On Wednesday, the Apex Court asked the Central Govt to come out with some policy decisions concerning the implementation of the Community Kitchen Scheme by taking into consideration other similar schemes which are in operation in different states.
The Top Court also took note of incidents of alleged hunger deaths & malnutrition of children in some states & asked them to file short replies by identifying the districts/talukas/villages where such incidents have taken place or taking place.
A bench headed by CJI N V Ramana said there is a need to coordinate with the State Govts/Union territories & their opinion should also be taken into consideration by the Centre before finalisation of the Community Kitchen Scheme.
The bench stated, "We are of the considered view that until & unless the state governments are involved with regard to implementation of the scheme, it would be difficult to implement the same.
"Under the circumstances, it would be appropriate that the Union of India should come out with some policy decision with regard to implementation of the Community Kitchen Scheme by taking into consideration the other similar schemes relating to the community kitchen which are already in operation in different states," it said.
The Top Court asked the lawyer appearing for the Delhi Govt & the Union Territory of Ladakh to file their respective counter-affidavits within two weeks from today, without fail.
Additional Solicitor General Madhvi Divan, appearing for the Centre, told the bench that the issues which are raised in this plea about creating community kitchens to take care of hunger deaths or malnutrition of children are under active consideration of the Union of India & they are awaiting expert reports on the subject.
The bench also comprising Justices Surya Kant & Hima Kohli directed the Centre to interact with the concerned stakeholders as well as for finalisation of the probable date of holding a meeting with the state governments/Union territories on the subject.
The bench also directed Uttar Pradesh, Madhya Pradesh, Maharashtra, Odisha, & Bihar to file short replies on the incidents of alleged hunger deaths & malnutrition of children.
The bench said that "Counsel appearing for the states of UP, MP, Maharashtra, Odisha, & Bihar are directed to file their respective short replies about the aforesaid issues & identify the districts/talukas/villages where these deaths/malnutrition have/are taking place, on the next date of hearing without fail".
It also granted 2 weeks to Manipur to deposit the costs imposed by it & made it clear that no further extension of time would be granted for the said purpose.
"Counsel appearing for all those states which have not so far deposited costs pursuant to order of this court are granted four weeks from today for the said purpose. The registry is directed to invest the costs deposited by the states in an interest-earning fixed deposit receipts on a short term basis in any nationalized bank with auto-renewal facility which gives more interest," the Court said while posting the matter for next hearing on Nov 16.
On Feb 17, 2020, the Apex Court had imposed an additional cost of ₹ 5 lakh each on 6 states for not complying with its directions to file their affidavits on the Public Interest Litigation, which sought formulation of the scheme to set up community kitchens for the poor.
The additional cost of ₹ 5 lakh each was imposed on Madhya Pradesh, Maharashtra, Manipur, Odisha, Goa, & Delhi.
Advocate Ashima Mandla, appearing for the PIL petitioners, was asked by the bench to prepare a chart of all the states who have filed their replies to the PIL.
She had said 69% of children under the age of 5 have lost their lives due to malnutrition & it is high time that states take steps to set up community kitchens.
The Top Court had on Oct 18, 2019, favoured setting up of community kitchens, saying the country needs this kind of a system to tackle the problem of hunger.
It had issued notices to the Centre & all states asking for their responses on a plea seeking directions to all the States & Union Territories (UTs) to formulate a scheme for community kitchens to combat hunger & malnutrition.
The petition had alleged that many children under the age of 5 die every day due to hunger & malnutrition & this condition was violative of various fundamental rights, including the right to food & the life of citizens.
The PIL, filed by social activists Anun Dhawan, Ishann Dhawan, & Kunjana Singh, had also sought a direction to the Centre for creating a national food grid for people falling outside the purview of the public distribution scheme.
It had also sought the issuance of an order to the National Legal Services Authority (NLSA) for formulating a scheme to mitigate hunger-related deaths.
The appeal referred to the state-funded community kitchens being run in Tamil Nadu, Andhra Pradesh, Uttarakhand, Odisha, Jharkhand, & Delhi that serve meals at subsidised rates in hygienic conditions.
The petition also referred to the concepts of the soup kitchen, meal centre, food kitchen, or community kitchen in other countries where food is offered to the hungry usually for free or sometimes at below-market price rates.
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