The Supreme Court on Tuesday expressed strong displeasure over the Centre's response on framing a pan-India policy to implement the Community Kitchen Scheme and granted it three weeks to hold a meeting with States, saying that a welfare State's first responsibility is to “provide food to people dying due to hunger". A bench comprising Chief Justice NV Ramana and Justices AS Bopanna and Hima Kohli, hearing a PIL seeking directions to the Centre, states and Union Territories (UTs) to formulate a scheme for community kitchens to combat hunger and malnutrition, was irked with the Centre's affidavit as it was filed by an official of the level of an under secretary and did not divulge details about the proposed scheme and its roll out as sought.
"This affidavit does not indicate anywhere that you are considering framing a scheme. You are extracting information. It does not say what fund you have collected and what you are doing etc. We wanted a uniform model from the Centre. You have to ask the states... Not to collect information like police,” the bench said.
"You cannot ask for information which is already available. Do you conclude your affidavit saying you will consider the scheme now. There is not a whisper in your 17-page affidavit,” it said. The apex court then expressed anguish over the filing of the affidavit by an Under Secretary of the Union Ministry of Consumer Affairs, Food and Public Administration. "This is the last warning I am going to give to the Government of India. Your Under Secretary files this affidavit. Why can not a Secretary level officer file the affidavit? You have to respect the institutions. We say something and you write something. This has been told several times earlier,” the bench said.
Initially, the matter was being argued by Additional Solicitor General Madhvi Divan and later Attorney General K K Venugopal stepped in and assured the bench that a meeting would be held by the Centre and a decision taken on the issue and sought four weeks time from the bench. The top law officer said that something can be worked out within the framework of the National Food Security Act.
"The question is simple, last occasion we made it clear unless and until states are involved the Centre can not do anything. So we directed the Centre to call the meeting and frame the policy. The issue is now, make a comprehensive scheme, identify areas where there's immediate need, so it can be uniformly implemented," the CJI said.
"See if you want to take care of hunger, no Constitution or law will say no... This is the first principle: Every welfare state's first responsibility is to provide food to people dying due to hunger," the bench said. Earlier, the bench had asked the Centre to come out with some policy decisions concerning the implementation of the Community Kitchen Scheme by taking into consideration similar schemes which are operational in different States. Advocate Ashima Mandla, appearing for the PIL petitioners, was asked by the bench to prepare a chart of all the states who have filed their replies to the PIL.