Community Kitchens: SC Imposes Costs Of Rs 5 Lacs On Several States For Failure To File Reply [Read Order]

The bench headed by Justice N V Ramana said those states that file the affidavit by tomorrow will have to pay Rs 1 lakh fine, whereas those who fail to submit it by then will have to pay Rs 5 lakh.

In September last year, the Supreme Court had issued notices on the plea however, till date only five states, viz. Punjab, Nagaland, Karnataka, Uttarakhand and Jharkhand and two Union Territories, viz. Andaman and Nicobar, and Jammu and Kashmir have filed their response.

"It is unfortunate to note that even after lapse of considerable period of time, there is no proper response from the State Governments. In view of the above, we impose costs of Rs.5,00,000/- (Rupees Five Lakhs only) on each State and Union Territory for not filing counter affidavits in the matter," the order read.

We are informed by some of the learned counsel appearing for the States/Union Territories that they are ready with their counter affidavits.
In view of the above, those States/Union Territories counsel, who file their counter affidavits by tomorrow evening, shall have to pay a costs of Rs.1,00,000/- (Rupees One Lakh Only) and rest of the States/Union Territories shall have to pay a costs of Rs.5,00,000/- as stated here-in-above and one weeks' time is granted to them for the purpose.

Community kitchens are institutions that provide cheap or free nutritious food as a service to the general public usually run by religious institutions or by the state. These are viewed as a complement to the existing schemes of the Government for combating hunger and malnutrition in India.

A petition for establishment of the same was preferred by social activists Anun Dhawan, Ishann Dhawan and Kunjana Singh through Advocates Asima Mandla, Fuzail Ahmad Ayyubi and Mandakini Singh, in August last year.

The petition has taken cue from pre-existing and successful run community kitchen services provided by certain state governments such as Amma Unavagam in Tamil Nadu, Annapurna Rasoi in Rajasthan, Indira Canteens in Karnataka, Aam Aadmi Canteen in Delhi, Anna Canteen in Andhra Pradesh, Mukhyamantri Dal Bhat Yojana in Jharkhand and Ahaar Centre in Odisha. These programs were established by these respective states with the same object of combating hunger and malnutrition crisis and providing nutritious food at subsidized rates to the lower socio-economic strata of the society. These are akin to "soup kitchens" of the U.S. and Europe to feed the poor by serving a limited menu of nutritious cooked food at below the market price.

The Petitioners relied on various census and statistical reports to assert that malnutrition and hunger were soaring at an alarming rate in the country, threatening the 'Right to Food' and inadvertently, the 'Right to Life', enshrined under Article 21 of the Constitution. "…referring to the UN World Food Programme, UN WHO: Global Database on Child Growth and Malnutrition, 2006, UN Food and Agriculture Organization: SOFI 2006 Report, it has been reported that 7000 persons (including children) die of hunger every day and over 25 Lakh persons (including children) die of hunger, annually", the petition said.

In this regard, they sought directions to all States and Union Territories to formulate schemes for establishment of community kitchens. They have also prayed for directions to the Central Government to create a national food grid for persons who remain beyond the scope of the Public Distribution Schemes due to homelessness and non-issuance of cards requisite to avail government schemes and subsidies.

The Petitioners also clarified that they did not seek replacement of any of the existing government schemes and rather anticipated these establishments as an added mechanism for provision of nutritious food.

The bench, also comprised by Justice Ajay Rastogi and Justice V. Ramasubramanian, has now posted the matter for February 17.

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