Supreme Court of India
PEOPLE'S UNION FOR CIVIL LIBERTIESversusUNION OF INDIA AND ORS.
- Citation
- 2009 INSC 586
- Decided
- 22 April 2009
- Disposal
- Hearing Adjourned
- Bench
- ARIJIT PASAYAT
Holding
The Court held that the revised nutritional and feeding norms for supplementary nutrition under the ICDS Scheme must be implemented by all States and Union Territories forthwith, with compliance reports to be filed by 15 January 2010.
Summary
The People's Union for Civil Liberties filed a writ petition under Article 32 seeking enforcement of revised nutritional and feeding norms for the Integrated Child Development Services (ICDS) Scheme to combat malnutrition among children, pregnant and lactating women. The Union of India submitted an affidavit indicating that a task force had reviewed and updated the norms, doubling the financial outlay and increasing caloric and protein provisions. The petitioners argued that the revised norms, particularly the involvement of contractors in supplying supplementary nutrition, were contrary to earlier court orders. The Court examined the substantive compliance by the Union, the necessity of the revised norms to bridge the gap between Recommended Dietary Allowance and Actual Dietary Intake, and the statutory duty of states and Union Territories to implement them. It directed all states and UTs to adopt the new norms immediately, allocate requisite funds, provide take‑home rations and hot meals as specified, and submit compliance reports by 15 January 2010. The matter was adjourned for further compliance monitoring.
Issues considered
- Whether the revised nutritional and feeding norms for supplementary nutrition under the ICDS Scheme are constitutionally valid and enforceable under Article 32.
- Whether the involvement of contractors in the supply of supplementary nutrition is permissible in light of earlier Supreme Court prohibitions.
- Whether the states and Union Territories are bound to implement the revised norms and submit compliance reports within the stipulated timeframe.
Subjects
Child welfareIntegrated Child Development ServicesSupplementary nutritionMalnutritionRevised feeding normsConstitutional writArticle 32State compliancePublic health
Judgment
[2009] 6 S.C.R. 812
A PEOPLE'S UNION FOR CIVIL LIBERTIES
v.
UNION OF INDIA AND ORS. -·
(Writ Petition (c) No. 196 of 2001)
APRIL 22, 2009
8
[DR. ARIJIT PASAYAT AND S.H. KAPADIA, JJ.]
Child weffare:
c Integrated Child Development Services Scheme -
Malnutrition in children/pregnant women - Revised nutritional
and feeding norms - Directions to State Governments and
Union Territories to implement the norms prescribed.
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.
D 196 of 2001. ...
Under Article 32 of the Constitution of India.
Gopal Subramanium, ASG, Manjit Singh, AAG, T.S. Dobia
E Colin Gonsalves, A. Mariarputham, D.S. Mehra, Sushma Suri,
S.N. Terdol, Sunita Sharma, SWA Qadri, Anil Katiyar, Puja
Sharma, Jyoti Mendiratta, Shweta Garg, Anil Kr. Jha, V.G.
Pragasam, S.J. Aristotle, P. Subramanian, K.N.
Madhusoodhanan, R. Sathish, Atul Dakh, R.K. Adsure, T.V.
George, R.C. Kaushik, T. Harish Kumar, V. Vasudevan,
F Rachna Srivastava, Mohd, Noorullah, Himani Jadoun, H. Wahi,
Pinky, K. Enatale Serna, Vikas Mehta, Nar Hari Singh, Gopal
Singh, Manish Kumar, Rituraj Biswas, Riku Sharma, Ranjan
Mazumdar (for M/s. Corporate Law Group), T.C. Sharma,
Neelam Sharma, Sanjay R. Hedge, R. Rohen Singh, Nishant
G Mishra, A. Mariarputham, Aruna Mathur, Vimal Dubey, Rahul
Srivastava, Supama Srivastava, Adesh Sharma, Ram Swarup
Sharma, K.H. Nobin Singh, S. Biswajit Meitei, M.P. Singh, B.S.
Banthia, Vikas Upadhyay, Jana Kalyan Das, A. Subashini, Anil
H 812
PEOPLE'S UNION FOR CIVIL LIBERTIES v. UNION 813
OF INDIA AND ORS.
i
Kr. Srivastava, Kavita Wadia, Ashok Kr. Mathur, Ramesh Babu A
• M.R. Pramod Dayal, R.S. Suri, T.R. Ramalingam, T.V. Ratnam,
Milind Kumar, V.N. Raghupathy, Prakash Shrivastava, P.K.
Maheshwari, N.S. Sohrawardi, Kuldip Singh, K.V. Mohan, G.
Prakash, J.K. Bhatia, S.S. Mishra, Anjana Chandrashekar, B.B.
Singh, Kamini Jaiswal, Naresh K. Sharma for the appearing B
parties.
The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J. 1. Heard learned counsel for
the parties. It has been submitted by learned counsel for the c
Union of India that keeping in view the orders passed by this
Court on several dates, several actions have been taken, which
substantially comply with the directions given by this Court.
2. Colin Gonsalves, Sr. counsel on the other hand stated D
that though there has been substantial compliance of the
directions given by this court yet there is some reservation about
the revised nutritional and feeding norms for supplementary
nutrition in ICDS Scheme. It is submitted that there is scope of
involving contractors in the supplies which was prohibited by E
that Court.
3. By affidavit dated 2nd March, 2009, the Union of India
has highlighted several factors which create serious dent
against malnutrition. It is stated that same can be made to
achiev~ a significant reduction in the rate of malnutrition. The F
said affidavit clarifies that these interventions include
universalization of ICDS (by sanctioning 13.80 lakh Anganwadi/
Mini Anganwadi Centres and 20,000 Anganwadis-on-Demand
making a total of 14 lakh Anganwadis/Mini Anganwadi Centres
... .. as mandated by this Court) and, most importantly, reduction in G
the gap between Recommended Dietary Allowance
(hereinafter referred to as "RDA") and Actual Dietary Intake
(hereinafter referred to as "ADI"). On a careful consideration
of the matter, the Central Government ___,......has.-- revised both the
nutritional and feeding norms as well as thee financial norms H
,.,
814 SUPREME COURT REPORTS [2009] 6 S.C.R.
A of supplementary nutrition under the ICDS Scheme.
4. It is noted that the nutritional norms have remain
unchanged since inception of the Scheme (in 1975) until a
recent comprehensive review by a Task Force constituted by
the Central Government. On the basis of the recommendations
8
of this Task Force, the calorific and feeding norms for
supplementary nutrition in ICDS Scheme in respect of children
of all categories below 6 years of age and pregnant women
and nursing mothers have been revised. The Table below shows
the old and revised norms:
c
Old Norms Revised Norms
Category Rate Calo- Protein Rate Calo- Protein
Rs. ries (g) Rs. (ries (g),
/per (Cal) /per (Cal)
D benefi- benefi-
ciary ciary
per per
(i) Children 2.00 300 8-10 4.00 500 12-15
E below 3
(ii) Children 2.00 300 8-10 4.00 500 12-15
3-6 years
(iii) Severely 2.70 600 20 6.00 800 20-25
F malnourished
children
(iv) Pregnant & 2.30 500 20-25 5.00 600 18-20
Lactating (P&L)
G mothers
The above revised norms are incorporated in para 8.2(b)
of the affidavit.
5. The Revised Nutritional and Feeding Norms for SNP in
H ICDS Scheme circulated vide letter no.5-9/2005/.ND/Tech (Vol.
PEOPLE'S UNION FOR CIVIL LIBERTIES v. UNION 815
OF INDIA AND ORS. [DR. ARIJIT PASAYAT, J.]
II) dated 24.02.2009 states that children in the age group of 6 A
months to 3 years must be entitled to food supplement of 500
/'
calorie of energy and 12-15 gm of protein per child per day in
the form of take home ration (THR). For the age group of 3-6
years, food supplement of 500 calories of energy and 12-15
gm of protein per child must be made available at the B
Anganwadi Centres in the form of a hot cooked meal and a
morning snack. For severely underweight children in the age
group of 6 months to 6 .Years, an additional 300 calories of
~
energy and 8-10 gm of protein would be given as THR. For
pregnant and lactating mothers, a food supplement of 600 c
calories of energy and 18-20 gm of protein per beneficiary per
day would be provided as THR.
6. The letter dated 24.02.2009 No.5-9/2005/ND/Tech
(Vol.II) has been annexed to the affidavit dated 2nd March 2009
filed by the Union of India. It is directed that norms indicated in D
the said letter addressed to all the State Governments and
Union Territories have to be implemented forthwith and the
respective States/UTs would make requisite financial allocation
and undertake necessary arrangements to comply with the
stipulations contained in the said letter. E
7. It is further stated by the Ld. Additional Solicitor General
that Supplementary Nutrition Food (SNP) in the form of THR
• shall be provided to all children in the age group of 6 months
to 3 years, an additional 300 calories to severely underweight F
children in the age group of 3 to 6 years, pregnant women and
lactating mothers as per paras 5(c), 5(d) and 5(e) of the letter
dated 24th February 2009. Accordingly all Union Territories and
State Governments are directed to ensure compliance with the
aforementioned stipulations without fail.
G
-.0
"""'
/
8. Further, all the States and Union Territories are directed
to provide supplementary nutrition- in the form of a morning
snack and a hot cooked meal to the children in the age group
of 3 to 6 years as per Para 5(d) of the guidelines contained in
H
816 SUPREME COURT REPORTS [2009] 6 S.C.R.
A the letter dated 24th February 2009 preferably by 31st
December 2009.
9. As far as adolescent girls are concerned, they would
continue to be covered by the entitlements of the Nutritional
Programme for Adolescent Girls (hereinafter referred to as
8
'NPAG') and Kishori Shakti Yojana (hereinafter referred to as
'KSY') till such time as a comprehensive universal scheme for
the empowerment of adolescent girls called 'The Rajiv Gandhi
Scheme for the Empowerment of Adolescent girls' is
implemented within six months from the date of the order.
c
10. It shall however be ensured that the following direction
by order dated 7th October, 2004 which was reiterated by order
dated 13.12.2006 shall continue to be operative.
0 11. It is pointed out that several States like Andhra
Pradesh, Gujarat, Uttar Pradesh and Nagaland have not met r
the requisite norms. These States are directed to take steps
as required to be taken.
,12. Compliance reports filed by all the States and Union
E Territories by 15th January, 2010.
13. Put up thereafter.
D.G. Writ Petition adjourned.
F
.. -
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