'Poverty Can Be Addressed Through Healing Touch Of Law': Madhya Pradesh High Court Issues Directions For Implementation Of Poverty Alleviation Schemes

The Madhya Pradesh High Court has issued directions to the District Legal Service Authorities and the State Authority for ensuring implementation of poverty alleviation schemes promulgated under provisions of Legal Services Authority Act, 1987 and NALSA (Effective Implementation of Poverty Alleviation Schemes) Scheme, 2015.

A division judge bench comprising of Justices Sheel Nagu and Anand Pathak observed thus:

"Poverty, which is a Problem (Social Evil) can be addressed through Law (with its healing touch) as its solution to achieve the ultimate destination of Development."

The remarks came in a petition against alleged corruption and illegality committed by state authorities in construction of toilets under Swachh Bharat Mission in Bhind District.

Dealing with the issue, the Court observed that the NALSA has framed a scheme namely NALSA (Effective Implementation of Poverty Alleviation Schemes) Scheme, 2015 which is built on the foundation that "poverty is a multi dimensional experience and is not limited to the issues of income." Such multi dimensional poverty includes issues like health (including mental health), access to water, education, sanitation, subsidies and basic services, social exclusion, discrimination etc.

It was also observed that the State and District Legal Service Authorities must be cognizant about 'myriad and unique ways' in which the vulnerable and marginalized groups experience poverty.

Analysing the statutory provisions of the scheme, the Court observed thus:

"As referred in the Scheme of 2015, poverty is a multi dimensional experience and it includes basic services including sanitation etc. and when a duty has been cast upon Legal Services Authority as per the Legal Services Authority Act, 1987 and Scheme of 2015 then if any complaint is received by the Legal Services Officer from complainant / Scheme Beneficiary then such complaint like the present one can be taken care of by the District Authority as per Clause (9), (10) and (11) of the Scheme of 2015 by the District Authority and even by the State Authority."

Further observing that the Court is experiencing many complaints being filed regarding poor implementation of schemes like MGNREGA and Swachh Bharat Mission, the Court held that:

"Clause 10(3) of Scheme of 2015 gives option to choose between the Persuasion (with the concerned Department) or Petition (to file appropriate legal proceedings). Here appropriate legal proceedings under Scheme of 2015 may include complaint before the Lokayukt, if it comes under the purview of said Authority or private complaint against the erring persons or to file a Petition on behalf of complainant under Article 226 of the Constitution of India as Public Interest Litigation."

Directions Issued By Court

- If, any complaint is received regarding inaction, inappropriate execution, corruption or any matter related thereto which comes under the purview of Legal Services Authority Act, 1987 and NALSA (Effective Implementation of Poverty Alleviation Schemes) Scheme, 2015 then District Legal Service Authority (DALSA) shall proactively take care of the situation by proceeding as per Clause 9,10 and 11 of the Scheme of 2015.

- State Authority / District Authority may file appropriate legal proceedings as per Clause 10 (3) of Scheme of 2015 by way of complaint before the Office of Lokayukt as per relevant provisions or may file Private Complaint against the erring persons or may file a petition if subject matter requires so by way of a Public Interest Litigation under Article 226 of the Constitution of India.

- State Authority is requested to contemplate for framing of suitable regulations as per the provisions of Act of 1987, especially under Section 29-A for effective implementation of different schemes of Government of India / State Government fall under NALSA (Effective Implementation of Poverty Alleviation Schemes) Scheme, 2015. A further request is made to contemplate about preparation of a Software / Mobile Application (Mobile App.) for keeping a tab over the complaints received and their outcome.

- District Authority and its Office Bearers are expected to regularly organize awareness / training programmes for Panel Lawyers / Para-legal Volunteers in a constructive and proactive manner to sensitize them with the notion that they have to act as Healers of the Society, looking to the great responsibilities bestowed upon them.

- Secretary, SALSA shall coordinate and guide all such awareness / training programmes.

Coming to the facts of the case, the Court directed Collector and CEO, Zila Panchayat, Bhind to look into the allegations about the role of concerned Sarpanch, Panchayat Secretary, Supervisor and other persons involved in the transaction or who are responsible for implementation of the aforesaid Scheme.

The Court also directed that an inquiry should be completed within two months, if still not completed, and the persons found guilty must be dealt with in accordance with law.

"If the enquiry is already concluded then Collector and CEO are directed to place the enquiry report before the office of this Court so that same can be placed before this Court for perusal," the Court directed.

With the aforementioned directions, the petition was disposed of.

Title: Omnarayan Sharma v. State of M.P. & Ors

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