DIPIKA JAGATRAM SAHANI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed as a Public Interest Litigation under Article 32 of the Constitution of India questioning the closure of the Anganwadi Centres across the country. The petitioner states that through Anganwadi Centres supplementary nutrition to pregnant women, lactating mothers, adolescent girls and children upto the age of 6 years were being provided which fulfilled the State objective of holistic development of children under 6 years and to provide food and nutrition to the beneficiaries. In the writ petition the petitioner impleaded the Union of India, all States and Union Territories and has prayed for following reliefs:

(2.) The Constitution of India with the object of securing to all its citizens social and economic justice contains various Articles which empower making of special law in favour of women and children. Article 47 of the Constitution which forms the part of Directive Principles of the State Policy provides that the State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. The Government of India with the above objective launched a welfare scheme, namely, Integrated Child Development Services Scheme in the year 1975. The Scheme was designed as an early childhood development programme aimed to address health, nutrition and development needs of young children who are future of India and pregnant and nursing mothers. The Scheme was designed to promote holistic development of children under 6 years of age. This Court in a Public Interest Litigation in Writ Petition No.196 of 2001, People's Union for Civil Liberties vs. Union of India and others, had issued various directions for protection of right to food of the poor and the underprivileged sections including children and women. This Court has been pro-actively directing the Central Government and the State Governments to effectively implement the Integrated Child Development Services Scheme. Various directions were issued by this Court from time to time.

(3.) The Parliament enacted the National Food Security Act, 2013 (hereinafter referred to as the "Act, 2013") to provide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith. The Statement of Objects and Reasons of the Act apart from containing various other objects, proposed to provide following also in paragraph 4 (c) , (d) and (e):