Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Interest Litigation - Food security to persons affected by the drought - Drought or drought like conditions prevailing in some parts of the country |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Public Interest Litigation - Food security to persons affected by the drought - Drought or drought like conditions prevailing in some parts of the country - Monitoring and Implementation of the National Food Security Act - Need to ensure food security to the said persons - Non-implementation of the Act by some of the States - Held: No Mandamus can be issued to the State Governments to implement the NFS Act beyond what is required by the terms and provisions of the statute - This Court can direct the State to faithfully implement the provisions of the NFS Act - No direction can be issued to make available edible oils and dal/lentil to needy people - It is not the statutory or constitutional obligation 011 the State- Without edible oils and dalllentil the fundamental right of the people in drought affected areas guaranteed u/Art. 21 is not violated- Though Art. 47 which directs the State to raise the level of nutrition and the standard of living of the people, is not enforceable being a Directive Principle, there is considerable moral force and authority to persuade the State Governments and the Government of India to attempt at ensuring that the people in drought affected areas, are provided adequate food grains and a cooking medium - Mechanism for enforcing several provisions of the NFS Act has not been established or constituted - It is high time that machinery under NFS is put in place othenvise enactment of social legislation would have no meaning at all - In view thereof. issuance of directions by this Court for effective implementation of the statute - Each of the States to establish an internal grievance mechanism and appoint or designate for each district a District Grievance Redressal Officer - States to constitute a State Food Commission for the purpose of monitoring and reviewing the implementation of the NFS Act - States in which drought has been declared or might be declared in the future, all households to be provided with their monthly entitlementof food grains in terms of the NFS Act regardless of whether they B C D E fall in the category of priority household or not or they have a ration card or not - States of Bihar. Haryana and Uttar Pradesh to make adequate provision for the supply of eggs or milk or any other nutritional substitute for children under the Mid-Day Meal Scheme - Constitution of India - Arts. 32, 21, 47 - National Food Security Act, 2013 - ss. 2(14), JO, 14, 15, 16. National Food Security Act, 2013 - Implementation of- Held: Union of India usually brings into force a statute without putting in place the implementation machinery - Mechanism for enforcing several provisions of the NFS Act not established or constituted, which is totally strange - Delayed approach in execution enables some State Governments to take it easy and implement the law whenever it is co11ve11ient to do so. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2016 INSC 426 |
Petitioner | Swaraj Abhiyan - (ii) |
Respondent | Union Of India & Ors. |
SCR | [2016] 9 S.C.R. 295 |
Judgement Date | 2016-05-13 |
Case Number | 857 |
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