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Doorstep Ration Delivery A Progressive Reform; Ground Operation Of National Food Security Act Left To States: Delhi Govt Tells High Court
LIVELAW NEWS NETWORK
29 Nov 2021 5:15 PM IST
The Delhi Government today defended its proposed Doorstep Ration Delivery Scheme in the High Court, stating that it is a "progressive reform" for targeted delivery of food grains to the marginalized.Dr. AM Singhvi, appearing for the Delhi Government, submitted that the "basic mantra" of the National Food Security Act is to "ensure actual delivery or supply of the foodgrains to the...
The Delhi Government today defended its proposed Doorstep Ration Delivery Scheme in the High Court, stating that it is a "progressive reform" for targeted delivery of food grains to the marginalized.
Dr. AM Singhvi, appearing for the Delhi Government, submitted that the "basic mantra" of the National Food Security Act is to "ensure actual delivery or supply of the foodgrains to the entitled persons". Thus, the proposed scheme is in line with the objective of the Act.
He relied on Section 12 of NFSA which provides that both Central and State Governments shall endeavour to "progressively undertake necessary reforms" in the Targeted Public Distribution System.
The submission was made before a division bench of Justice Vipin Sanghi and Justice Jasmeet Singh, hearing a plea filed by Delhi Sarkari Ration Dealers Sangh. The scheme is also opposed by the Central Government.
Previously, ASG Aishwarya Bhati had argued that fair price shop owners form an integral part of the National Food Security Act and that the proposed scheme of Delhi government mitigates the architecture of the Act.
Subsequently, the Delhi Government had clarified that fair price shops will continue to exist in its proposed scheme.
Today, Singhvi insisted that the scheme aims to fulfill the primary objective of the Act, i.e., to ensure actual delivery, while keeping in sync with the march of technology.
"Today it is doorstep delivery. Tomorrow it will be car delivery, then drone delivery…can the Court stop innovation under the viability argument?" Singhvi asked.
He stated that there is no provision under the NFSA which prohibits doorstep delivery. Rather, he submitted, that the Centre has relied on a control order, to oppose the scheme. "Thus, onus is on the Petitioner to show inhibition in the Act," he said.
He added the scheme shall work for the benefit of those who are prevented from approaching the FPS for securing their ration, such as pregnant women, people in their old age, etc. Thus, the Centre should allow "flexibility in governance".
Singhvi then took the Bench through various provisions of the Act to claim that though NFSA is a central act, its ground operation is left to the State.
"This Act seen holistically envisages (i) conception and financial assistance at macro level by Centre; (ii) Majority operationality to state govt; (iii) Repeatedly says "ensure delivery" to entitled persons," he submitted.
The hearing will continue on December 3.
Last week, the Supreme Court had refused to entertain the special leave petition filed by the Central Government against the order of the High Court which paved the way for the implementation of the doorstep delivery of ration scheme.
The High Court on September 27, 2021 had allowed the Delhi Government to cut down the supplies to Fair Price Shops to the extent of persons who have opted for door step delivery. The Court passed the order after noting that "an overwhelming majority" has opted for door step delivery.
The Court also clarified that it was only after this exercise that such fair price shop holders need not be supplied the rations.
"The GNCTD shall first issue communications to each of the fair price shop holders, informing them of the particulars of the ration card holders, who have opted to receive their rations at their door steps and, only thereafter, the rations, to the extent that they are being supplied to such optees, need not be supplied to the fair price shop holders," the Court had said.
The Court had modified its earlier order dated March 22, 2021 wherein it had directed the Delhi Government not to stop or curtail the supply of food grains or flour to the members of the Delhi Sarkari Ration Dealers Sangh, Delhi.
The Court had also taken on record the statement made by Delhi Government that the beneficiaries under the PDS scheme, opting for delivery of rations at their door steps, would have the option to once again opt out and go back to the fair price shops for collection of their rations at any time.
Case Title: Delhi Sarkari Ration Dealers Sangh v. GNCTD
