- (1.) Mr. Colin Gonsalves, learned Senior Counsel appearing for the petitioner has handed over to us the Fifth Report of the Commissioners of August 2004. According to learned counsel, in some of the States there is hardly any implementation of the Mid-day Meal Scheme and other schemes as extensively stated in the report. It is further submitted that urgent directions are required to be issued on the basis of the recommendation made in the report so that the schemes can be meaningfully implemented and the benefits of the Scheme reach the downtrodden for whom the schemes have been made from time to time by the Central Government. Copy of the report shall be supplied to such counsel appearing for the State Governments who a may approach Ms. Aparna Bhat, learned counsel within three days. It would be open to the Central Government and/or to the State Governments to respond to the recommendations made and the findings of the report on or before 1-10-2004. We direct the following State Governments to positively respond to the report: 1. Uttar Pradesh 2. Bihar 3. Jharkhand 4. Chhattisgarh 5. Madhya Pradesh 6. Delhi 7. West Bengal 8. Assam 9. Manipur 10. Rajasthan We also expect the Union of India to respond within the stipulated time. List the matter for consideration of the report and hearing on 7-10-2004. Till further orders, the Union of India shall not transfer the Mid-day Meal Scheme to the State Governments. The order shall not be construed to mean that we have restrained the Central Government from transferring funds or grains to the State Governments or restrained the implementation of the schemes by the State Government.
(2.) Further, Mr. Gonsalves has brought to our notice a note which, according to the petitioner has been prepared by its Rajasthan Branch and sets out the details of hunger-related deaths and a situation of nutritional emergency amidst primitive tribes in Baran District of Rajasthan. According to the said note in the month of August 2004, 26 deaths took place in Baran District of Rajasthan as a result of malnutrition and hunger. As per the note, mostly children died on that account. Reference is also made in the note to a special package for tribals announced by the State Government on 15-9-2004 which prominently appeared in major newspapers like Hindustan Times, Dainik Bhaskar, Rajasthan Patrika, etc. The said announcement includes: "100 days 'employment assurance scheme' for one person from every sahariya household in Shahbad and Kishanganj block of Baran District for which the Government has allocated 21.30 crores and 4000 quintals of grain to Baran. Also 100 days 'employment assurance scheme' for one person of every household of the Kathori tribals of Kotra and Jhadol blocks of Udaipur. According to the announcement this scheme is already being implemented. 15,000 families of sahariyas will be taken under Antyodaya Anna Yojana and be provided according to the scheme 35 kg of grain at the h rate of Rs. 2 per kilogram every month, for which an amount of Rs. 2 crores and 90 lakhs has been budgeted by the State Government. 1200 sahariya families will be given economic support for housing facilities."
(3.) We have requested learned counsel appearing for the State of a Rajasthan to seek instructions and file an affidavit of a responsible officer responding to what has been stated in the aforesaid note filed by the People's Union for Civil Liberties dealing specifically as to the State Government's version of the cause of death of so many children within a span of few days in one particular district of the State. If the special package as claimed has been announced in the newspapers for the tribals, it ought to be implemented forthwith without any further delay. The affidavit directed to be filed shall also set out the mode and manner of implementation of the said package. This affidavit shall also be filed by 1-10-2004 so that the matter can be taken up on 7-10-2004.;