Gauhati High Court: While addressing a PIL espousing the cause of lactating mothers and children, the Division Bench of Songkhupchung Serto and S. Hukato Swu, JJ., directed the Nagaland government to reopen Anganwadi centers to ensure availability of essential services to the people in need. The Bench remarked,
“It is a common knowledge that the poor have been hit the hardest during this pandemic and they are in need of every help that can be provided. Therefore, it should be the endeavour of everyone responsible to make such services (nutritional supplements) or benefits available at their door steps.”
The instant PIL had been filed under Article 226 of the Constitution, espousing the cause of lactating mothers and children who are deprived of the required nutrition for the up keep of their health due to economic conditions. It was submitted by the petitioner that the lactating mother and children who are from the economically lower strata have been deprived of their entitlements under the Food Security Act due to the closure of Anganwadi centres through which the required food or services were provided to them under the Food Security Act and other schemes of the central Government.
The petitioner further submitted that in view of the pandemic, this section of the society has even more need for nutrition supplement to build up their immune system against the covid-19 virus; therefore, the State Government should open the Anganwadi centres to ensure that required services are within reach of the people. While pointing out sections 4,5,6,7 and 8 of the Food Security Act which provides for such services to the citizens of the country as a matter of right, the petitioner also referred to the direction given by the Supreme Court in the case of Deepika Jagatram Sahani v. Union of India, (2021) 2 SCC 740, and also the letter of the Joint Secretary (ICDS), Government of India, Ministry of Women and Child development addressed to the Principal Secretaries/Secretaries dealing with Anganwadi service in all the States and Union Territories to utilize the service of Anganwadi workers to provide services at the door steps of the needy people during pandemic.
Noticing that information had been collected widely from all the districts of the State by the petitioner and as per such information Anganwadi centres had remained closed, depriving the people of services of which they are entitled to, the Bench stated that,
“Such service or needs which are most needed by the people in the economically disadvantaged section of our society should be provided at all cost as per the Food Security Act, the directions of the Hon’ble Supreme Court and the instructions given by the Union Government through the letter of the Joint Secretary, ICDS, Government of India, Ministry of Women and Child Development.”
Hence, the Bench directed the State of Nagaland, Department of Social Welfare and the Director of Food and Civil Supplies to provide such service or benefits to the people who are entitled to such benefits as per the Food Security Act and in accordance with the directions of the Supreme Court and the Union Government.[Mhasikhonu Phinyo v. Union of India, 2021 SCC OnLine Gau 1384, decided on 14-07-2021]
*Kamini Sharma, Editorial Assistant has reported this brief.
Appearance by:
Counsel for the Petitioner: Ms. Neiteo Koza
Counsel for State of Nagaland: Mr. V. Zhimomi
Counsel for Food and Civil Supplies: Ms. Apila
