Blog

The Orissa high court’s Division Bench of S. Muralidhar (CJ) and G. Satapathy, J adjudicated that failure to possess an Aadhaar Card or a mobile phone or a proper ‘identity’ paper of a particular kind cannot become obstacles to availing the benefits under the Schemes as it can result in a child, or a family being denied the basic support in terms of food and supplements in the case of Mrs. Bahanta Durhy v Jeshmohan (W.P.(C) No. 2348 of 2023).

Facts of the Case:

In the current case, a petition was submitted highlighting the plight of very young children who are suffering from chronic malnutrition, living in semistarvation and prolonged hunger, and many of whom are members of scheduled tribes in the Danagadi Block and mostly from villages in the Jajpur District. They become more susceptible to illnesses as a result, and many have died. Additionally, it was brought out in court that without Aadhar cards, these kids were not eligible for the public assistance program or any other welfare programs. Only 160 out of the 309 residents of Ghatisahi hamlet had Aadhar cards, it was noted, preventing the people from receiving their monthly quotas from the public distribution system.

Judgment

The court took notice of a breakdown indicating that 4 of the 11 children were severely and acutely malnourished, and 3 of the children were moderately acutely malnourished, in the affidavit submitted by the Collector, Jajpur. A female youngster with cerebral palsy and subsequent malnutrition had passed away. The other kids were described as “normal” kids, not belonging to the SAM or MAM groups. The Court further observed that on April 20, 2023, a female kid who had been abandoned by her family was discovered dead. Prior to that, it was claimed that the youngster had received visits from the local Accredited Social Health Activist (ASHA) on two occasions in January and once in February 2023. 

The Public Distribution System (PDS) coverage required by the National Food Security Act of 2013 (NFSA) is not “universal,” according to the Court, even in a district like Jajpur. Using terms like “allocation” and “vacancies” made it clear that not all members of society, especially the most disadvantaged, may be covered by the PDS system. There was a chance that a youngster or pregnant woman in a household in need of such supplements and rations may not be receiving them as the distribution of nutritional supplements and rations only happens through the PDS. Additionally, the Court ordered review meetings to be held by the Secretaries of the Departments of SME, WCD, Health and Family Welfare, Tribal Welfare, and Food and Civil Supplies within one month of the Order’s date. Also instructed to attend the conference were the secretaries of the Odisha State Commission for Women, the Odisha Food Commission, and the Odisha Child Rights Commission. In order to develop an action plan to reach the goals of completely eliminating SAM children in Odisha and reducing MAM children by more than half by the end of 2023, the Chief Secretary of the Government of Odisha was instructed to call the aforementioned meeting within the following month. The Court further highlighted that PILs like the current one should not be seen as “adversarial,” but rather as a chance for everyone to come together and work toward a practical solution to an issue that is recognised.

“Prime Legal is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into the category of the best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer”

JUDGEMENT REVIEWED BY HARSHEEN KAUR LUTHRA, RGNUL, PUNJAB

“Click here to view your judgment”