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Up To States/UTs To Explore Option Of 'Community Kitchens' : Supreme Court
Gyanvi Khanna
22 Feb 2024 11:21 AM IST
The Supreme Court on Thursday (February 22) left it open to the States and the Union Territories to explore the option of 'community kitchens' as a means to achieve the objectives of the National Food Security Act, 2013.The Court declined to pass directions to formulate a pan-India community kitchen policy given the fact that the National Food Security Act was in force and various welfare...
The Supreme Court on Thursday (February 22) left it open to the States and the Union Territories to explore the option of 'community kitchens' as a means to achieve the objectives of the National Food Security Act, 2013.
The Court declined to pass directions to formulate a pan-India community kitchen policy given the fact that the National Food Security Act was in force and various welfare schemes under the said Act have been framed by the Union and States to provide food and nutritional security to people at affordable rates.
The Court stated that it has not examined whether the concept of a community kitchen is a better alternative to achieve the objectives of the National Food Security Act. Leaving the matter to the decision of the States and UTs, the Court disposed of the PIL seeking the formulation of a community kitchen policy.
The bench of Justices Bela M Trivedi and Pankaj Mithal pronounced the operative portion of the judgment as follows :
"When the National Food Security Act giving a rights-based approach of providing food and nutritional security is in force and the other welfare schemes under the said Act have also been framed and implemented by the Union and the States to ensure access adequate quantity of quality food at affordable prices to people, we do not propose to give any further direction in that regard.
We have not examined whether the concept of community kitchen is a better or a wiser alternative available to the States to achieve the object of NFSA, rather we prefer to leave it open to the States and UTs to explore such alternative schemes as may be permissible under the Act.,” the Court orally pronounced.
The PIL was filed by Anun Dhawan, represented by Advocate Ashima Mandla.
The Bench had previously heard the petition on January 16 and had reserved their judgment. It may be recalled that this is the same matter in which formerly, the then Chief Justice of India, NV Ramana, had emphasised the need for a national policy to prevent starvation deaths. Apart from this, the former Chief Justice also categorically said that the hunger has to be satisfied and asked the attorney general to 'take a humanitarian angle.'
Background
On 16th November 2021, the Supreme Court granted three weeks 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. The Court underscored that a welfare state has a constitutional duty to ensure that no one dies of hunger.
The Bench also recorded unhappiness over the affidavit filed by the under-secretary of the Union Ministry of Consumer Affairs, Food and Public Administration. The bench observed that the Principal Secretary had to file the affidavit.
The Bench was informed that pursuant to the October 27, 2021 order, the Centre held a virtual meeting with the States to obtain their views on community kitchen schemes and the information about that has been provided in the affidavit.
On October 27, 2021, the Court passed an order directing the Central Government to come up with a scheme for establishing pan-India community kitchens after interacting with the state governments.
The then Attorney General KK Venugopal had undertaken that the Centre would come out with a concrete scheme. He said that something can be worked out within the framework of the National Food Security Act.
Case Title: Anun Dhawan and others versus Union of India and others, WP(c) No.1103/201
Citation : 2024 LiveLaw (SC) 161
