SC asks states, UTs to decide by Jan 31 on re-opening of Anganwadi centres outside containment zone

New Delhi: The Supreme Court Wednesday directed the states and Union Territories to decide by January 31 the reopening of Anganwadi centres, which have been closed amid the COVID-19 pandemic final yr and presently located outside the containment zone. Observing that authorities has its major obligation and a constitutional obligation to protect human life and good well being of its residents, the apex court directed all states and Union Territories (UTs) to be sure that dietary requirements offered beneath the National Food Security Act, 2013 is fulfilled by offering dietary assist to pregnant ladies, lactating moms and kids who are suffering from malnutrition.

A bench headed by Justice Ashok Bhushan directed that each one states and UTs shall problem “necessary orders regarding monitoring and supervision of Anganwadi centres to ensure that the benefit reaches to the beneficiaries and a complaint redressal mechanism be put in place in each district”.

The bench, additionally comprising Justices R S Reddy and M R Shah, mentioned that call for not opening Anganwadi centres in any state or UT shall be taken solely after the involved state catastrophe administration authority directs for not opening of centres particularly space located outside containment zone.

“Anganwadi centres situated in the containment zone shall not be opened till the containment continues,” the bench mentioned in its 31-page verdict delivered on a plea which had raised the problem of closure of Anganwadi centres.

“Inadequate supply of nutritious food to the citizens, more particularly to the children and the women shall affect their health. Therefore, the same shall be in violation of their fundamental right to health/right to live with dignity guaranteed under Article 21 of the Constitution of India,” it mentioned.

The high court docket famous in its verdict that Anganwadi centres have been opened in some states and UTs.

“We are of the view that unless there are any specific reasons for not opening of Anganwadi centres, all Anganwadi centres beyond the containment zones should be made functional by all the States/Union Territories at an early date. All states may review the situation and take positive decisions on or before January 31, 2021 and unless there are specific decisions taken by the State Disaster Management Authority of a particular state, Anganwadi centres be opened on or before January 31, 2021,” it mentioned.

“Children are the next generation and therefore unless and until the children and the women have the nutritious food, it will affect the next generation and ultimately the country as a whole. No one can doubt that children are the future of our country and if there is some stinginess in providing them with adequate nutrition, the country as a whole is deprived in future of taking the benefit of their potential,” the bench mentioned.

It mentioned worldwide covenants additionally purpose at highest attainable requirements of bodily and psychological well being and that is within the curiosity of social justice.

“As observed above, it is now statutory obligation of the Centre and the states to provide for nutritional support to the pregnant women and lactating mothers, nutritional support to children and to take steps to identify and provide meals for children who suffer from malnutrition,” it mentioned.

The bench famous that Anganwadi centres have been closed after issuance of March 24 final yr order by Ministry of Home Affairs (MHA) for containment of COVID-19.

It mentioned that Ministry of Women and Child Development had in its March 30 final yr letter directed issuance of obligatory directions to the district authorities to utilise companies of Anganwadi employees/helpers for offering supplementary vitamin to beneficiaries at their doorsteps.

It famous that the Ministry of Women and Child Development had issued a steering notice on November 11, 2020 which offered resumption of Anganwadi Services outside containment zones after complying with well being and security protocols.

It additionally referred to the MHA’s November 25 final yr order, which contained a paragraph that individuals above 65 years of age, individuals with co-morbidities, pregnant ladies and kids beneath the age of 10 years are suggested to keep at house, apart from important and well being functions.

“The above guidelines have been issued keeping in view the protection of vulnerable persons and which requires pregnant women, children below the age of 10 years to stay at home except for essential and health purposes. Services which are being provided by Anganwadi centres are essential services,” the bench mentioned.

It mentioned that states and UTs, of their affidavits, have given particulars of offering take house rations as per the rules and requirement contained within the 2013 Act.

“Most of the states/Union Territories have mentioned cereals as take home ration for the beneficiaries from 3 to 6 years of age. The State of Maharashtra claim to supply wheat/rice-62 grams, masoor dal-28 grams, chana-30 grams, mirchi powder-4 grams, turmeric powder-4 grams, salt-8 grams, soybean oil-10 gram per day per beneficiary,” it famous.

It mentioned the “big question” is as to what extent the implementation is on the bottom and advantages are prolonged to beneficiaries as required by statute.

“The beneficiaries which belong to vulnerable class are not equipped with suitable mechanisms to raise issues of non-implementation and not providing food articles complying with nutritional standards as provided in the statute,” it mentioned.