The high court of Orissa passed on 27 May 2023, urged both the Union and State Governments that they must not refuse benefits of various welfare initiatives to the needy individuals belonging to vulnerable sections just because they do not have identifying evidence like an Aadhaar Card or cellphone number. The Division Bench of Chief Justice Dr. S. Muralidhar and Justice Gourishankar Satapath observed while hearing PIL pertaining to the serious condition of severe mal nutrition of children in Jaipur in Mantu Das v. Union of India & Ors (W.P.(C) No. 12966 of 2023)
Facts of the Case
The Bench requested that the Union Government’s Department of Women and Child Development make sure that the coverage under the schemes is increased gradually each year. The Bench stated that this could only be accomplished by putting in place systems that reward “inclusion” rather than “exclusion.” In Jajpur district, at least, the lack of an Aadhaar card does not prevent someone from being added to the PDS, according to the Collector of Jajpur, who notified the Court of this. Aadhaar card holders will be given rations via a “bypass system,” according to orders issued on July 10th, 2020 and reaffirmed on January 6th, 2023, which he also referred to. The WCD Ministry of the Government of India also confirmed that explicit instructions have been given not to demand Aadhaar cards in order to recognise rights for children between the ages of 0 and 6 years. The Court did observe, however, that they were unable to rule out the prospect of a kid or adult older than 6 years (or any person older than 6 years) being barred from the PDS system if they did not have an Aadhaar card or a mobile phone.
Judgment
The Court reminded the State and Union Governments that the welfare schemes are meant to meet the needs of the most vulnerable and poor sections of society who can never be excluded from the list of beneficiaries on the basis of not having an Aadhaar card or mobile number. The Court took note of the unfortunate events that occurred in the Danagadi Block in the Jajpur district, which were the subject of the PIL.
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JUDGEMENT REVIEWED BY HARSHEEN KAUR LUTHRA, RGNUL, PUNJAB
