Supreme Court: The fundamental Right to life enshrined in Article 21 of the Constitution does include right to food and other basic necessities.

It is significant to note that though the Constitution of India does not explicitly provide for Right to food, the fundamental Right to life enshrined in Article 21 of the Constitution does include Right to live with human dignity and right to food and other basic necessities. The Article 47 of the Constitution also provides that the State shall regard the raising of level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. {Para 5}

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO.1103 OF 2019

ANUN DHAWAN & ORS. Vs UNION OF INDIA & ORS.

Author: BELA M. TRIVEDI, J.

Dated: FEBRUARY 22nd, 2024.

Citation: 2024 INSC 136.

1. The petitioners claiming to be the social activists have filed the present

petition under Article 32 of the Constitution of India seeking various

directions against the States and Union Territories to formulate a

scheme to implement the concept of Community Kitchens to combat

hunger, malnutrition and starvation and the deaths resulting thereof.

The petitioners have also sought direction against the National Legal

Services Authority to formulate a scheme in order to further the

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provisions of Article 50(1)A of the Constitution, as also against the

Central Government to create a National Food Grid beyond the scope

of the Public Distribution Scheme.

2. This Court vide the order dated 27.10.2021 had directed the Union of

India to interact with the concerned stakeholders for consideration of the

Community Kitchens Scheme or any other similar schemes relating to

Community Kitchens which are already in operation in different states.

Subsequently also various orders were passed by the Court directing

the States to attend the meetings managed by the Union of India for

exploring the possibility of framing up of the Community Kitchens

Scheme.

3. The States/Union Territories have filed their counter affidavits/

responses stating in detail about the schemes adopted and enforced in

their respective states like Poshan Abhiyan, Take Home Ration,

Pradhan Mantri Garib Kalyan Anna Yojana, Mid-Day Meal, Open Market

Sales Scheme, One Nation One Ration Card Scheme, Annapurna

Scheme, Antyodaya Anna Yojana etc. also stating that some of the

schemes are monitored by the Integrated Child Development Services

and Integrated Tribal Development Program. The States in their

respective affidavits had also stated that there were no deaths reported

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due to starvation or malnutrition. The Union of India has also submitted

that the Government is committed to focus on combating hunger and

malnutrition by implementing various schemes through the State

Governments to enhance the food security. As per the submission, the

Pradhan Mantri Garib Kalyan Anna Yojana was launched to address

economic disruptions and is extended to free grain provision to

Antyodaya Anna Yojana and Priority Households to alleviate poverty

burdens; Atma Nirbhar Bharat Package allocated additional food grain

for migrants during the Covid-19 crisis; Pradhan Mantri Poshan Shakti

Nirman Scheme aims to improve nutrition among school students and

accordingly allocates food grains; Scheme for Adolescent Girls focuses

to improve the health and nutrition of adolescent girls aged 11 to 18

years; Annapurna Scheme provides indigent senior citizens with free

food grains. The Advisories are being issued from time to time to include

millets and to widen nutritional standards to enhance nutrition levels

amongst the beneficiaries.

4. The learned counsels for the petitioners submitted that undoubtedly the

Union of India and the States have taken the steps to combat hunger,

malnutrition and starvation by implementing various Central and State

Government Schemes, however according to them even if the hunger,

4

malnutrition or starvation may not necessarily result in death, the Centre

and States have the constitutional duty to ensure basic sustainability of

human life. The learned ASG Mr. R. Bala submitted that this being not

an adversarial litigation, the details of schemes, programmes, policies

and other measures taken by the Central Government and the State

Governments have been submitted to satisfy the conscience of the court

that they have successfully implemented the schemes for protecting the

fundamental rights of the citizens. He also submitted that there is no

further need for continued monitoring by this Court.

5. It is significant to note that though the Constitution of India does not explicitly provide for Right to food, the fundamental Right to life

enshrined in Article 21 of the Constitution does include Right to live with human dignity and right to food and other basic necessities. The Article 47 of the Constitution also provides that the State shall regard the raising of level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties.

6. Keeping in view the goal of eradicating extreme poverty and hunger as

one of the goals of United Nations, and keeping in view the constitutional

guarantees for ensuring food security of the people as also for improving

the nutritional status of the population, especially of women and

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children, the Parliament has enacted the National Food Security Act,

2013 (for short NFSA). The object of the said Act is to provide for food

and nutritional security in human life cycle approach, by ensuring access

to adequate quantity of quality food at affordable prices to people to live

a life with dignity and for matters connected therewith or incidental

thereto. With the enactment of the NFSA there was a paradigm shift in

the approach to food security from “welfare to rights based approach.”

The said Act has been implemented in all States/ UTs. One of the

guiding principles of the Act is its “life cycle approach, wherein special

provisions have been made for pregnant women and lactating mothers

and children in the age group of 6 months to 14 years, by entitling them

to receive nutritious meals free of cost, through a widespread network

of Integrated Child Development Services (ICDS) centers, called

Anganwadi centers under the ICDS schemes, and also through the

schools under Mid-day Meal (MDM) scheme”. Higher nutritional norms

have also been prescribed for malnourished children. Pregnant women

and lactating mothers are entitled to receive cash maternity benefit to

partly compensate them for the wage loss during the period of

pregnancy and to supplement nutrition. The Central Government after

consultation with the State Governments, has also framed the Rules

6

called Cash Transfer of Food Subsidy Rules 2015, in exercise of the

powers conferred by clause (d) of sub section 2 of Section 39 read with

clause (h) of sub section 2 of Section 12 of the NFSA. Under the said

Rules, the State Governments have been enabled to implement the

scheme with the approval of the Central Government to provide food

subsidy in cash directly into the bank accounts of entitled households to

purchase the entitled quantity of food grains from the open market.

Significantly, Chapter VI under the Head “Women Empowerment” has

been incorporated which provides that the eldest woman who is not less

than 18 years of age in every eligible household, shall be head of the

household for the purpose of issue of ration cards. The Grievance

Redressal Mechanism at the District and the State level has also been

provided for expeditious and effective redressal of grievances of the

aggrieved persons in the matters relating to distribution of entitled food

grains or meals under Chapter II and to enforce entitlements under the

Act.

7. Thus, there being a systematic legal framework provided under the

NFSA for the implementation of the schemes and programmes like

Targeted Public Distribution System, Mid-day Meal Scheme, Integrated

Child Development Services and Maternity Cash Entitlement along with

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a Monitoring Mechanism and a Grievance Redressal Mechanism, and

the States/UTs having also implemented various other schemes and

programmes under the said Act, we do not propose to direct the

States/UTs to implement the concept of Community Kitchens as prayed

for by the petitioners in the instant petition.

8. It is well settled that the scope of judicial review in examining the policy

matters is very limited. The Courts do not and cannot examine the

correctness, suitability or appropriateness of a policy, nor are the courts

advisors to the executive on the matters of policy which the executive is

entitled to formulate. The Courts cannot direct the States to implement

a particular policy or scheme on the ground that a better, fairer or wiser

alternative is available. Legality of the policy, and not the wisdom or

soundness of the policy, would be the subject of judicial review.1

9. As elaborated earlier, when the NFSA with a ‘right based approach’ for

providing food and nutritional security, is in force and when other welfare

schemes under the said Act have also been framed and implemented

by the Union of India and the States, to ensure access to adequate

quantity of quality food at affordable prices to people to live a life with

1 Directorate of Film Festivals and Others vs. Gaurav Ashwin Jain and Others, (2007) 4

SCC 737

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dignity, we do not propose to give any further direction in that regard.

We have not examined whether the concept of Community Kitchens is

a better or wiser alternative available to the States to achieve the object

of NFSA, rather we would prefer to leave it open to the States/UTs to

explore such alternative welfare schemes as may be permissible under

the NFSA.

10. Subject to the afore stated observations, the Writ Petition is disposed of.

…………………………. J.

[BELA M. TRIVEDI]

…………………………. J.

[PANKAJ MITHAL]

NEW DELHI,

FEBRUARY 22nd, 2024

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