COVID- Allahabad High Court Requests Supreme Court To Deal With The Issue Of Distribution Of Food Grains To Vulnerable Section Of People
The Allahabad High Court on Monday (May 24) requested the apex court to consider the issue of distribution of food grains to the vulnerable section of people and ensure the accountability of governance.The Bench of Justice Attau Rahman Masoodi said,"This Court would humbly extend a request to this Court or the apex court dealing with suo motu petitions to include consideration on the issue...
The Allahabad High Court on Monday (May 24) requested the apex court to consider the issue of distribution of food grains to the vulnerable section of people and ensure the accountability of governance.
The Bench of Justice Attau Rahman Masoodi said,
"This Court would humbly extend a request to this Court or the apex court dealing with suo motu petitions to include consideration on the issue of distribution of food grains to the vulnerable section of people and ensure the accountability of governance in relation to quantity and quality related issues that have undoubtedly multiplied manifold constituting a cognizable cause."
Plight of the underprivileged people
The Court, in its Judgment, noted that the Court shall be failing in its duty if, during the ongoing pandemic, the plight of underprivileged people goes unnoticed in the present scenario of mass destruction.
The Court also observed that the issues relating to the distribution of food grains in the present situation of unemployment are larger in size particularly when the Gram Panchayats after the election in U.P. have yet to assume a functional role to cope with the Pandemic.
Significantly, the Court remarked,
"The unmanaged hunger may equally be contributing to unnatural deaths like mismanaged health services. This Court may also not overlook the lack of mechanism whereunder the quality check of the food grains supplied to underprivileged is dutifully ensured and it is quite possible that hunger and malnutrition may be a cause of human loss too."
The Court further acknowledged that the judiciary owes a legal obligation to the underprivileged citizens for which the constitutional courts are duty bound to go into the State's obligation relating to the supply of quality food grains during this crisis failing which the health hazard shall assume unprecedented dimensions and may render the nation helpless.
Lastly, the Court directed that the copy of the order be sent to the Chief Secretary, Government of U.P. as well as to the Ministry of Civil Supplies, Government of India for necessary action.
A copy of the order was also directed to be sent to the Registrar General, Supreme Court of India, New Delhi, and be also placed before the Registrar General of the Court to apprise the concerned Benches of the request extended hereinabove.
Background
The Allahabad High Court ruled thus while quashing an order dated July 7, 2020, issued by the UP Government to give preference to self-help groups in allotment of fair price shops, to the exclusion of all other categories of persons.
The Bench of Justice Attau Rahman Masoodi held that the impugned GO seeks to create a "monopoly" in favor of the Self-help Groups that generally have a "weak legal identity" for the purposes of fixing accountability and thus, any such body is susceptible to "worsen" the objects of Public Distribution System instead of bringing about any reform.
Other important orders
The Supreme Court on Monday directed for dry ration to be distributed to migrant workers stranded throughout the country under Atma Nirbhar Scheme or any other scheme found suitable by the States/Centre.
Directions were given to the States to file Affidavits indicating the mechanism by which dry ration would be distributed to those who do not possess a ration card, and that it is for the States to decide which scheme would be utilized for the same.
On May 13, the bench had directed the Governments of NCT of Delhi, Haryana, and Uttar Pradesh to provide dry ration and community kitchens for migrants stranded in National Capital Region.
The Karnataka High Court earlier this month directed the State government, which has declared a lockdown till may 24, to immediately consider the proposal of distributing 10 KG of Food Grains free to PHH Card applicants and 10 KG's at 15 for NPHH Card applicants i.e those who had applied but for whom ration card were yet to be issued.
A division bench of Chief Justice Abhay Oka and Justice Aravind Kumar said "The state government will have to decide on the implementation of the scheme proposed by it. We direct the state government to take immediate decision on the said proposal."
Expressing dissatisfaction with the State Government's submission that it has already covered 80% of the population under the targeted public distribution system (PDS), the Orissa High Court this week observed,
"There cannot be any persons belonging to vulnerable categories in Odisha who are left out of either the NFSA (National Food Security Act) or the SFSS (State Food Security Scheme). A constant endeavor must be made to increase the coverage with every passing month."
"It is not sufficient to state that the government has already covered 80 pc of the population under the PDS."
Delhi Rozi-Roti Adhikar Abhiyan last month approached the Delhi High Court seeking directions on the Delhi Government to resume its scheme of providing dry rations under the Mukhya Mantri Corona Sahayta Yojna (MMCSY) scheme, or any other scheme designed for the poor and needy persons ensure that they don't go hungry in view of the covid 19 pandemic and fresh restrictions issued in the national capital.
Case Title: Haripal v. State of UP & Ors.
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