KARNATAKA: In the case of Sangeeta Gadagin v. the State Of Karnataka, & C/W Matters. The Karnataka High Court has directed the State Government to take the necessary steps to implement the Integrated Child Development Services Scheme (ICDS Scheme) in the state.
The Court observed that the fundamental right to nutritious food of 50 lakhs beneficiaries in Karnataka, particularly pregnant women, lactating mothers, and children, stands violated
A division bench of Chief Justice Ritu Raj Awasthi and Justice SR Krishna Kumar two orders passed by the state government by which the government had withdrawn the circular dated 02.07.2020, and notification dated May 5, 2021 in regards to the supply of good quality of food items to the beneficiaries under the ICDS scheme by maintaining the prescribed nutritional standards.
The bench said,
“The impugned Government orders dated 15.05.2021 and 20.05.2021 passed by the respondents – State are hereby quashed. The respondents – State are directed to forthwith implement and give effect to the circular dated 02.07.2020 and Government order dated 05.05.2021, issued and passed by the State Government immediately without any further delay.”
Further, it directed,
“The State Government is also directed to take necessary steps to forthwith implement and give effect to the Integrated Child Development Services Scheme (ICDS Scheme) immediately without any further delay, bearing in mind the Central Government Norms dated 24.02.2009 and Rules dated 06.10.2017 and in the light of the report of the technical committee dated 19.08.2021 as well as all other applicable Government Rules, Regulations, Norms, Orders, Circulars etc., in this regard.”
The bench noted that 50 lakh children, pregnant and lactating women are beneficiaries of the ICDS scheme. Under the Supreme Court order, the Mahila Supplementary Nutrition Production Training Centers (for short ‘MSPTCs’) have been established.
“The impugned orders dated 15.05.2021 and 20.05.2021, whereby the circular dated 02.07.2020 and Government order dated 05.05.2021 respectively are sought to be withdrawn are illegal, arbitrary and vitiated and the same deserve to be quashed.” the Court said.
Bench said – The impugned orders dated 15.05.2021 and 20.05.2021, the circular dated 02.07.2020 and order dated 05.05.2021 are sought to be withdrawn, thereby denying more than 50 lakhs beneficiaries in Karnataka, the right to nutritious food, particularly to pregnant women, lactating mothers and children whose fundamental rights under Article 21 of the Constitution of India stands violated.”Â
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