LexPEOPLE'S UNION FOR CIVIL LIBERTIES versus UNION OF INDIA AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
PEOPLE'S UNION FOR CIVIL LIBERTIES
A
v.
UNION OF INDIA AND ORS.
DECEMBER 13, 2006
{DR. ARIJIT PASAYAT AND S.H. KAPADIA,JJ.]
B
Public Interest Litigation-Integrated Child Development Scheme-
Universalization of /CDS, Anganwadi centre to be made operational-
Directions by Supreme Court to Central Government and State Government
for implementation of the Scheme-Non-compliance-Thus, issuance of C
directions to Central Government and State Government-States, Union
Territories and Central Government to file report.
Integrating Child Development Scheme (ICDS) is meant for children of
age group of 0-6 years, adolescent girl, pregnant woman and nursing
mothers; and that every malnourished ch.ild must get enhanced ration and D
that there must be ICDS disbursement centre in every settlement. Funds are
released by Central Government to the State Government and the State is to
implement the Scheme but they failed to match the grants given by the Central
Government. This Court issued directions for universalization of ICDS
regarding universalisation of coverage under ICDS, every habitation should E
have a functional ICDS centre (Anganwadi), immediate operationalisation of
all sanctioned projects/centres without delay, utilization of all funds allocated,
and the implementatiori by the Central Government and State Government.
Commissioner was appointed to submit report regarding implementation.of
the scheme. Report showed that the directions were not implemented.
Committee made certain recommendations with regard to establishment of F
additional Anganwadi centres (14 lakhs A WCs) and formulation of improved
norms for creation and placement of A WC's and that the State Government/
UT's be directed to submit affidavits giving plan of action for ensuring that
all these habitations have functioning A WC's within two years. Hence the
present matters.
Adjourning the matters and giving directions, the Court
HELD: 1. In view of the submissions made and considering the material!I
placed on record it is directed that: [919-El
G
907
H
908
SUPREME COURT REPORTS [2006] SUPP. 10 S.C.R.
A
(1) Government of India shall sanction and operationalize a minimum
of 14 lakh A WCs in a phased and even manner starting forthwith and ending
December 2008. In doing so, the Central Government shall identify SC and
ST hamlets/habitations for A WCs on a priority basis. (919-E-Fl
(2) Government of India shall ensure that population norms for opening,
B of A WCs must not be revised upward under any circumstances. While
maintaining the _upper limit of one AWC per 1000 population, the minimum
limit for opening of a new A WC is a population of 300 may be kept in view.
Further, rural communities and slum dwellers should be entitled to an
"Anganwadi on demand" (not later than three months) from the date of demand
C in cases where a settlement has at least 40 children under six but no
Anganwadi. (919-F-H]
(3) The universalisation of the ICDS involves extending all ICDS
services (Supplementary nutrition, growth monitoring, nutrition and healtl!
education, immunization, referral and pre-school education) to every child
D under the age of 6, all pregnant women and lactating mothers and all
adolescent girls. [920-A)
(4) All the State Governments and Union Territories shall fully
implement the ICDS scheme by, interalia, (i) allocating and spending at least
Rs. 2 per child per day for supplementary nutrition out of which the Central
E
Government shall contribute Rs. 1 per child per day. (ii) allocating and
spending at least Rs. 2.70 for every severely malnourished child per day for
supplementary nutrition out of which tlte Central Government shall contribute
Rs. 1.35 per child per day. (iii) allocating and spending at least Rs. 2.30 for
every pregnant women, nursing mother/adolescent girl per day for
F
supplementary nutrition out of which the Central Government shall contribute
Rs. 1.15. (920-B-E]
(5) The Chief Secretaries of the State of Bihar, Jharkhand, Madhya
Pradesh, Manipur, Punjab, West Bengal, Assam, Haryana and Uttar Pradesh
shall appear personally to explain why the orders of this Court requiring the
G full implementation of the ICDS scheme were not obeyed. [920-D-E)
(6) Chief Secretaries of all State Governments/UTs are directed to
submit affidavits with details of all habitations with a majority of SC/ST
households, the availability of A WCs in these habitations, and the plan of
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