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Civil Law

Pending Ration Cards, No Reason for Denying Food Allowance

 31-Jul-2023

Why in News?

The Delhi High Court has directed the Delhi Government that a survey be conducted for all pending applications in regard of ration cards and decide if the persons will be entitled to receive the food security allowance in the matter of Shabnam v. Government of NCT of Delhi & Ors and other connected matter.

Background

  • The court was hearing pleas moved by two women seeking directions to Delhi Government to approve their applications for issuance of ration cards.
  • They also prayed for payment of food security allowance.
  • Section 8 of the National Food Security Act, 2013 states that in case of a non-supply of foodgrains or meals to entitled persons, they shall be entitled to receive food security allowance from the State Government within the time and manner as may be prescribed by the Central Government.

Court’s Observations

  • Justice Subramonium Prasad of Delhi High Court gave directions to complete the exercise as expeditiously as possible and has sought a status report on the same.
  • The Court further stated while listing the matter for hearing in October “Needless to state that it is well settled that if a person comes to a Court and gets a declaration of law in his favour, it is expected that the State shall extend the benefit to all similarly placed persons without them having to approach the Court”.

Ration Cards and Distribution Agency

  • Ration cards are an official document issued by State Government in India to households that are eligible to purchase subsidized food grain from the Public Distribution System.
  • The Department of Food & Supplies, Govt. of Delhi, manages Public Distribution System (PDS) in Delhi for regulating production, supply and distribution of trade and commerce in essential commodities with a view to maintain or increase supplies thereof and secure their equitable distribution
  • The Department was established in 1962 and it implements the legislation National Food Security Act, 2013.
  • The Highly subsidized Food Grains as prescribed under Act are being supplied every month to eligible households.
  • Under National Food Security Act, 2013 there are two types of Ration Cards:
    • Priority Household (PHH) ration cards are issued to households that meet the eligibility criteria set by their state government.
    • Antyodaya Anna Yojana (AAY) ration cards are issued to "poorest of poor" households.

One Nation One Ration Card

  • "One Nation, One Ration Card" was introduced in 2018 and is an Aadhaar-based national ration card portability scheme to ensure food security for all including internal migrants within India.
  • It uses beneficiary's Aadhaar card for the online verification of the beneficiary and enables migrant workers and their family members to access PDS benefits from any Fair Price Shop anywhere in the country, thus ensuring the food security through the inter-state portability of ration cards.

National Food Security Act, 2013

  • The National Food Security Act 2013 aims to provide subsidized food grains to approximately two thirds of the country's 1.4 billion people.
  • Schemes such as the Mid-Day Meal Scheme (MDMS), the Public Distribution System (PDS), and the Integrated Child Development Services (ICDS) are included under the Act.
  • Mid-Day Meal Scheme - It is the largest school feeding programme of its kind in the world, covering students enrolled in government schools from Classes 1 to 8 under the Ministry of Education.
  • Integrated Child Development Services – This flagship programme of the Government launched in 1975, aims at providing supplementary nutrition, immunization and pre-school education to the children is a popular flagship programme of the government.

Constitutional Law

5% Reservation for Differently Abled in Educational Institutions

 31-Jul-2023

Why in News?

  • A bench of Chief Justice of Delhi High Court Satish Chandra Sharma and Justice Saurabh Banerjee has asked the Government of Delhi to ensure the adherence to mandate of the Right of Persons with Disabilities Act, 2016 (RPWD).
    • The mandate calls for the allotment of 5% of reservation for differently abled candidates in all educational institutions.

Background

  • The plea was filed by a non-governmental organization, Justice For All against Guru Gobind Singh Indraprastha University to reserve seats for differently abled in accordance with law.
  • In May 2023, the High Court has passed an interim order directing the university to provide reservations to disabled candidates for admission in the current academic year.
  • The petitioner alleged that the university was providing 3% reservation quota.
  • Subsequently, the petitioner moved the contempt application stating that the university did not adhere to the interim order.
  • However, the court closed the proceedings after the university filed an affidavit stating that it was providing a 5% reservation.

Court’s Observation

The court observed that the Delhi Government and University shall make all possible endeavor for filling up the seats meant for the specially-persons by providing reservation to all categories of specially abled persons.

Right of Persons with Disabilities Act, 2016 (RPWD)

  • The Act was enacted on 28 December 2016 which came into force on 19 April 2017.
  • The Act casts responsibility upon the appropriate governments to take effective measures to ensure that the persons with disabilities enjoy their rights equally with others.
  • The Act mandates 5% reservation in seats in Government and Government aided higher educational institutions for persons with benchmark disabilities.
  • The Act provides for penalties for offences committed against persons with disabilities.

Position in the Constitution of India, 1950

  • Article 41 of the Directive Principles of State Policy (DPSP) states that State shall make effective provision for securing right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, within the limits of its economic capacity and development.
  • The subject of ‘relief of the disabled and unemployable’ is specified in state list of the Seventh schedule of the Constitution of India.

Interim Order

  • According to Section 2 (14) of the Code of Civil Procedure, 1908 (CPC) the word "order" means the formal expression of any decision of a Civil Court which is not a decree.
  • Interim Orders are temporary orders by the court to maintain the status quo until the trial ends and also to ensure that no party is harmed by the action of the other party until the suit is finally decided.
  • There are two types of interim orders:
    • Directive Order– The courts issue a directive order to direct either party to act in a specific way until the suit is pending.
    • Restraining Order– The courts issue a restraining order to prevent any of the parties from acting in a specific way until the trial ends or a further order is issued.