'Hunger Has To Be Satisfied' : Supreme Courts Asks Centre To Consider Framing Model Community Kitchen Schemes

The Supreme Court on Tuesday asked the Union of India to consider preparing a model scheme for community kitchens across the country and providing additional food grains to the States in this regard.

The Bench however clarified that the logistical issues, as far as the scheme is concerned, will have to be taken care of by the States.

A bench comprising the Chief Justice of India NV Ramana, Justice AS Bopanna and Justice Hima Kohli, was hearing the writ petition which seeks the formulation of a community kitchen policy to avoid starvation deaths.

While adjourning the matter for two weeks, the Bench granted liberty to the State Governments to file affidavits on issues of malnutrition, starvation deaths etc if they want to and also make suggestions to the Centre with regard to the scheme.

"We explained to the Attorney General the intention of the Court particularly of preparation of a model scheme and possibility of exploring resources and additional food grains. As far as logistics is concerned, as rightly pointed by the AG, it's for State Governments to take care. In view of that, we adjourn for a period of two weeks, if state governments want to file any additional affidavit on issues of malnutrition etc and other related issues as early as early before the court. States at liberty to make suggestions in this regard. All affidavits to sent to petitioner and AG immediately to enable the AG to make submissions on next date of hearing," the Bench said

The Bench also waived off the costs earlier imposed on the States for failing to file the affidavits on time.

"You are not taking the issue seriously. That is why we imposed the cost, we are waiving off the cost, but you must stick to schedule given," the Bench said.

At the outset, the Bench noted that according to the Union of India's affidavit, the Government has taken a stand that it's a policy matter and that the Court cannot ask the Government to take a stand.

In relation to the scheme for community kitchens, the Bench clarified to the Attorney General that it is not going to frame a scheme today itself or direct the Government to form a scheme. However, the Bench stated that the Government of India can provide the latest data about starvation deaths, as the statistics available to the Bench being the National Family Health Survey report 2019-2021 is very old.

Referring to the stand taken by the States, the CJI noted that most states have taken a stand that if the Government of India provides the funds, it will provide food. He added that while some states are already implementing community kitchens and asking for funds, some other states haven't implemented the schemes but are ready to if the Central Government provides the funds.

We are not saying Government is Not Providing Food: SC

The Bench clarified that it is not saying that the Government is not providing food or help to those in need. However, it insisted that a model scheme may be formulated.

Not Asking You To Make a Strict Straight Jacket scheme: SC

The Chief Justice of India clarified that the Court doesn't want the Government to formulate a strict jacket scheme and added that various factors need to be considered, and the Centre can therefore formulate a scheme and leave the implementation to the States.

"We are saying why don't you think of some model scheme.We are not asking you to make a strict scheme that states have to follow. In different states, there are different problems, food habits etc. We understand that," CJI said

The Bench observed that some States have suggested that the 2-3% of the food grains allocated by the Centre to the States can be allotted under the scheme, so it can be implemented by the States

Government Shouldn't Take This As Adversarial Litigation: SC

In response to AG's submissions that the Panchayat may deal with the issue more efficiently, the Bench clarified that the Government should not take this as adversarial litigation.

"You must have a practical approach, you can find out a way. This has to be looked into as a human problem." CJI said

In response to AG's submission that the States will have to determine the problem, and the infrastructure, the Bench stated that it is only asking the Government to frame a model scheme and not decide issues like how many kitchens have to be established,what food is to be served etc and the same will be taken care of by the local authorities.

Court May Appoint An Expert Committee to Formulate the Scheme: Petitioner

Advocate Ashima Mandla appearing for the petitioner submitted that the Court could consider appointing an expert committee to formulate a scheme. The Counsel added that the petitioner had indicated a financial model which the Government had outright rejected.

Malnutrition Exists & Community Kitchens Are Required Not Disputed, Question Is Of Funding: AG

The Attorney General submitted that the Government is not disputing that malnutrition exists and the need for community kitchens. However, the question is of funding. He added that if States require more food grains, that can be considered by the Government. 

Referring to the stand taken by States specifically the State of Uttar Pradesh, the Bench stated that State is willing to run the scheme if 2% additional grains is given, provided that some guidelines are provided by the Centre.

"What they are saying is, whatever money and schemes you are giving, allocate some % of food grains to states, they will take care. Please ask your officers to apply mind." the Bench said.

The AG stated that the Government can then formulate a scheme on the basis that this 2% additional foodgrains will be made available to States. The States on the basis of this 2% can provide the information as to how many community kitchens will be formed, who will supervise it, etc.

He added that the States can file an affidavit so it is known that this 2% as stated by the State of UP is acceptable to all states.

Referring to the stand taken by the States in the affidavit, the Bench stated that the majority of the States are ready to implement the scheme for community kitchens provided that some suggestions or guidelines are provided by the Centre.

We Are Not On Bigger Issues, Hunger Has to Be Satisfied: SC

The Bench stated that the Court is not on the bigger issues of starvation, people dying of malnutrition, etc

"The hunger has to be satisfied. Poor people are on street and suffering from that. Everyone is admitting there's an issue. Take a humanitarian angle and try to find a solution. Ask your officers to apply their mind." CJI said 

The AG said "We will proceed on the basis of what your Lordships are saying, that a scheme is necessary, so far as we are concerned, 2% additional food grains is to be given. According to me the ideal way is through Constitutional provision, where funds can be obtained by the States themselves, through their own financial means, additional taxation is necessary, we will give a scheme on that basis." 

"I think if you're willing to give some additional food grains or % of food grains you are already supplying, logistics is not an issue, state governments will be willing. These are popular schemes, they will agree. I don't want to comment, there's election time, Governments are giving so many welfare schemes. Food is something required to survive." CJI remarked

Background

On the last occasion ( 16th November 2021) the Supreme Court had granted 3 weeks time to the Central Government, as a last opportunity, to frame a pan-India policy on community kitchens, after taking the view of different state governments.