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Smart Summary

Legal Case Summary

Factual and Procedural Background

The court examined extensive documentary material, including Report No. 1 of 2000 of the Comptroller and Auditor General (CAG) and a February 2001 Planning Commission working paper reviewing progress of the Integrated Child Development Scheme (ICDS) during the Ninth Plan. ICDS—described as the world’s largest food-supplementation programme—was launched in 1975 to improve the health, nutrition, and early development of children aged 0-6 years, as well as pregnant and lactating women. Despite its expansive mandate, the documents revealed significant gaps in coverage and implementation. Acting on a petition alleging inadequate outreach, the court issued the present interim order directing governmental action and calling for status reports.

Legal Issues Presented

  1. Whether the Government of India is obliged to expand the number of Anganwadi Centres (AWCs) to meet the population-based norms—approximately 14 lakh centres—so that all habitations are covered.
  2. Whether the 1991 financial norm of providing nutrition worth one rupee per child per day should be revised to reflect current requirements.
  3. Whether sanctioned AWCs must be made fully operational and mandated to supply nutritional supplements for at least 300 days each year to children, adolescent girls, and pregnant or lactating women.
  4. Whether State Chief Secretaries should submit detailed compliance reports specifying the extent and frequency of nutritional support provided during the 1 April 2003–31 March 2004 period.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

After reviewing the CAG report and Planning Commission data, the court found a substantial shortfall between the intended and actual reach of ICDS. It noted:

  • The Government’s own norm of one AWC per 1,000 population (700 in tribal areas) would require roughly 14 lakh centres, while only about 6 lakh currently exist.
  • The per-child nutrition allocation fixed in 1991 is outdated and warrants reconsideration.

To remedy these deficiencies, the court exercised its supervisory jurisdiction, issuing specific timelines and directives aimed at ensuring that nutritional support reaches the intended beneficiaries. The order also underscores accountability by requiring affidavits and status reports from both the Union Government and State Chief Secretaries.

Holding and Implications

INTERIM DIRECTIONS ISSUED; MATTER ADJOURNED

The court directed the Union Government to file, within three months, an affidavit detailing:

  • The schedule for increasing AWCs to cover approximately 14 lakh habitations, and
  • Its proposal for revising the one-rupee nutrition norm.

Additionally, the court ordered that all sanctioned AWCs be made fully operational by 30 June 2004 and required them to provide nutritional supplements for 300 days each year. State Chief Secretaries must submit compliance reports by 31 July 2004, after which the matter will be listed in August 2004, with issues concerning the Below-Poverty-Line Scheme to be addressed then. The order expressly states that the case is not to be treated as part-heard. The implications are immediate and administrative: governmental agencies must act promptly to expand coverage and improve nutrition delivery; no new legal precedent is articulated beyond these compliance directives.

    People'S Union For Civil Liberties v. Union Of India And Others

    Order

    1. With the assistance of learned counsel, we have perused various documents including Report No. 1 of 2000 prepared by CAG and a working paper on Health, Nutrition and Family Welfare Programme Review of Progress during the Ninth Plan period by the Planning Commission, Government of India (February 2001). It is evident that the Integrated Child Development Scheme (ICDS) is perhaps the largest of all the food supplementation programmes in the world, was initiated in the year 1975 with the following objectives as per the aforesaid document prepared by the Planning Commission:

    (i) To improve the health and nutrition status of children of 0-6 years by providing supplementary food and by coordinating with State Health Departments to ensure delivery of required health inputs.
    (ii) To provide conditions necessary for pre-school children's psychological and social development through early stimulation and education.
    (iii) To provide pregnant and lactating women with food supplements.
    (iv) To enhance the mother's ability to provide proper child care through health and nutrition education.
    (v) To achieve effective coordination of policy and implementation among the various departments to promote child development.

    2. From the facts and figures given in the documents it appears that despite the fact that for the development of children, in particular, malnourished and undernourished children, the Scheme is elaborate and intends to cover all the children under the age group of 0-6 years but it appears that a lot more deserves to be done in this field to ensure that nutritious food reaches to those who are undernourished or malnourished or others covered under the Scheme.

    3. The food is supplied to children through Anganwadi Centres (AWCS). In all, there are 6 lakh centres. The norms of the Government of India provide for one centre for the population of 1000 (700 in case of tribal area). According to the petitioner, going by the said norms there should be 14 lakh AWCS. It appears that according to the calculation of the Government of India AWCS would be 12 lakhs. We direct the Government of India to file within 3 months an affidavit stating the period within which it proposes to increase the number of AWCS so as to cover the 14 lakh habitations. We notice that the norm for supply of nutritious food worth rupee one for every child was fixed in the year 1991. The Government of India should consider the revision of the norm of rupee one and incorporate their suggestion in the affidavit.

    4. In respect of sanctioned AWCS, we direct that the same shall be made fully operational by 30-6-2004. We further direct that the sanctioned AWCS shall supply nutritious food/supplement to the children, adolescent girls and to pregnant and lactating women under the Scheme for 300 days in a year.

    5. We direct the Chief Secretaries to file reports showing that for the period from 1-4-2003 till 31-3-2004 from the sanctioned AWCS how many children, adolescent girls and pregnant and lactating women were supplied nutritious food/supplement and for how many days during the said period. The report shall be filed by 31-7-2004. List the matter in the month of August 2004.

    6. The question regarding Below-Poverty-Line Scheme will also be taken up on that day instead of July 2004.

    7. Not to be treated as part-heard.

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    Comments

    People'S Union For Civil Liberties v. Union Of India And Others
    (Apr 29, 2004)