DIPIKA JAGATRAM SAHANI versus UNION OF INDIA AND ORS.

Citation: [2021] 1 S.C.R. 209 · Decided: 13-01-2021 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Case Allowed

Judgment (excerpt)

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DIPIKA JAGATRAM SAHANI
v.
UNION OF INDIA AND ORS.
(Writ Petition (Civil) No. 1039 of 2020)
JANUARY 13, 2021
[ASHOK BHUSHAN, R. SUBHASH REDDY AND
M. R. SHAH, JJ.]
Anganwadi Centres – Writ petition filed as a Public Interest
Litigation questioning the closure of Anganwari centres across the
country – Petitioner stated that through Anganwari Centres
supplementary nutrition to pregnant women, lactating mothers,
adolescent girls and children upto the age of six years were being
provided and prayed for direction to Centre and States for reopening
all the Anganwadi Centres in the country and to provide Anganwari
services as were provided before the lockdown and in accordance
with ss.4 to 7 of National Food Security Act, 2013 – Held:
Government has a constitutional obligation to preserve human life
– The Centre as well as States are statutorily obliged to implement
statutory obligation as imposed under ss.4, 5 and 6 of the Act, 2013
– After spread of COVID-19, Anganwadi Centres were closed
throughout the country in March, 2020 – The Ministry of Women
and Child Development, Government of India had issued guidance
note dated 11.11.2020 providing for resumption of Anganwari
Services outside the containment zones – Therefore, in view of the
guidelines, all States/Union Territories are directed to take decision
in respect of opening Anganwadi Centres situated outside the
containment zones – The decision for  not opening  Anganwadi
Centres in any State/Union Territories or any part of State/Union
Territory shall be taken only after the State Disaster Management
Authority of the State direct for not opening of Anganwadi Centres
in State/particular area of the  State situated outside containment
zone – Anganwadi Centres situated in the containment zone shall
not be opened till the containment continues – All States/Union
Territories shall ensure that  nutritional  standards  as provided in
Schedule II of National Food Security Act, 2013, is fulfilled by
providing nutritional support to pregnant women, lactating mothers,
   [2021] 1 S.C.R. 209
209
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SUPREME COURT REPORTS
[2021] 1 S.C.R.
nutritional support to children who suffer from malnutrition – All
the States/Union Territories shall issue necessary orders  regarding
monitoring  and supervision of Anganwadi Centres to ensure that
the benefit reaches to the beneficiaries and a Complaint Redressal
Mechanism be put in place in each district – Constitution of India –
Art.47 – National Food Security Act, 2013 – ss.4 to 7.
Allowing the writ petition, the Court
HELD:  1. It is now statutory obligation of the Centre and
the States to provide for nutritional support to the pregnant women
and lactating mothers,nutritional support to children and to take
steps to identify and provide meals for children who suffer from
malnutrition. International covenants also aim at highest
attainable standards of physical and mental  health.  This is in
interest of social justice.  Inadequate supply of nutritious food to
the citizens, more particularly to the children and the women shall
affect their health.  Therefore, the same shall be in violation of
their fundamental right to health/right to live with  dignity
guaranteed  under Article 21 of the Constitution of India.  The
Centre as well as States are statutorily obliged to implement
statutory obligation as imposed under Sections 4, 5 and 6 of the
Act, 2013. The nutritional support is required to be of the
nutritional standards which have already been laid down to
Schedule II of the Act, 2013 and all States/UTs are obliged to
implement such Scheme and have to comply with  Schedule II.
Provision of food grains as per the provisions of the Act, 2013 is
a statutory obligation on the State.  Article 47 of the Constitution
provides that one of the primary duties of the State is to raise the
level of nutrition and the standard of living of the people.  [Paras
18, 19][220-E-H; 221-A-B]
2. It is the obligation of the State to ensure that pregnant
women, lactating mothers and children in the age  of  3  to  6
years  and  children  who  suffer  from malnutrition are provided
their dues. The State has to provide an appropriate mechanism
for supervision and check, child development officers and other
district level  officers who are entrusted to monitor the functioning
of Anganwadi Centres  have to be extra vigilant and take steps
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so  that  no  beneficiary is denied its dues. All States/Union
Territories sh

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