DIPIKA JAGATRAM SAHANI versus UNION OF INDIA AND ORS.

DIPIKA JAGATRAM SAHANI versus UNION OF INDIA AND ORS.

The Court held that the Centre and the States are constitutionally and statutorily obliged to implement Sections 4, 5 and 6 of the National Food Security Act, 2013 and to meet the nutritional standards in Schedule II; in view of the MWCD guidance of 11.11.2020 all Anganwadi Centres situated outside containment zones must be reopened by States/UTs unless the State Disaster Management Authority directs otherwise, centres in containment zones remain closed until containment continues, and States/UTs must ensure compliance with Schedule II and institute monitoring and district-level complaint redressal mechanisms.

Parties
Petitioner: DIPIKA JAGATRAM SAHANI; Respondent: Union of India
Jurisdiction
India
Judgment Date
13 January 2021
Procedural Posture
Writ Petition (civil) / Judgment
Outcome
Writ petition allowed
Legal Topics
Anganwadi Centres, National Food Security Act, 2013, Integrated Child Development Services, Right to Food, COVID 19 Pandemic
Constitutional Law Administrative Law Child Welfare Public Health Social Welfare Anganwadi Centres National Food Security Act, 2013 Integrated Child Development Services +2 more

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Parties

DIPIKA JAGATRAM SAHANI

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Judgment

Legal Issues

  1. 1 Whether closure of Anganwadi Centres during COVID-19 violated statutory and constitutional obligations under the National Food Security Act, 2013 and the Constitution
  2. 2 Whether Anganwadi Centres outside containment zones should be reopened and under what conditions
  3. 3 Whether States/UTs are fulfilling nutritional standards in Schedule II of the National Food Security Act, 2013 and providing adequate supervision and grievance redressal

Ratio Decidendi

The Court held that the Centre and the States are constitutionally and statutorily obliged to implement Sections 4, 5 and 6 of the National Food Security Act, 2013 and to meet the nutritional standards in Schedule II; in view of the MWCD guidance of 11.11.2020 all Anganwadi Centres situated outside containment zones must be reopened by States/UTs unless the State Disaster Management Authority directs otherwise, centres in containment zones remain closed until containment continues, and States/UTs must ensure compliance with Schedule II and institute monitoring and district-level complaint redressal mechanisms.

Court Disposition

Writ petition allowed

Orders

  • As per guidance note dated 11.11.2020, all States/Union Territories who have not yet opened Anganwadi Centres shall take a decision to open Anganwadi Centres on or before 31.01.2021 situated outside the containment zone.
  • Decision for not opening Anganwadi Centres in any State/Union Territory or any part thereof shall be taken only after the State Disaster Management Authority directs not opening Anganwadi Centres in areas situated outside containment zones.