'Can't Mandate Public Libraries In Villages When They Lack Basic Amenities': Supreme Court Urges States to Explore Solutions

"In today's India, all these oldies also—they will forget to smoke hukka but have a phone in their hands... Having a library is very good for their enrichment... but unfortunately, the mobiles and apps have taken over, they have hijacked!"

When the counsel suggested integrating digital facilities into libraries, the bench pointed out that many rural areas still struggle with essential services such as clean water, electricity, and education.

Justice Surya Kant questioned whether any study had been conducted to assess the conditions of rural areas:

"First, we would like you to give us a list of the information on how clean the water is in villages, the health conditions, schools, availability of meals and teachers in schools. Has anybody done this exercise? ... This library issue can take a back seat. The most crucial issues in rural India today are—health, education, and hygienic conditions."

He further emphasized:

"If you really want to improve rural areas, you have to concentrate on that... Every day PILs are being filed on these three conditions."

Addressing the issue of funding, Justice Surya Kant observed:

"If you ask the states, the easy answer will be that they have financial constraints. So where are the funds going? They are going somewhere... Why cannot there be a dedicated allocation of 10-15% of state revenue for rural infrastructure development? The time has come where, in some appropriate case, we will have to intervene to ensure that at least 25% of funds are reserved for rural development—if we truly want a fully developed nation within a set timeframe."

Hunger vs Books

The counsel pointed out that Nagaland, in its affidavit, stated that the Centre had not allocated any funds to set up public libraries. He argued that this fell under the constitutional mandate of Article 243G, which empowers state legislatures to grant panchayats the authority to implement schemes for economic and social development.

However, Justice Surya Kant disagreed, asserting that Article 21 (Right to Life and Personal Liberty) takes precedence over all other considerations. He stated:

"Article 21 is the most important thing! Akhbaar padhke thoda pet bharjayega ...yesterday in some news item, some author had spoken, bache ne akhbaar uthakar khaaliya kyunki uspe kheer chappi hui thi....that is the ground reality.

(One who doesn't get food, or medicine, where will s/he go? Would reading a newspaper fill his/her stomach? Yesterday in a news item, an author wrote- a hungry child ate a newspaper by the sight of a bowl of kheer being imprinted on it.)

Court declines to pass directions, encourages States to explore CSR funds for liba

Declining to entertain the petition further, the bench ruled that the establishment of public libraries is a matter of policy decision for the government. It noted that, in the absence of comprehensive data on rural conditions, the Court should not determine whether libraries should take priority over essential infrastructure.

However, the Court encouraged State Governments to explore innovative ways to facilitate public libraries within their financial constraints, including tapping into Corporate Social Responsibility (CSR) funds. It observed:

"The setting up of a library is undoubtedly a laudable objective. It enables young children to learn about history, culture, constitutional values, principles, rights, and responsibilities as citizens."

"Equally important, however, are facilities for health, education, water, and sanitation. Prioritizing these resources is a matter of policy left to decision-makers. In the absence of relevant data, financial feasibility, and existing state commitments, the Court cannot determine which facilities should be prioritized over others."

Disposing of the petition, the Court expressed hope that States would take effective steps—particularly promoting e-libraries—to address the lack of library facilities in rural areas.

"Establishment of library will infuse the democratic values, constitutional cultures and access to knowledge to those in the inaccessible areas...we dispose of the petition by impressing upon state governments, to look into these aspects of the matter and take necessary steps within the limits of their resources to address the issue of lack of libraries in rural places, we hope and trust that some affective steps especially promotion of e-library would be initiated for which, even CSR can be explored by the States."

Case Details: Mundona Rural Development Foundation v. Union of India & Ors. | W.P.(C) No. 1428/2023