People Can’t Be Denied Benefits Of Welfare Schemes Only Because They Don’t Possess Aadhaar Card Or Mobile Number: Orissa High Court

The Orissa High Court has cautioned both the Union and State Governments that they must not deny benefits of different welfare schemes to the needy people belonging to vulnerable sections only because they do not possess identity proof like Aadhaar Card or mobile number.

While hearing a Public Interest Litigation (PIL) pertaining to serious condition that has emerged in Jajpur district due to severe malnutrition of children, the Division Bench of Chief Justice Dr. S. Muralidhar and Justice Gourishankar Satapathy observed,

“…this needs to be made abundantly clear at both the State level as well as the National level since this welfare schemes are meant to cater to the needs of the most vulnerable and poor sections of our society who cannot be excluded on any ground including the lack of an Aadhaar Card or a mobile phone. The fact is that there are still several poor and vulnerable individuals, in the State of Odisha and in the country, who may not possess either.”

During the hearing, it came to the notice of the Court that the coverage of the population by Public Distribution System (PDS) under the National Food Security Act (NFSA) is not ‘universal’.

“Today’s discussion threw up expressions like ‘allocation’ and ‘vacancies’ pointing to the fact that there might be sections of our society, and this includes the most vulnerable, who may not be covered under the PDS system. Since the distribution of nutritional supplements and rations happens only through the PDS, there is every likelihood that a child or an expectant mother in a family in need of such supplements and rations may not receive them”, the Court suspected.

The Bench asked the Department of Women and Child Development of the Union Government to ensure that the coverage under the schemes is increased progressively year after year and it said, that this can only happen if there are systems put in place that incentivise ‘inclusion’ rather than ‘exclusion’.

“For e.g., the failure to possess an Aadhaar Card or a mobile phone or a proper ‘identity’ paper of a particular kind can result in a child or a family being denied the basic support in terms of food and supplements which are so essential for basic survival. The absence of these documents cannot become obstacles to availing the benefits under the schemes”, it added.

The Collector, Jajpur informed the Court that at least in Jajpur district, the absence of an Aadhaar card is not coming in the way of a person being included in the PDS. He also referred to the instructions issued on 10^th July, 2020 and reiterated on 6^th January, 2023 wherein it has been stated that people not having Aadhaar cards will be provided with ration through a ‘bypass system’.

The Court took into record the statement made in the affidavit of the Collector, Jajpur that no person in Jajpur district in Odisha has been denied any ration merely for not having an Aadhaar card or a mobile phone. The Secretary, WCD Department, Odisha confirmed that this is the position elsewhere in Odisha.

The WCD Ministry, Government of India also assured that as far as the children from the age of 0 to 6 years are concerned, clear instructions are issued not to insist upon Aadhaar cards in order to acknowledge entitlements. However, the Court noted, they were unable to deny the possibility of a child above the age of 6 years (or any person above 6 years) not having an Aadhaar card or a mobile phone getting excluded from the PDS system.

Taking note of the unfortunate happenings in the Danagadi Block in Jajpur district that was subject matter of the PIL, the Court reminded both the State and Union Governments that the welfare schemes are meant for fulfilling the needs of most vulnerable and poor sections of the society who can never be excluded from the list of beneficiaries on the ground of not having an Aadhaar card or mobile number.

Case Title: Mantu Das v. Union of India & Ors.

Case No.: W.P.(C) No. 12966 of 2023

Counsel for the Petitioner: Mr. Afraaz Suhail, Advocate

Counsel for the Respondents: Mr. P.K. Parhi, DSGI; Mr. D.R. Bhokta, CGC; Mr. Debakanta Mohanty, Additional Govt. Advocate

Citation: 2023 LiveLaw (Ori) 64

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