Supreme Court Directs Government to Implement ICDS for Child Nutrition and Development. Court emphasizes the need for operationalizing Anganwadi Centres and ensuring compliance with previous orders regarding the scheme.

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Case Note & Summary

The case involved a writ petition filed by the People’s Union for Civil Liberties against the Union of India concerning the non-implementation of the Integrated Child Development Scheme (ICDS). The ICDS aims to provide essential services to children aged 0-6, pregnant women, lactating mothers, and adolescent girls. The petitioner alleged that the Central and State Governments failed to implement the scheme effectively, particularly in matching grants and operationalizing Anganwadi Centres (AWCs). Reports submitted by appointed Commissioners highlighted the grim realities of the scheme's implementation, revealing that a significant number of eligible beneficiaries were left out. The court noted that only 9,52,764 AWCs had been sanctioned, with many not yet operational. The court emphasized the need for the Government of India to sanction and operationalize a minimum of 14 lakh AWCs by December 2008, ensuring that all eligible beneficiaries receive services under the ICDS. The court also directed State Governments to submit affidavits detailing the status of AWCs in SC/ST habitations and to comply with previous orders regarding the supply of nutrition. The court expressed concern over the poor utilization of allocated funds and the lack of compliance by several States. Ultimately, the court mandated immediate action to address these issues and scheduled a follow-up for three months later.

Headnote

A) Administrative Law - Compliance with Court Orders - Non-implementation of ICDS - Supreme Court directed the Government of India to operationalize a minimum of 14 lakh Anganwadi Centres (AWCs) by December 2008, ensuring that all eligible beneficiaries receive services under the ICDS. The court noted significant shortfalls in the operationalization of AWCs and the allocation of funds, emphasizing the need for immediate action to meet the requirements of the scheme (Paras 7-8).

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Issue of Consideration

Whether the Central and State Governments have complied with the Supreme Court's orders regarding the implementation of the Integrated Child Development Scheme (ICDS).

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Final Decision

The Supreme Court directed the Government of India to sanction and operationalize a minimum of 14 lakh AWCs by December 2008, ensuring that all eligible beneficiaries receive services under the ICDS. The court mandated that State Governments submit affidavits detailing the status of AWCs and compliance with previous orders, emphasizing the need for immediate action to address the shortfalls in the scheme.

Law Points

  • Implementation of ICDS
  • Universalization of services
  • Compliance with court orders
  • Allocation of funds
  • Operationalization of Anganwadi Centres
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Case Details

2006 LawText (SC) (12) 20

Writ Petition (civil) 196 of 2001

2006-12-13

Dr. Arijit Pasayat, S.H. Kapadia

People’s Union for Civil Liberties

Union of India and Ors.

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Nature of Litigation

Writ petition concerning the implementation of the Integrated Child Development Scheme.

Remedy Sought

Petitioner sought enforcement of the ICDS implementation and operationalization of Anganwadi Centres.

Filing Reason

Allegations of non-compliance with Supreme Court orders regarding the ICDS.

Previous Decisions

Previous orders directed universalization of ICDS services and operationalization of AWCs.

Issues

Compliance with court orders regarding ICDS Operationalization of Anganwadi Centres

Submissions/Arguments

Petitioner argued for immediate implementation of ICDS and operationalization of AWCs. Respondent's compliance with previous orders was questioned due to lack of progress.

Ratio Decidendi

The court emphasized the necessity of compliance with its orders for the effective implementation of the ICDS, highlighting the importance of operationalizing Anganwadi Centres and ensuring adequate funding and resources for the scheme.

Judgment Excerpts

The scheme is meant for children of the age group of 0-6, Pregnant women, lactating mothers and adolescent girls. The universalization of ICDS involves extending all ICDS services to every child under the age of 6, all pregnant women and lactating mothers and all adolescent girls.

Procedural History

The case was initiated by a writ petition filed in 2001, with subsequent hearings and reports submitted by appointed Commissioners regarding the implementation of the ICDS.

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