The Centre said there are already state government schemes in this regard.
The Supreme Court lashed out at the Centre today over the delay in drawing up a scheme in response to a plea seeking community kitchens across India to combat hunger. Chief Justice of India NV Ramana said: "Every welfare state's first responsibility is to provide food to people dying due to hunger" and expressed doubt about the Centre's intention to implement the scheme.
On October 27, the court asked the Centre to come out with policy decisions on the scheme.
During today's hearing, the Bench expressed displeasure over Centre's affidavit being filed by an Under Secretary instead of an official with the rank of Secretary from the Ministry of Food and Consumer affairs. The court was also unhappy that the affidavit did not mention that the Centre was ready to implement the scheme.
Chief Justice of India NV Ramana said: "We have doubt that you have any intention to implement the scheme. Your affidavit doesn't indicate anywhere that you're considering forming a scheme. That isn't there. So far, you are only extracting information from states. You had to give suggestions on implementation of scheme, not just collect information like the Police. This is the last warning I'm going to give to the Government of India. Your Under Secretary filed the affidavit! Your responsible officer can't file this affidavit? How many times we've said the responsible officer is supposed to file the affidavit."
Justice Hima Kohli said, "You have filed a 17-page affidavit and not a whisper in it on how you are going to implement the scheme".
Additional Solicitor General Madhavi Divan, who was appearing for the Centre, said there are already state government schemes in this regard and they should be given consideration.
When the court insisted that a common scheme was needed, Attorney General KK Venugopal said a scheme could be worked out under the National Food Security Act. The court then gave the Centre a last chance to frame a scheme within three weeks in consultation with states.
Lawyer Ashima Mandla who appeared for the petitioners suggested that they have proposed a model regarding the scheme and it should be considered by the Centre. The CJI then asked the Centre to consider that model during the meetings with states.
Lawyer Ashima Mandla, while speaking to NDTV, said according to their model, the number of proposed kitchens is considered to be based on the population at block-level and the number of kitchens throughout the country could approximately be around 13.5 lakh.
"Every welfare state's first responsibility is to provide food to people dying due to hunger. If you want to take care of hunger, no constitution or law will say no. This is the first principle. Our aim is to curb immediate hunger issues and to protect people dying of hunger. We are not concerned with issues like international malnutrition index," the Chief Justice said.
A bench of Justices Ramana, AS Bopanna and Hima Kohli was hearing the matter.
The PIL filed by social activists Anun Dhawan, Ishann Dhawan, and Kunjana Singh had sought directions to all the states and Union Territories to formulate a scheme for community kitchens to combat hunger and malnutrition. The plea had claimed that many children under the age of five die every day due to hunger and malnutrition and this condition was violative of various fundamental rights, including the right to food and the life of citizens.