Tardy drought relief irks Supreme Court

The Supreme Court came down heavily on the Central and state governments on Wednesday for their willful disregard of the directions given by the court relating to the implementation of drought relief measures.

A division bench of Justices Madan Lokur and N.V. Ramana repeatedly expressed their displeasure at the gross callousness of the state and Central governments. Justice Lokur observed that the “the law passed by Parliament is being violated with impunity”, and asked additional solicitor general P.S. Narasimha if there was no constitutional remedy in such a situation.

Justice Ramana was dismayed at the “non-serious attitude” of the governments in this matter, and said, “We pass orders, they [state governments] don’t obey and you [Centre] throw your hands up.” He said the court may be left with no option but to appoint court commissioners.

The court asked Swaraj Abhiyan to file a contempt petition against those who have disobeyed the SC verdict on drought relief.

During the hearing of the petition filed by the Swaraj Abhiyan, the Central and 12 state governments were repeatedly exposed for multiple instances of non-observance of the court’s order. Prashant Bhushan, the president of the Swaraj Abhiyan and also the counsel appearing for group, presented the court with evidence that its landmark judgment ordering the universalisation of PDS in drought-affected areas was not implemented by even a single state. The same was the fate of its order of supplementing the mid-day meal scheme with additional milk or eggs.

He said the court’s order on supplying mid-day meal during summer vacation was openly defied by three states. Instead of appointing independent food commissions as mandated under the National Food Security Act, state governments have delegated to consumer redressal forums, women’s commissions and even child protection commissions.

Prashant Bhushan drew the Court’s attention to the prevailing drought conditions in many parts of the country this year as well. At the end of the monsoon season, at least 149 districts of the country are reeling under drought, going by rainfall data of the Indian Meteorological Department. These districts had either a shortfall of 50% in the first two months or 25% or more over the entire 4 months of monsoon.

Justice Lokur observed that it would not allow repetition of the mistakes made in the declaration of drought last year. Justice Lokur mentioned news reports about 500 or 600 mal-nutrition related deaths in Maharashtra. There are similar reports from other states. “Children are dying of mal-nutrition. Does anyone care ” asked Justice Lokur.”

When the Maharashtra counsel told the Bench that he has no instructions on this aspect, the Bench observed “You don’t bother when children die. Your state is not taking any interest and you (advocate) are also not taking any instructions from government. Do you think we are wasting our time and enjoying. You should have come out with instructions.”

Expressing deep anguish at the flagrant violations, the Court expressed strong resolve to ensure that relief granted by the Court to the drought-affected are not denied. Refraining from passing any order today, the Court asked Swaraj Abhiyan the petitioner to bring a contempt petition/affidavit identifying the specific violations of the Court’s orders and the officials responsible for those violations. The Court said it would consider issuing notices to all those guilty of willful and contumacious disregard of the Court’s order and posted the matter for further hearing on October 24.