Reopening Anganwadi Centres: Supreme Court Upholds Right to Nutrition and Child Welfare

The Supreme Court of India in Dipika Jagatram Sahani vs. Union of India & Others addressed a crucial issue concerning child welfare and nutrition during the COVID-19 pandemic. The case, filed as a Public Interest Litigation (PIL) under Article 32 of the Indian Constitution, challenged the closure of Anganwadi Centres across India due to the pandemic, highlighting its severe impact on children, pregnant women, and lactating mothers.

The petitioner sought directions for the immediate reopening of Anganwadi Centres, ensuring the distribution of hot cooked meals and take-home rations in accordance with the National Food Security Act, 2013. The Supreme Court, while emphasizing the government’s constitutional and statutory obligation to provide nutritional support, directed all States and Union Territories to reopen Anganwadi Centres beyond containment zones by January 31, 2021.

Background of the Case

The petitioner, Dipika Jagatram Sahani, contended that Anganwadi Centres play a vital role in providing essential nutrition to children under six years of age, pregnant women, and lactating mothers under the Integrated Child Development Services (ICDS) Scheme. These Centres, operational since 1975, are integral to ensuring food security and preventing malnutrition.

The closure of these Centres due to COVID-19 had resulted in millions of beneficiaries being deprived of their legal entitlement to nutrition under the National Food Security Act, 2013. The petitioner, therefore, sought a writ of mandamus directing the government to:

Reopen all Anganwadi Centres across India.
Ensure the provision of hot cooked meals and take-home rations.
Conduct growth monitoring of children to address malnutrition.
Implement the recommendations of the Right to Food Campaign.

Key Legal Issues Addressed

1. Right to Nutrition and Food Security

The Supreme Court reaffirmed that the right to food and nutrition is fundamental under Article 21 of the Indian Constitution. The Court observed:

“Children are the future of our country, and if there is any stinginess in providing them adequate nutrition, the country as a whole will be deprived of their potential.”

The Court emphasized that the statutory provisions under the National Food Security Act, 2013 mandate the government to provide nutritional support to pregnant women, lactating mothers, and children.

2. Role of Anganwadi Centres

The Court noted that Anganwadi Centres serve multiple purposes, including:

Providing supplementary nutrition.
Growth monitoring and counseling.
Pre-school education for children.
Immunization and referral services.

With the closure of these Centres, these essential services had been disrupted, causing immense hardship to vulnerable groups.

3. Government’s Obligation Under National Food Security Act, 2013

The Supreme Court examined Sections 4, 5, and 6 of the Act, which mandate:

Section 4: Nutritional support to pregnant women and lactating mothers.
Section 5: Nutritional support to children under six years of age.
Section 6: Prevention and management of child malnutrition.

The Court ruled that the government cannot neglect its statutory duty and must ensure compliance with these provisions.

Findings of the Court

1. Impact of Anganwadi Closures

The Supreme Court highlighted the severe impact of Anganwadi closures on millions of children and women. The Court observed that during the pandemic, many families faced financial distress, making nutritional support even more critical.

2. Failure of Some States to Resume Services

The Court examined affidavits submitted by various States and Union Territories. While some states like Meghalaya, Punjab, Rajasthan, and Chhattisgarh had reopened their Anganwadi Centres, others like Assam, Maharashtra, and Tripura had delayed reopening, citing pandemic-related concerns.

The Court clarified that Anganwadi services are essential and must resume immediately outside containment zones.

3. Distribution of Take-Home Rations

Several states claimed to be providing take-home rations. However, the Court noted discrepancies in the quality and quantity of food being distributed. It directed all States and Union Territories to adhere to the nutritional standards prescribed in Schedule II of the National Food Security Act, 2013.

Supreme Court’s Directives

After analyzing the submissions, the Supreme Court issued the following key directives:

Reopening of Anganwadi Centres: All States and Union Territories must reopen Anganwadi Centres outside containment zones by January 31, 2021.
State Disaster Management Authority’s Role: Any decision to keep Centres closed beyond this date must be taken only by the State Disaster Management Authority.
Ensuring Nutritional Standards: All States must comply with the nutritional standards laid down in Schedule II of the National Food Security Act, 2013.
Supervision and Monitoring: A mechanism must be put in place to monitor Anganwadi services and ensure beneficiaries receive the required nutritional support.
Complaint Redressal System: States must establish a complaint redressal system at the district level to address grievances related to food distribution.

Conclusion

The Supreme Court’s ruling reinforces the fundamental right to food and nutrition, particularly for vulnerable sections of society. By directing the reopening of Anganwadi Centres and ensuring adherence to statutory nutritional standards, the judgment upholds the principles of social justice and human dignity.

This verdict serves as a reminder to the government that economic challenges cannot be an excuse for denying basic rights. The proactive intervention by the Court will help millions of children and women regain access to essential nutrition, thereby safeguarding the health and future of the nation.

Petitioner Name: Dipika Jagatram Sahani.
Respondent Name: Union of India & Others.
Judgment By: Justice Ashok Bhushan, Justice R. Subhash Reddy, Justice M.R. Shah.
Place Of Incident: India.
Judgment Date: 13-01-2021.

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