IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12293 of 2021

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Kamlesh Chandra Lal @ Kamlesh Chandra S/o-Saty Narayan Lal, Resident

of Ayodhya Prasad Lane, Motijheel, P.S.-Town, Dist-Muzaffarpur, Bihar-

842001

... ... Petitioner/s

Versus

1.The Union of India through the Secretary, Ministry of Social Justice and

Empowerment, Govt. of India, New Delhi.

2.The Secretary, Ministry of Social Justice and Empowerment, Govt. of India,

New Delhi.

3.The Chief Secretary, Government of Bihar, Main Secretariat, Patna-800015.

4.Principal Secretary, Food and Consumer Protection Department,

Government of Bihar, Old Secretariat, PO-Sachivalaya, Patna-800015.

5.Additional Chief Secretary, Social Welfare Department, Government of

Bihar, Main Secretariat, Patna-800015.

6.District Magistrate, Darbhanga.

7.District Magistrate, Patna.

8.District Magistrate, Chapra.

9.District Magistrate, Kishanganj

10.District Magistrate, East Champaran.

11.Bihar State Legal Service Authority through its Member Secretary, Budh

Marg, Opp. Museum, Patna- 800001.

12.The Member Secretary, Bihar State Legal Service Authority, Patna.

13.The Secretary, Ministry of Health and Family Welfare, Government of India.

... ... Respondent/s

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Appearance :

For the Petitioner/s: Mr. Akash Keshav, Advocate

Ms. Akanksha Malviya, Advocate

Mr. Deepak Kumar Singh, Advocate

Mr. Vishal Kumar Singh, Advocate

For the Respondent/s: Dr. K.N. Singh (ASG)

Mr. Manoj Kumar Singh, CGC

Mr. Pawan Kumar, A.C. to AG

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Patna High Court CWJC No.12293 of 2021 dt.26-10-2021

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE A. M. BADAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 26-10-2021

From the submissions made, this Court is called

upon to decide the following questions:-

(i) Whether a person inflicted with physical disability

arising out of Leprosy can be denied his

constitutional and statutory right to food?

(ii) Whether non-preparation of ration cards, more so

by the vulnerable groups, as a ground for denial of

ration can be countenanced under the provisions of

the National Food Security Act, 2013?

2. The counsel on behalf of the petitioner has put

forward before us the dilemma faced by individuals suffering

from Leprosy in the State of Bihar. Counsel sets forth a

staggering statistic- The State of Bihar has more than 11,000

cases. Leprosy patients result in a prevalence rate of 1.12 per

10,000 cases, accounting for 14% of total leprosy cases in the

country.

3. During the incumbent Pandemic, individuals

afflicted with Leprosy are particularly suffering because of their

evident state of affairs. This mere fact testifies individuals

suffering from the said curable disease were unable to avail the

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most basic amenities under the Public Distribution System

(PDS) in districts of Bihar such as Patna, Darbhanga,

Kishanganj, Chpara and East Champaran. The petitioner

contends that the device intended to streamline the Public

Distribution System has hindered access to food to some in the

opposite effect. While some affected families opted for

nominees within the family, the struggle continues for those

who do not have a suitable member. In contrast, others are

confused about nominating someone from within the family for

various other reasons, including awareness and easy access.

4. Moreover, in many cases, nominees do not turn

up when they need the ration, thus rendering the nutritional

needs of the patients unfulfilled. Also, several people suffering

from this disease are denied the ration as their finger-prints do

not match. The petitioner has presented before this Hon'ble

Court a list of names of individuals who cannot avail benefit

under the PDS. Four persons in Patna, Twelve in Darbhanga,

Eleven in Kishanganj, Thirteen in East Champaran and one in

Chapra suffering from Leprosy who are not able to avail such

benefits.

5. The Government contends that it is fully

conscious of its responsibility and committed to issuing ration

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cards and making available foodgrain ration under the National

Food Security Act, 2013 as well as “Pradhan Mantri Garib

Kalyan Ann Yojna”, submitting that since the beginning of the

Pandemic, it has issued over 31,00,000 (approx.) new ration

cards.

6. Objections were raised on the introduction of

compulsory biometric authentication, which facilitates, amongst

others, the following:- (I) Inter and Intra-State portability of

Ration card; (II) Functioning of One Nation One Ration Card;

(III) Complete prevention of leakage and pilferage of food

grains; (IV) Empowerment of Targeted Public Distribution

System consumers and liberation of these consumers from the

shackles of unscrupulous PDS dealers.

7. However, on the directions of the Hon'ble

Supreme Court, the State Government is implementing the

Scheme of One Nation One Ration Card, recognizing the need

of migrant families to get the food grains at the places where

they work. This Scheme is implementable without making

Aadhaar based biometric authentication on an electronic Point

of Sales (ePoS) device. To eliminate hardship, all e-PoS

machines have an eye scanner that functions with 100%

accuracy in the Aadhar-based identification of beneficiaries.

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During the last four months, on an average 7,39,993 ration card

holders have availed foodgrains through the iris scanner.

8. That apart, by way of abundant caution, all

beneficiaries suffering from Leprosy are allowed to nominate a

government or semi-government official of the State for

biometric authentication. It is submitted that the facility of

nominees has worked very well, and till the filing of reply,

14,000 nominees (approx.) stood appointed. It is further

submitted that the concerned officers have been ensuring the

availability of foodgrains to every eligible household, ensuring

that none suffers on account of this technical requirement.

9. In response to a Court query about the averments

made in paras 17-20 of the petition, the State avers that the Food

and Consumer Protection Department, Government of Bihar,

Patna has tried to make available the food grains under NFSA to

every eligible household, including those afflicted with Leprosy.

This is why even petitioners could refer to only forty-one

names, who allegedly had not received the share of foodgrains.

Even concerning them, twenty-two are getting regular rations,

and eight persons are not traceable. The remaining ration cards

will be issued within three days, with the local authorities

already identifying them.

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LAW ON THE ISSUE

10. There have been numerous International

Conventions on the issue relating to the Right to Food. India is

also a signatory to several of these International Instruments. In

light of Article 51(c) of the Constitution of India, the

Government is obligated to enforce the International Covenants;

it is a signatory to. Foremost amongst them is the Universal

Declaration of Human Rights, and Article 25 whereof states

that,

“Everyone has the right to standard of living

adequate for the health and well-being of himself

and of his family including food, clothing, housing

and medical care and necessary social services and

the right to security in the event of unemployment,

sickness, disability widowhood, old age or other

lack of livelihood in circumstances beyond his

control”

11. Furthermore, Article 11 of the International

Convention on Economic, Social and Cultural Rights states that,

“1. The States Parties to the present

Covenant recognize the right of everyone to an

adequate standard of living for himself and his

family, including adequate food, clothing and

housing, and to the continuous improvement of

living conditions. The States Parties will take

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appropriate steps to ensure the realization of this

right, recognizing to this effect the essential

importance of international co-operation based on

free consent.

2. The States Parties to the present

Covenant, recognizing the fundamental right of

everyone to be free from hunger, shall take,

individually and through international co-operation,

the measures, including specific programmes,

which are needed:

(a) To improve methods of production,

conservation and distribution of food by making

full use of technical and scientific knowledge, by

disseminating knowledge of the principles of

nutrition and by developing or reforming agrarian

systems in such a way as to achieve the most

efficient development and utilization of natural

resources;

(b) Taking into account the problems of both

food-importing and food-exporting countries, to

ensure an equitable distribution of world food

supplies in relation to need.”

12. The Committee on Economic, Social and

Cultural Rights (Committee on ESCR) (General Comment 12 of

1999) states that,

“The right to adequate Food is realised when every

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man, woman, and child, alone or in community

with others as physical and economic access at all

times to adequate food or a means for its

procurement” (Para 6)

13. In Ahmedabad Municipal Corporation v.

Nawab Khan Gulab Khan, (1997) 11 SCC 121, the Court

recognized the existence of an obligation upon the State

machinery imposed by Article 11(1) of the International

Covenant on Economic, Social and Cultural Rights, prescribing

that State parties to the Covenant recognise everyone has a right

to a standard of living for himself and his family including food,

clothing, housing and to the continuous improvement of living

conditions.

14. On the constitutional front, the Right to Food is

inherent in life with dignity under Article 21. This when read

with Article 47 of the Constitution provides a comprehensive

understanding of the right to food. It spells out the duty of the

State to raise the nutrition level and standard of living of its

people as a primary responsibility.

15. The Hon’ble Supreme Court in Francis

Coralie Mullin v. Administrator, Union Territory of Delhi

and Ors., (1981) 1 SCC 608, held as under:-

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“We think that the right to life includes the right to

live with human dignity and all that goes along

with it namely the bare necessities of life such as

adequate nutrition clothing and shelter and

facilities for reading writing and expressing oneself

in diverse forms freely moving about and mixing

and commingling with fellow human beings”.

(Emphasis supplied)

16. Further in Shantistar Builders v. Narayan

Khimalal Totame and Ors, (1990) 1 SCC 520, the Court held

that:-

“Basic need of men have traditionally been

accepted to be three- food, clothing and shelter. The

right to life is guaranteed in any civilized society

that would take within its sweep the right to food,

the right to clothing and the right to decent

environment and reasonable accommodation to live

in.”

(Emphasis supplied)

17. A pertinent paragraph from Chameli Singh v.

Uttar Pradesh, (1996) 2 SCC 549 reads as under:

“In any organised society, right to live as a human

being is not ensured by meeting only the animal

needs of man. It is secured only when he is assured

of all facilities to develop himself and is freed from

restrictions which inhibit his growth. All human

rights are designed to achieve this object. Right to

live guaranteed in any civilised society implies the

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right to food, water, decent environment, education,

medical care and shelter. These are basic human

rights known to any civilised society. All civil,

political, social and cultural rights enshrined in the

Universal Declaration of Human Rights and

Convention or under the Constitution of India

cannot be exercised without these basic human

rights…”

(Emphasis supplied)

18. On the issue related to the Right to Food, the

Hon'ble Supreme Court in PUCL v. Union of India & Other,

(2004) 12 SCC 108, explicitly held that every single individual

has a Constitutional Right to Food. It further determined a basic

nutritional floor for India’s impoverished millions, reminding

the Government of India of its responsibility to bear, as a

welfare State.

19. In Lala Ram v. Union of India, (2015) 5 SCC

813, Hon’ble Supreme Court opined that a welfare State denotes

a concept of Government, in which the State plays a key role in

the protection and promotion of the economic and social well

being of all of its citizens. Article 38 and 39 of the Constitution

of India provide that the State must strive to promote the

welfare of the people by protecting all their economic, social

and political rights. This may include equitable distribution of

wealth and equal opportunities and public responsibilities for all

those, who are unable to avail for themselves minimal

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provisions for a decent life, and a welfare State must attempt to

provide all facilities for decent living, particularly to the poor,

the weak, the old and the disabled, i.e. to all those who

admittedly belong to the weaker sections of society.

20. Recently, in the landmark judgment in K.S.

Puttaswamy vs. Union of India, (2017) 10 SCC 1, the Hon’ble

Supreme Court said “..India is a responsible member of the

international community and the Court must adopt an

interpretation which abides by the international commitments

made by the country particularly where its constitutional and

statutory mandates indicate no deviation.”

21. A co-ordinate Bench of this Court noted in

Parul Prasad v. State of Bihar and Ors. (CWJC No.5609 of

2020) that,

"The Pandemic has brought great hardships for the

people, including loss of livelihood to a large

number of people who now require assistance for

their daily food and essential supplies.

Undoubtedly, every person has a right to receive

effective help, which ensures to them a right to life

and livelihood guaranteed under Article 21 of the

Constitution."

22. The National Food Security Act, 2013 (NFSA)

is the primary legislation dealing with the right to food and

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adequate nutrition in India. The very intent of NFSA is to

provide for food and nutrition security in the human life cycle

approach by ensuring access to sufficient quantities of quality

food at affordable prices for people to live a life with dignity.

Relevant Sections of the NFSA read as follows:-

“3. (1) Every person belonging to priority households,

identified under sub-section (1) of Section 10, shall be

entitled to receive five kilograms of foodgrains per

person per month at subsidised prices specified in

Schedule I from the State Government under the

Targeted Public Distribution System:

Provided that the households covered under

Antyodaya Anna Yojana shall, to such extent as may

be specified by the Central Government for each State

in the said scheme, be entitled to thirty-five kilograms

of foodgrains per household per month at the prices

specified in Schedule I:”

(Emphasis supplied)

“10. (1) The State Government shall, within the

number of persons determined under section 9 for the

rural and urban areas, identify—

(a) the households to be covered under the Antyodaya

Anna Yojana to the extent specified under sub-section

(1) of section 3, in accordance with the guidelines

applicable to the said scheme;

(b) the remaining households as priority households to

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be covered under the Targeted Public Distribution

System, in accordance with such guidelines as the

State Government may specify:”

(Emphasis supplied)

23. About NFSA, the Hon’ble Apex Court in

Bandhua Mukti Morcha v. Union of India, 2021 SCC Online

SC 441, stated the duty of the State concerning migrant labours

as follows:

"24. Those migrant workers, who possess the

ration card and are covered under the National Food

Security Act, 2013 can avail the dry ration utilising

their card even in the State where they have migrated

for work. Real difficulty arises with regard to migrant

workers who do not possess any card issued under

National Food Security Act or even by respective

States. There is a large number of such migrants who

do not possess any card. Their above disability is due

to their poverty and lack of education but the State

cannot abdicate its duty towards such persons,

especially in the wake of the Pandemic and the events

where large numbers of migrant workers are not able

to get jobs which may satisfy their basic needs."

24. Further, in para 80 of the Opinion, Hon’ble

Apex Court issued the following directions:

“80. In view of the foregoing discussions and

our conclusions, we dispose of the writ petitions

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with the following directions:—

(i) It is directed that the Central Government

to develop the Portal in consultation with National

Informatics Centre (NIC) for registration of the

unorganized labourers/migrant workers. We also

impress upon and direct that the Central

Government as well as the respective States and the

Union Territories to complete the process of Portal

for registration under National Data Base for

Unorganised Workers (NDUW Project) as well as

implement the same, which by all means may

commence not later than 31.07.2021. We also

impress upon and direct that the process of

registration of the unorganized labourers/migrant

workers is completed at the earliest, but no later

than 31.12.2021. All the concerned States/Union

Territories and the Licence Holders/Contractors

and others to cooperate with the Central

Government to complete the process of registration

of migrant workers and unorganized labourers so

that the benefits of the welfare schemes declared by

the Central Government/State Governments/Union

Territories be available to migrant workers and

unorganized labourers for whose benefits the

welfare schemes are declared.

(ii) The Central Government having

undertaken to distribute additional quantity of

foodgrains as demanded by the States/Union

Territories for distribution to migrant labourers

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under some Scheme framed by the States, we direct

the Central Government, Department of Food and

Public Distribution (Ministry of Consumer Affairs,

Food and Public Distribution) to allocate and

distribute foodgrains as per demand of additional

foodgrains from the States for disbursement of dry

foodgrains to migrant labourers.

(iii) We direct the States to bring in place an

appropriate scheme for distribution of dry ration to

migrant labourers for which it shall be open for

States to ask for allocation of additional foodgrains

from the Central Government, which, as directed

above, shall provide the additional foodgrains to

the State. The State shall consider and bring an

appropriate Scheme, which may be implemented

on or before 31.07.2021. Such scheme may be

continued and operated till the current Pandemic

(Covid-19) continues.

(iv) The States, who have not yet

implemented “One Nation One Ration Card”

scheme are directed to implement the same by not

later than 31.07.2021.

(v) The Central Government may undertake

exercise under Section 9 of the National Food

Security Act, 2013 to re-determine the total number

of persons to be covered under the Rural and Urban

areas of the State.

(vi) We direct all the States/Union Territories

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to register all establishments and license all

contractors under the Act, 1979 and ensure that

statutory duty imposed on the contractors to give

particulars of migrant workers is fully complied

with.

(vii) The State/Union Territories are directed

to run community kitchens at prominent places

where a large number of migrant labourers are

found for feeding those migrant labourers who does

not have sufficient means to procure two meals a

day. The running of the community kitchen should

be continued at least till Pandemic (Covid-19)

continues."

25. It is the considered opinion of this Court that

the same duty of the State is extended to persons falling within

vulnerable groups and their disability should not hinder

fulfillment of the basic needs qualifying the right to life with

dignity.

26. The Hon'ble Supreme Court in Pankaj Sinha v.

Union of India, (2014) 16 SCC 290, had noted that Leprosy

still remains a stigmatic Disease in the society due to apparent

lack of empathy from the concerned authorities. The Court

noted that:-

"... Leprosy as a disease has been

scientifically and medically proven to be durable

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and manageable with MDT, yet the fact remains

that millions of people and their family members

still suffer from Leprosy and the social, economic

and cultural stigma attached to the said disease.

This fact reveals the lack of awareness and the

prevailing misguided notions in the society

pertaining to Leprosy. Further, the miserable plight

of the persons afflicted with Leprosy does not end

here. It has been highlighted that due to the

disability that entails as a result of the disease, the

people affected by Leprosy suffer additional

discrimination in the form of denial of access to

health services, education and livelihood options.

At present, majority of the populace which is

afflicted with Leprosy live as a marginalized

Section in the society deprived of even basic

human rights which manifestly results in violation

of the fundamental right to equality and right to

live with dignity."

“This is a cause which can be taken on a

priority basis by the States, for what has been

agitated before us is that Leprosy, as of today, is

curable. Yet, because of apathy shown by the

concerned authorities, it still remains a stigmatic

disease in the society. It is inconceivable as it

affects the human dignity and the basic concept of

humanness.”

27. This very Court in Sam Utthan v. Union of

India, (CWJC No. 5631 of 2020) already issued directions for

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providing Leprosy patients and their family members in the

State with cooked food or grains, drinking water and other

eatables essential for survival, regularly with medical facilities

and sanitation. Moreover, the High Court expected that the

Government would ensure drinking water supply and payment

under different schemes to patients suffering from Leprosy

without obtaining thumb impressions whose thumbs have

become non-functional.

28. Hon’ble Apex Court in K.S Puttaswamy

(Supra) said “Denial of benefits arising out of any social

security scheme which promotes socio -economic rights of

citizens in violative of human dignity and impermissible under

our constitutional scheme”.

29. Questions of law are answered as under:-

(a) None, including persons who have disability,

including inflicted with the disease of Leprosy, can

be denied their right to food as mandated under the

Constitution and other Statutory Laws of the Land;

(b) Non-preparation of Ration Cards cannot be grounds

for denying ration to persons with a disability.

30. Further, this writ petition is disposed of with

the following directions:-

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(i) The State must take all possible effort to ensure that

benefits of social security provisions, be it a Statute

or schemes, reach those who are the most

vulnerable.

(ii) While Hon'ble, the Supreme Court has recognised

the importance of one Nation one Aadhar Card

scheme, but the State must ensure that its absence

does not preclude vulnerable people from receiving

benefits, thus adversely affecting their health and

undermining the constitutional goals.

(iii) As noted by the Hon’ble Supreme Court, in

Pankaj Sinha (Supra), Leprosy's stigma is still

considerable. The State must actively endeavour to

introduce awareness and sensitization programs,

facilitating the assimilation of those afflicted with

the same back into the society as equal contributing

individuals to lead a life of respect and dignity.

(iv) The State to take expeditious steps in verifying the

individuals' conditions, as highlighted by the

petitioner. Further, ensuring prompt and suitable

resolution to their problems.

(v) The State must take suitable action at the earliest

about the guidelines laid down by the Hon’ble

Court in Bandua Mukti Morcha (Supra)

concerning persons with disabilities.

31. We place on record our appreciation for the

public-spirited petitioner and all the learned counsel who aided

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the Court in this matter.

32. The writ petition stands disposed of with the

observations above and directions.

33. Interlocutory Application(s), if any, shall stand

disposed of.

PKP/Amrendra

(Sanjay Karol, CJ)

(A. M. Badar, J)

AFR/NAFR AFR

CAV DATE

Uploading Date 23.11.2021

Transmission Date