Decide On Re-Starting Mid-Day Meals For Eligible Students : Karnataka High Court To State

A division bench of Justice B V Nagarathna and Justice J.M.Khazi said "State government has to take a decision to reintroduce midday meals from April 15, so long as schools from Class 6 to 10 are kept open and students are attending the classes physically. State has to make a decision and the same shall be placed before the court on or before April 8."

The direction was given during the hearing of a petition filed by one Radha M seeking to direct the respondent to provide mid-day meals to students of classes from Standard 6th to 8th as regular schools have commenced in the state.

During the hearing, the state government informed the court that for students of classes VI to X the government had decided to continue to provide food security allowance. It was also said that in view of the second wave of Covid-19, it had been decided to continue providing the food security allowance in the form of food grains.

As per the affidavit filed by the Department of Education (Primary and Secondary) it was said that "Cooking hot meals and serving the midday day meals on the school premises may lead to more infections. The report also said that an action plan had been placed before the government seeking financial assistance to provide food security allowance for 47 days, from April 10 to June 10".

As regards providing meals at Anganwadi centres, the government stated that the decision will be taken based on the advice of the technical advisory committee of the Health and Family Welfare department.

Further, it was said in order to maintain social distance only five children were allowed to attend Anganwadi centres in rotation, based on the total number of children enrolled. Supplementary nutrition programme food was being supplied at the doorsteps of Anganwadi beneficiaries.

The court on going through the report said "Admittedly, schools have been kept open, if so, necessarily mid meal should have been provided." The court orally said more students would start attending classes when cooked meals are supplied instead of paying allowance.

In the previous hearing the court had observed that "Right to Education is a Fundamental right under Article 21A. The provision of mid-day meals will become a fundamental right, as you cannot ask them to study on an empty stomach. Though it is in the form of a scheme, ultimately we will have to make it a Fundamental Right. Nobody can study on a hungry stomach."

The matter will next be heard on April 15.