Title: ARUN DHAWAN V UNION OF INDIA
Citation: WRIT PETITION (CIVIL) NO.1103 OF 2019
Dated on: 22.2.2024
Coram: HON’BLE JUSTICE BELA MTRIVEDHI AND JUSTICE PANKAJ MITTHAL
The Supreme Court decision made by Justices Bela Mtrivedhi and Justice Pankaj Mitthal of India on a writ suit filed by certain social activists seeking directives to adopt the concept of Community Kitchens to battle hunger, malnutrition, and starvation in the country. The Court considered the different initiatives and programs undertaken by the Central and State Governments under the National Food Security Act of 2013, which aims to provide food and nutritional security to the people, and delivered directives accordingly.
Brief facts of the case
The issue arose from a petition under Article 32, which asked the Supreme Court to direct States and Union Territories to establish Community Kitchens to combat hunger. Despite court orders, governments defended existing projects such as the Poshan Abhiyan, underlining their commitment to combating malnutrition and famine. The central government mentioned measures like the Pradhan Mantri Garib Kalyan Anna Yojana and the National Food Security Act of 2013 (NFSA). The petitioners proposed a constitutional duty to maintain fundamental sustainability. The petitioners also sought orders against the National Legal Services Authority for developing a scheme under Article 50(1)A of the Constitution and against the Central Government for establishing a National Food Grid beyond the boundaries of the Public Distribution Scheme.
The governments stated that there had been no reported deaths from famine or malnutrition, emphasizing their commitment to fighting these challenges through current programs. The petitioners contended that, while governments had established numerous plans, they still owed a constitutional duty to secure the basic survival of human life, regardless of whether hunger, malnutrition, or famine resulted in death.
Court Analysis and Judgement
The Supreme Court ruled that, despite the petitioners’ claims and the court’s previous directions, states would not be required to install Community Kitchens. The court noted the comprehensive framework given by the National Food Security Act of 2013 (NFSA), which aims to secure food and nutritional security using a rights-based approach.
It mentioned the many programs already in place, such as Poshan Abhiyan, Mid-Day Meal, and others, which were created to combat hunger and malnutrition. The court recognized the national and state governments’ attempts to execute these initiatives.
In conclusion, the Supreme Court denied the petition, finding that the NFSA offers a strong legislative framework for providing food security and nutritional support. It left space for states to explore.
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Written by- Namitha Ramesh
