SAURADEEP DEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. D. Ghosh, learned counsel for the petitioner, Mr. T.C Chutia, learned Additional Senior Government Advocate appearing for the respondent No.2 in the Social Welfare Department, Mr. S.C Keyal, learned ASGI appearing for the respondent in the Ministry of Women and Child Development, Government of India and Ms. S. Sarma, learned standing counsel appearing for the authorities in the Health and Family Welfare Department, Government of Assam.

(2.) The petitioner who is a practicing advocate and also takes interest in the implementation of the social welfare schemes has preferred this public interest litigation with the following prayers:-

(3.) Ms. D. Ghosh, learned counsel appearing for the petitioner has urged upon three deficiencies in implementing the social welfare schemes by the Social Welfare Department of the Government of Assam which i.e. the Anganwadi centers where the small children are taken care of do not have the required infrastructural facilities mainly in the form of the premises where the centers are located to the effect that such premises have leaking roofs and broken walls and therefore, not conducive for the children. Further, all the centers do not have proper electricity connection and also clean drinking water facilities for the children. It had also been stated in para-20 of the petition that the registered lactating mothers are entitled to a take home ration for 300 days in a year in respect of those mothers who have children between the age of 06(six) months and 03(three) years. It is stated that instead of the take home ration being provided for 300 days, the authorities are in fact providing it only for about 68 days. The third contention of the petitioner is that under the Pradhan Mantri Matritva Vandana Yojana (in short PMMVY), which is a scheme framed by the Central Government under Section 4 of the National Food Security Act, the pregnant women and lactating mothers for the first living child of the family are entitled to an amount of Rs.6000/-, out of which Rs.5000/- is to be paid under the PMMVY and Rs.1000/- from another scheme namely Janani Suraksha Yojana. It is contended that although under the schemes, the aforesaid amounts are to be paid, but the required amount is either not paid to all the registered beneficiaries or in certain cases even if it is paid, it is paid at a delayed time, which does not fulfill the purpose for which the amount was provided. It is stated that the amount is given to the pregnant women and lactating mothers so as to nourish themselves for a healthy child delivery and if the amount is not paid at the appropriate time or not paid at all, the very purpose of the scheme for which the amount is paid remains frustrated.