KISHEN PATTNAYAK & ANR. versus STATE OF ORISSA

Citation: [1989] 1 S.C.R. 57 · Decided: 09-01-1989 · Supreme Court of India · Bench: M.M. DUTT · Disposal: Disposed off
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Judgment (excerpt)

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KISHEN PA TINA YAK & ANR. 
v. 
STATE OF ORISSA 
WITH 
INDIAN PEOPLE'S FRONT THROUGH ITS CHAiRMAN, 
NAGBHUSHAN PATNAIK. 
v. 
STATE OF ORISSA & ORS. 
JANUARY 9, 1989 
[MURARI MOHON DUTT AND K.N. SAIKIA; JJ.) 
Constitution of India: Article 32. 
A 
B 
c 
Public Interest Litigation-Letter by social workers alleging-
Starvation deaths-Exploitation of landless labourers-Children-
D 
Selling of-Treated as writ petition-Directions by Court. 
Law and Poverty: Social justice-Orissa Relief Code-Paras 39, 
+.... 40--Social Welfare Measures-District Level Natural Calamities 
Committees-Induction of social workers in committees. 
Two social workers addressed a letter to this Court bringing to its 
notice the miserable conditions of the people of the district of Kalahandi 
in the State of Orissa on account of extreme poverty. The said letter wa:s 
treated as a writ petition. The petitioners in this petition alleged that in 
the district of Kalahandi on account of extreme poverty, there are 
starvation deaths and in order to save themselves from starvation 
deaths, people are compelled to subject themselves to distress sale of 
labour and paddy resulting in exploitation of landless labourers, depri-
vation of legitimate price of paddy to small peasants. It was also alleged 
that on account of 'chill penury' people of Kalahandi district are even 
forced to sell their children. 
In the other writ petition, Indian PeopleS' Front alleged miserable 
conditions of the people of Koraput district in addition to the Kalabandi 
district. It was alleged that the starvation deaths, drought diseases and 
famine have been the continuing phenomenon in the said two districts. 
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F 
G 
The petitioners accused the Government of Orissa of its failure to 
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57 
58 
SUPREME COURT REPORTS 
I 1989] I S.C.R. 
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protect the lives of the people of the two districts of Kalahandi and A 
Korapnt and sought directions that the State of Orissa should be 
directed to take immediate steps to alleviate the miseries and sorrows of 
the people of the said two districts. 
With a view to ascertaining the correct state of affairs and to 
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know whether the State has implemented the social welfare measures, ,.___ 
and the adequacy of such measures to meet the needs of the people, the 
Court directed the District Judge of Kalahandi to submit a report. The 
learned District Judge in its report submitted that the State Govern-
ment has implemented social welfare measures and there was hardly ).._ 
any case of starvation death. 
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c 
The correctness of the facts found by the District Judge in his 
report was challenged by the petitioners, particularly the question of + 
starvation deaths. The petitioners suggested that for the purpose of 
supervising relief work, a Committee of 11 member should be consti-
toted comprising members of well-known social organisations. 
D 
On behalf of the State it was stated by the Attorney General that 
district level Natural Calamities Committees consisting of Collector, 
Officials, MPs and MLAs are already existing and these Committees 
review the progress of relief work and the measures taken to meet the ~ 
drought conditions. It was submitted that members of voluntary social 
E organisations can be inducted in these existing Committees instead of 
constituting a new Committee as suggested by the petitioners. The 
aitention of the Cm1rt w.s also drawn to para 39 of the Orissa Relief 
Code dealing with enquiry in cases of starvation deaths and relief mea-
sores to be taken in such cases. It was state«) that for the purpose of r 
alleviating the miseries and sorrows of the people in the district of 
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Kalahandi, State has already undertaken appropriate social measures, 
namely, allocation of Rs.8054 lakhs for Kalahandi during the Sixth 
Plan, const:mt vigilance under the direct supervisjon of the Chief Minis-
ter for redressal of the distress of the people, undertaking of massive 
scale labour intensive work to provide employment, free feeding prog-
ramme in areas of acute distress, Emergency Feeding Programme in 
G drought affected areas and crop damage areas, undertaking of a 
number of major, medium and small irrigation projects, digging of 't-
tube-wells for drinking water, starting aforestation programme to pre-
vent recurrence of drought conditions, fixation of minimum purchase 
price for paddy, providing adequate funds to purchasing agents to 
purchase surplus paddy at prescribed rates, direct procurement of en-
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