Supreme Court: Rush aid to drought zones

The Supreme Court on Friday directed the Centre and state governments not to hide behind the “smokescreen of lack of funds” and ordered wide-ranging relief for drought-affected people in 12 states. These include mid-day meals during the summer vacation, addition of egg or milk to the mid-day meal menu, to universalise foodgrain rations and ensure adequate and timely release of funds for NREGA. It also ordered implementation of crop loss compensation, agricultural loan restructuring and provision for cattle fodder.

These orders were passed on a petition filed by Swaraj Abhiyan. The court delivered the first part of the judgment on Wednesday, where it laid down new principles for the declaration of drought. The court will continue to monitor the implementation of its orders and review it August 1.

A bench of Justices Madan B. Lokur and N.V. Ramana, while taking food security a step forward, accepted the plea by Swaraj Abhiyan that all those living in drought-affected areas should be entitled to the benefits under the National Food Security Act. This means every household in a drought-hit area will be entitled to 5 kg foodgrain per person per month. The existing distinction of “eligible” and “non-eligible” households will no longer apply.

The bench said no one will be denied foodgrains merely because he or she does not have a ration card. Alternative identifications will be accepted. The court tightened the oversight mechanisms prescribed under the National Food Security Act and ordered the appointment of food commissioners and district grievance committees.

Coming down heavily on states like Gujarat and Uttar Pradesh that delayed implementation of NFSA inordinately, the court asked if this was permissible in our constitutional system. The court recommended to every state government that it should take appropriate measures to provide daal and cooking medium (oil), but expressed its inability to issue a binding legal order to this effect.

In a major step to secure nutritional rights of children under stress, the court accepted Swaraj Abhiyan’s plea that the mid-day meal menu be supplemented with one egg or a glass of milk or other nutritional food for five days a week or at least thrice a week. In the drought-hit states, mid-day meals will be offered in schools even in the summer vacation. The court warned the government that “financial constraints shall not be an excuse for not complying” with this order.

On NREGA, the bench directed the Government of India to release to state governments adequate funds under the scheme in a timely manner so that the “workforce” is paid its wages well in time. “It is regrettable that the pending wage bill for 2015-16 was cleared only during pendency of this petition. The Government of India must shape up in this regard,” it said.

The bench passed strictures against the Centre for delays and “pending liabilities”, and over its failure to give due compensation for the delay in payment of wages. The court observed: “This is extremely unfortunate and certainly does not behove a welfare state in any situation, more so in a drought situation. Social justice has been thrown out of the window by the Government of India.”

Here too the court has tightened its oversight mechanism with a Central Employment Guarantee Council and state councils.