Morung Express News
Kohima | March 13
The Kohima High Court Kohima Bench, on March 13, granted the Department of Social Welfare (DSW), Nagaland, two weeks to file an affidavit providing details on how the State of Nagaland is utilising the funds disbursed by the Central Government and implementing various schemes (CSS) under the department.
Earlier, on February 28, the Court directed the Department to file a status report while hearing a Public Interest Litigation (PIL) seeking appropriate directions to make provisions according to the Supplementary Nutrition Rules, 2017.
If the Department fails to file an affidavit as directed on February 28, the Director of DSW shall be personally present with all relevant district-wise records relevant to this case to assist the engaged counsel in answering the query of the Court, stated the order issued by the Division Bench of Justices Kalyan Rai Surana and Mridul Kumar Kalita.
The Court also observed that it was “very reluctantly” adjourning the matter on Wednesday after a prayer for adjournment was made on behalf of DSW counsel following a ‘letter of absence’ noted in the Cause list and listed the matter for further hearing on March 27.
In the meantime, the DSW counsel was also instructed to send a copy of the March 13 order to the Director to ensure the latter is notified of the order passed.
Case Background
As per the Court’s record, the PIL has been filed seeking appropriate directions to provide hot cooked meals to pregnant and lactating mothers for a period of 300 days as specified by the Supplementary Nutrition Rules, 2017, among others.
Further, in accordance with the 2017 Rules, the PIL also sought directions on home ration for children between 6 to 36 months for 300 days and the same type of take-home ration to be supplied to malnourished children between 6-36 months with a food supplement of 800 calories and 20-25 grams of protein; to provide morning snacks and hot cooked meals to children from 6-36 months and the same type of take-home ration to be supplied to malnourished children between 6 to 36 months with an additional 300 calories of energy and 8-10 grams of protein in addition to the meal provided.
Besides, it sought the Court’s direction pertaining to Food Security allowances for pregnant women, lactating mothers, and children.
The petitioner also sought provision of kitchen, toilet, and access to drinking water and tap water connection from a reliable source to prevent disruption of cooking meals for eligible persons.
In its February 28 order, the Court recorded from the affidavit filed by CGC (Central Government Counsel) that the Central Government has allocated various funds to the State Government for implementation under the Integrated Child Development Service Scheme (ICDS) and related schemes thereafter.
It also noted “instructions” produced by DSW counsel that the Supplementary Nutrition Rules, 2017 have been implemented by the Department across the State of Nagaland as per the given guidelines.
The instructions also mentioned that the department implements the said Scheme through the Anganwadi Centres, and presently there are 3980 Anganwadi Centres along with 3980 Anganwadi Workers and Helpers.
Under the programme, the instructions informed that the food items supplied/provided through Anganwadi Centres are: (i) take-home 6 months-3 years, lactating mothers and severely malnourished; (ii) Hot cooked meal: 3-6 years (iii) Morning Snacks: 3-6 years.
The programme is being implemented in all the 60 projects of the ICDS, and the total population receiving the food items are 3, 69,738 in 6 months-6 years age group and 41,384 are pregnant and lactating mothers, the Department informed the Court.
Accordingly, the Court posed whether the funds released to the State Government have been “utilised in the manner for which they have been duly allocated and disbursed.”
The DSW counsel requested time to obtain instructions and present them before the Court. The Court gave the counsel till March 13. However, as the State Government failed to comply, the Court extended the submission deadline by two weeks and required the personal appearance of the DSW Director if the directive was not followed.
