PEOPLE'S UNION FOR CIVIL LIBERTIES versus UNION OF INDIA AND ORS.

PEOPLE'S UNION FOR CIVIL LIBERTIES versus UNION OF INDIA AND ORS.

Having found from Commissioners' reports and official data that orders for universalisation of ICDS had not been complied with, with large shortfalls in sanctioned and operational AWCs and under‑utilisation of SNP funds, the Court issued binding directions to the Central Government and State Governments/UTs to sanction and operationalize a minimum of 1.4 million AWCs by December 2008, to maintain and not increase population norms, to allocate and spend specified per‑beneficiary sums for supplementary nutrition (with defined Central contributions), to require personal appearance and affidavits from State Chief Secretaries about SC/ST habitations and decentralisation of SNP, and to report...

Parties
Petitioner: People's Union for Civil Liberties; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
13 December 2006
Procedural Posture
Writ Petition Under Article 32 (public Interest Litigation) / Original Jurisdiction (order Dated 13 December 2006)
Outcome
Court issued directions for universalisation and implementation of the ICDS scheme, directed compliance and reporting, and adjourned the matters to be listed after three months.
Legal Topics
Integrated Child Development Services (icds), Anganwadi Centres (awcs), Supplementary Nutrition Programme (snp), Universalisation and Implementation, State Compliance and Funding
Constitutional Law Administrative Law Child Welfare Social Welfare/public Policy Integrated Child Development Services (icds) Anganwadi Centres (awcs) Supplementary Nutrition Programme (snp) Universalisation and Implementation +1 more

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Parties

People's Union for Civil Liberties

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition Under Article 32 (public Interest Litigation) / Original Jurisdiction (order Dated 13 December 2006)

Legal Issues

  1. 1 Non-implementation of prior Supreme Court orders requiring universalisation of ICDS
  2. 2 Shortfall in number and operationalisation of Anganwadi Centres
  3. 3 Inadequate allocation and utilisation of funds for Supplementary Nutrition Programme

Ratio Decidendi

Having found from Commissioners' reports and official data that orders for universalisation of ICDS had not been complied with, with large shortfalls in sanctioned and operational AWCs and under‑utilisation of SNP funds, the Court issued binding directions to the Central Government and State Governments/UTs to sanction and operationalize a minimum of 1.4 million AWCs by December 2008, to maintain and not increase population norms, to allocate and spend specified per‑beneficiary sums for supplementary nutrition (with defined Central contributions), to require personal appearance and affidavits from State Chief Secretaries about SC/ST habitations and decentralisation of SNP, and to report...

Court Disposition

Court issued directions for universalisation and implementation of the ICDS scheme, directed compliance and reporting, and adjourned the matters to be listed after three months.

Orders

  • Government of India shall sanction and operationalize a minimum of 14 lakh Anganwadi Centres in a phased and even manner starting forthwith and ending December 2008, prioritising SC and ST hamlets/habitations.
  • Government of India shall ensure population norms for opening AWCs are not revised upward; upper limit of one AWC per 1000 population retained and minimum planning population of 300 may be kept in view; rural communities and slum dwellers entitled to an 'Anganwadi on demand' within three months where a settlement...