People'S Union For Civil Liberties vs Union Of India & Ors

Union of India & Ors. ....Respondents

JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Heard learned counsel for the parties. It has been submitted by

learned counsel for the Union of India that keeping in view the orders

passed by this Court on several dates, several actions have been

taken, which substantially comply with the directions given by this

Court.

2. Colin Gonsalves, Sr. counsel on the other hand stated that though

there has been substantial compliance of the directions given by this

court yet there is some reservation about the revised nutritional and

feeding norms for supplementary nutrition in ICDS Scheme. It is

submitted that there is scope of involving contractors in the supplies

which was prohibited by that Court.

3. By affidavit dated 2nd March, 2009, the Union of India has

highlighted several factors which create serious dent against

malnutrition. It is stated that same can be made to achieve a

significant reduction in the rate of malnutrition. The said affidavit

clarifies that these interventions include universalization of ICDS (by

sanctioning 13.80 lakh Anganwadi/ Mini Anganwadi Centres and

20,000 Anganwadis-on-Demand making a total of 14 lakh

Anganwadis/Mini Anganwadi Centres as mandated by this Court)

and, most importantly, reduction in the gap between Recommended

Dietary Allowance (hereinafter referred to as "RDA") and Actual

Dietary Intake (hereinafter referred to as "ADI"). On a careful

consideration of the matter, the Central Government has revised both

the nutritional and feeding norms as well as thee financial norms of

supplementary nutrition under the ICDS Scheme.

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4. It is noted that the nutritional norms have remain unchanged since

inception of the Scheme (in 1975) until a recent comprehensive review by a

Task Force constituted by the Central Government. On the basis of the recommendations of this Task Force, the calorific and feeding norms for supplementary

nutrition in ICDS Scheme in respect of children of all categories below 6 years of age and

pregnant women and nursing mothers have been revised. The Table below shows the old

and revised norms:

Old Norms Revised Norms Category Rate Calories Protein Rate Calories Protein Rs./ per (Cal) (g) Rs./ per (Cal) (g), benefici- benefici ary per ary per day (i) Children below 2.00 300 day 8-10 4.00 500 12-15 3

years (ii)Children 3-6 2.00 300 8-10 4.00 500 12-15

years (iii)Severely 2.70 600 20 6.00 800 20-25

malnourished

children (iv)Pregnant & 2.30 500 20-25 5.00 600 18-20

Lactating (P&L)

mothers

The above revised norms are incorporated in para 8.2(b) of the affidavit.

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5. The Revised Nutritional and Feeding Norms for SNP in ICDS

Scheme circulated vide letter no.5-9/2005/ND/Tech (Vol. II) dated

24.02.2009 states that children in the age group of 6 months to 3 years must

be entitled to food supplement of 500 calorie of energy and 12-15 gm of

protein per child per day in the form of take home ration (THR). For the age

group of 3-6 years, food supplement of 500 calories of energy and 12-15 gm

of protein per child must be made available at the Anganwadi Centres in the

form of a hot cooked meal and a morning snack. For severely underweight

children in the age group of 6 months to 6 years, an additional 300 calories

of energy and 8-10 gm of protein would be given as THR. For pregnant and

lactating mothers, a food supplement of 600 calories of energy and 18-20

gm of protein per beneficiary per day would be provided as THR.

6. The letter dated 24.02.2009 No.5-9/2005/ND/Tech (Vol.II) has been

annexed to the affidavit dated 2nd March 2009 filed by the Union of India. It

is directed that norms indicated in the said letter addressed to all the State

Governments and Union Territories have to be implemented forthwith and

the respective States/UTs would make requisite financial allocation and

undertake necessary arrangements to comply with the stipulations contained

in the said letter.

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7. It is further stated by the Ld. Additional Solicitor General that

Supplementary Nutrition Food (SNP) in the form of THR shall be provided

to all children in the age group of 6 months to 3 years, an additional 300

calories to severely underweight children in the age group of 3 to 6 years,

pregnant women and lactating mothers as per paras 5(c), 5(d) and 5(e) of

the letter dated 24th February 2009. Accordingly all Union Territories and

State Governments are directed to ensure compliance with the

aforementioned stipulations without fail.

8. Further, all the States and Union Territories are directed to provide

supplementary nutrition- in the form of a morning snack and a hot cooked

meal to the children in the age group of 3 to 6 years as per Para 5(d) of the

guidelines contained in the letter dated 24th February 2009 preferably by

31st December 2009.

9. As far as adolescent girls are concerned, they would continue to be

covered by the entitlements of the Nutritional Programme for Adolescent

Girls (hereinafter referred to as `NPAG') and Kishori Shakti Yojana

(hereinafter referred to as `KSY') till such time as a comprehensive

5 universal scheme for the empowerment of adolescent girls called `The

Rajiv Gandhi Scheme for the Empowerment of Adolescent girls' is

implemented within six months from the date of the order.

10. It shall however be ensured that the following direction by order

dated 7th October, 2006 which was reiterated by order dated 13.6.2006

shall continue to be operative.

11. It is pointed out that several States like Andhra Pradesh, Gujarat,

Uttar Pradesh and Nagaland have not met the requisite norms. These States

are directed to take steps as required to be taken.

12. Compliance reports filed by all the States and Union Territories by

15th January, 2010.

13. Put up thereafter.

........................

.....................J. (Dr. ARIJIT PASAYAT)

.............................................J. (S.H. KAPADIA)

New Delhi April 22, 2009

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