HARIT RECYCLERS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) In this public interest litigation preferred under Article 226 of the Constitution of India, the petitioner, a non-governmental organization, has prayed for many a relief but basically for issue of a writ of mandamus commanding the respondents No.1 and 2, namely, Union of India and its Ministry of Women and Child Development and Chief Secretary of Government of NCT of Delhi to investigate into the health hazard that was suffered by the children of the Sarvodaya Kanya Vidyalaya in Block 20 of Trilokpuri in East Delhi, who were forced to eat contaminated food under the Mid Day Meal Scheme on 25th of November, 2009 and prosecute the persons who have failed in their duty and, further, to award compensation to the children who were affected after consuming such food.

(2.) The facts which are essential to be adumbrated are that there is a set of guidelines, namely, National Programme of Nutritional Support to Primary Education, 2006 (Mid Day Meal Scheme) Guidelines (for short "the Scheme") under which the mid day meal is served to the young children as an encouragement to attend the school. For supply of mid day meal at Sarvodaya Kanya Vidyalaya, a non-governmental organization, namely, Rao Raghuvir Seva Samiti was awarded the contract. It is pleaded that apart from the award of contract for the aforesaid school, the said organization was also awarded contract for number of schools in Delhi. On 25th of November, 2009, the children of the said school consumed the food supplied by the contractee NGO. After they consumed the food, the children developed serious health problems and no medical help was rendered immediately. However, they were rushed to a public hospital and eventually, a first information report was lodged at Mayur Vihar Police Station against the 4th respondent, Rao Raghuvir Seva Samiti (for short "the Samiti"). The children who had suffered critical health problem belonged to the poor strata of the society. Some of them were treated in Lal Bahadur Shastri Hospital at Trilokpuri by the school authority and some by their parents. An information submitted by Lal Bahadur Shastri Hospital regarding the treatment and prescription of all 126 children has been brought on record as Annexure P-2.

(3.) It is contended that the children could not deny to eat the food and they had no inkling that the food would be contaminated. It is averred that no one had checked the food before it was served to the students. It is alleged that the food was served in non-conducive and unhygienic surrounding. Because of the aforesaid incident, the Mid Day Meal scheme remained suspended for two months at Sarvodaya Kanya Vidyalaya. Reference has been made to the orders passed by the Apex Court in PUCL v. Union of India WP (C) No.196/2001 about the various directions issued by the Apex Court on implementation of various guarantees including the supply of Mid Day Meal by the government. Reference has also been made to the Convention on the Rights of the Child and the International Covenant on Economic, Social and Cultural Rights (ICESCR) to indicate how the physical and mental health does matter and it is put forth that India has accepted the said Covenant. Reliance has also been placed on Article 25 of the Universal Declaration of Human Rights, 1948.