA
Case Details: WRIT PETITION NO.3522 OF 2022
Coram: Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar
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