Govt obliged to give free meal to children, pregnant women and lactating mothers: HC

Also says linking Aadhaar for availing free meal scheme not mandatory for kids

Observing that the Anganwadi workers play a vital role, the Bombay High Court recently held that the Maharashtra government is under constitutional obligation for providing a free meal to children, pregnant women and even lactating mothers in remote areas. The HC also expressed shock on a large number of vacancies in Anganwadi Centres (AWCs) across Maharashtra.

A division bench of Justices Abhay Oka and Mahesh Sonak also quashed a government notification which made linking of Aadhaar card of children, mandatory for availing subsidiary schemes.

The bench said, “It is apparent that AWCs play a vital role especially in the implementation of the Integrated Child Development Scheme (ICDS) which provides a free nutritious diet for children, pregnant women, lactating mothers and even adolescent girls.”

“As far as the notification makes mandatory, the linking of Aadhar the Anganwadi children, we believe it will defeat the very object of ICDS. This direction means that the children who are otherwise entitled to the benefits of the ICDS, will be deprived of the said benefits if they do not possess Aaadhar card, thus the same is set aside,” Justice Oka said. The bench was seized with a batch of pleas filed by Anganwadi workers challenging a notification issued by the government with several directions, one of which was to mandate linking of Aadhar. The pleas also highlighted the large number of vacancies across the state in AWCs.

The bench had accordingly asked the concerned officers to file a detailed affidavit spelling out the exact number of vacancies in the AWCs.

Pursuant to the directions, an affidavit was filed by the concerned department which stated that there are at least 6584 vacancies in AWCs across Maharashtra. The affidavit further stated that the government has decided to fill in only 1744 posts. Having perused the affidavit, Justice Oka said, “The affidavit discloses the shocking state of affairs. There are total 6584 posts vacant across Maharashtra. The affidavit records a strange stand by the government that vacancies in Anganwadis only in tribal areas will be filled in by November 30. The government does not intend to fill in other vacant posts. Thus, out of 6585 vacant posts, assurance is given to fill in only 1744 posts.”

Justice Oka further said, “It is impossible for AWCs to function without sufficient staff. We, therefore, direct the government to submit a timebound program for filling the remaining posts as filling in the remaining posts is absolutely necessary for effective implementation of ICDS.”

“We make it clear that our earlier orders regarding the obligation of the government to implement the ICDS scheme, will continue to operate with all force and any breach thereof will not be tolerated,” Justice Oka warned.