The Gauhati High Court directed that both the Central Government as well as the State Government being obligated under the provisions of the National Food Security Act, 2013 and the Rules framed therein under as well as the Integrated Child Development Service Scheme (ICDS) shall provide the necessary facilities in accordance with the provisions of the said Act and Scheme.
The Kohima Division Bench of Justice Devashis Baruah and Justice Susmita Phukan Khaund closed a Public Interest Litigation (PIL) has been filed by the petitioner bringing to the attention of the Court that the respondents have not been adhering to the National Food Security Act, 2013 and the Integrated Child Development Service Scheme which is required to be done so in view of the provisions of the National Food Security Act, 2013 and the Rules framed therein under.
Pursuant to the filing of the PIL, the state respondent who are the implementing agency, have filed a detailed affidavit stating inter alia that in terms with the National Food Security Act, 2013 a Notification dated 04.07.2016, had been issued by the State Government notifying the implementation of the said Act.
It has also been mentioned that consequent thereupon, the State Government has taken up measures to implement the provisions of the said Act.
The Court noted that the ICDS contemplates convergence of service provided by various departments under the State, which includes Social Welfare Department, Finance Department, the Department of Health & Family Welfare, Department of Food & Civil Supplies, Department of School Education, Department of Public Health Engineering, Department of Information & Public Relations, Department of Rural Development, the Nagaland State Social Welfare Board as well as NGOs.
In the said affidavit-in-opposition, details have been given as regards how the delivery of service in terms with the ICDS is being implemented by the various departments. It has been mentioned that the State is implementing the ICDS project through the existing 3455 (three thousand four hundred and fifty-five) Anganwadi Centers and in addition 525 (five hundred and twenty-five) Anganwadi Centers have been sanctioned which are yet to be operationalized. It is also stated that the ICDS Scheme is being implemented in the said Anganwadis with the guidelines issued for Anganwadi Workers and Helpers and the Scheme in general. Under such circumstances it was contended that the allegations in the instant PIL claiming that the ICDS Programme have not been implemented is erroneous. To the said affidavit-in-opposition a reply has been filed by the petitioner on 09.03.2020 stating inter alia stating vaguely that the respondents have failed to effectively implement the said National Food Security Act, 2013 in the Anganwadi Centers.
From the materials on record, more particularly the affidavit which have been filed by the state respondents and the enclosures therein, the Court noted that the State respondents, who are the Nodal Department in respect to the National Food Security Act, 2013 as well as the ICDS have taken steps towards the implementation of the said Act and the Scheme.
“Be that as it may, a perusal of the National Food Security Act, 2013 as well as the ICDS Scheme shows that both the Central Government and the State Government are statutorily obligated to perform its duties in terms with the said Act and Rules framed therein under”, the order read