Case Note & Summary
This writ petition was filed as a Public Interest Litigation under Article 32 of the Constitution of India, challenging the closure of Anganwadi Centres across the country due to the COVID-19 pandemic. The petitioner, Dipika Jagatram Sahani, argued that these centres provide essential nutritional support to pregnant women, lactating mothers, and children up to six years of age, which is crucial for their holistic development. The petitioner sought various reliefs, including the reopening of Anganwadi Centres and the provision of hot cooked meals and take-home rations as per the National Food Security Act, 2013. The court noted that the Integrated Child Development Services Scheme, launched in 1975, aimed to address the health and nutrition needs of young children and mothers. The National Food Security Act, 2013, further established statutory rights for nutritional support to these groups. The court highlighted the government's obligation to ensure food security and the importance of nutrition for the future generation. It observed that the closure of Anganwadi Centres during the pandemic had severely impacted the beneficiaries, leading to malnutrition and health issues. The court directed that all States and Union Territories must decide to reopen Anganwadi Centres by January 31, 2021, unless specifically directed otherwise by the State Disaster Management Authority. The court also mandated that nutritional standards as per Schedule II of the Act must be met and that a complaint redressal mechanism should be established to ensure beneficiaries receive their entitlements. The decision emphasized the need for immediate action to address the nutritional needs of vulnerable populations during the ongoing pandemic.
Headnote
A) Constitutional Law - Right to Food - Statutory Obligation to Provide Nutritional Support - National Food Security Act, 2013, Sections 4, 5, 6 - The court held that the government has a constitutional obligation to provide nutritional support to pregnant women, lactating mothers, and children, and must ensure that Anganwadi Centres are operational to fulfill this duty. The court emphasized the importance of nutrition for the future generation and directed the reopening of Anganwadi Centres outside containment zones (Paras 17-34).
Issue of Consideration
Whether the Anganwadi Centres should be reopened to provide nutritional support to beneficiaries during the COVID-19 pandemic.
Final Decision
The court allowed the writ petition and directed all States/Union Territories to open Anganwadi Centres outside containment zones by January 31, 2021, ensuring compliance with nutritional standards as per the National Food Security Act, 2013.
Law Points
- Public Interest Litigation
- Article 32
- National Food Security Act
- 2013
- Integrated Child Development Services Scheme
- statutory obligation
- nutritional standards
- right to food
- right to health
