IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C ) NO. 196 OF 2001
IN THE MATTER OF:
People’s Union for Civil Liberties Petitioner
Versus
Union of India and others Respondents
AFFIDAVIT ON BEHALF OF RESPONDENT No.1,
UNION OF INDIA ,REPRESENTED BY MINISTRY OF WOMEN AND
CHILD DEVELOPMENT
I, K. Rajeswara Rao, Director, Government of India,
Ministry of Women and Child Development, Shastri Bhawan, New Delhi , do
hereby solemnly affirm and state as under:-
1. I state that I am Director, Ministry of Women and
Child Development, Union of India, and as such conversant with the facts
and circumstances of the present case on the basis of information derived
from record.
2. It is most respectfully submitted that the present
affidavit is being filed in compliance with the directions contained in
the order-dated 13.12.2006 passed by this Hon’ble Court. This Hon’ble
Court, by order dated 13.12.2006, issued the following directions to the
Union Government in relation to the Integrated Child Development Services
(ICDS) Scheme:
" (i) Government of India
shall sanction and operationalize a minimum of 14 lakh AWCs in a
phased and even manner starting forthwith and ending December
2008. In doing so, the Central Government shall identify SC and ST
hamlets/habitations for AWCs on a priority basis.
(ii) Government of
India shall ensure that population norms for opening of AWCs must
not be revised upward under any circumstances. While maintaining
the upper limit of one AWC per 1000 population, the minimum limit
for opening of a new AWC is a population of 300 may be kept in
view. Further, rural communities and slum dwellers
should be entitled to an "Anganwadi on demand" (not later than
three months) from the date of demand in cases where a settlement
has at least 40 children under six but no Anganwadi.
The universalisation of the ICDS involves
extending all ICDS services (Supplementary nutrition, growth
monitoring, nutrition and health education, immunization, referral
and pre-school education) to every child under the age of 6, all
pregnant women and lactating mothers and all adolescent girls.
Up to date statistic report to be filed by the
different States, Union Territories and the Central Government."
3. It is respectfully submitted that the Integrated
Child Development Services Scheme [ herein after referred to as ‘ICDS
Scheme’] was introduced in 33 Blocks (Projects) in 1975. It was gradually
expanded to 5652 Projects till the end of IX Five Year Plan. The scheme
was approved for implementation in X Five Year Plan within the existing
5652 Projects with no expansion activity in view of resource constraints.
A copy of the ICDS Scheme is annexed as Annexure R-1.
4. It is respectfully submitted that the ICDS Scheme is
a Centrally-sponsored Scheme wherein the Union Government is responsible
for programme, planning and infrastructure costs and States are
responsible for programme implementation. Till 2004-05, States were also
responsible for providing supplementary nutrition, as per nutritional and
financial norms of the Scheme out of States’ own resources.
Financial norms of supplementary nutrition were revised vide order dated
19.10.2004 and it was also decided that from the year 2005-06, the
Government of India would provide central assistance to States/UTs for
supplementary nutrition also to the extent of 50% of the actual
expenditure incurred or 50% of the cost norms, whichever is less.
Grant-in-aid, for supplementary nutrition, accordingly, is being released
since the last financial year. A copy of the nutritional and financial
norms is annexed as Annexure R-2.
5. It is respectfully submitted that the ICDS Scheme
envisages that, on an average, there will be one Anganwadi Centre for
population of 1000 in a rural/urban project and one for population of 700
in a tribal project, with suitable adjustments, wherever necessary, in the
light of local conditions. The scheme further provides for coverage of
more than one village with small population by one Anganwadi Centre and
for more than one Anganwadi Centre in a village with larger population.
6. It is respectfully submitted that in compliance with
the directions of this Hon,ble Court contained in order dated 29.4.2004,
as regards increasing of the number of Anganwadi Centres as to cover 14
lakh habitations, Union of India represented by Ministry of Women and
Child Development had filed affidavit dated 1.11.2004, in which, inter
alia, it was submitted that the figure of 14 lakh habitations/settlements
mentioned in the order of the Supreme Court appears to have been taken
from the survey conducted by the Department of Drinking Water Supply for
the purpose of providing safe drinking water under its various schemes. It
was further stated that this data appears to be based on the All India
Survey conducted by the Department of Drinking Water Supply in 1991
(revalidated in 1994) and consolidated in 1999. It was also submitted in
the affidavit that the Department of Drinking Water Supply has taken a
population of 250 (50 households of five persons each) for identifying the
number of habitations/ settlements for supply of safe drinking water.
These norms are different from the existing population norms for setting
up of an AWC (700 for tribal areas and 1000 for other areas), stipulated
under the ICDS Scheme. It is pertinent to point out that, subsequently it
was noted that the figure of 14 lakh Anganwadi Centres has been mentioned
in the 5th Report of the Commissioner to the Supreme Court and has been
arrived at by ‘extrapolation’ of data available in the 6th All India
Educational Survey carried out by the National Council for Educational
Research & Training (NCERT) in 1993. The figure of I4 lakh habitations is
mentioned once again in the 6th Report of the Commissioner
dated 19th July, 2006.
7. It is respectfully submitted that there has been a
significant progress in the implementation of the ICDS Scheme during the
last three years pursuant to this Hon’ble Court’s directions in terms of
both, increase in the number of operational projects and Anganwadi Centres
and coverage of beneficiaries. The number of operational projects and
Anganwadi Centres have increased from 4903 and 600391, as on 31.3.2003 to
5724 and 781208 respectively, as on 30.09.2006. The number of
Supplementary Nutrition beneficiaries and pre-school education
beneficiaries have increased from 387.84 lakh and 188.02 lakh, as on
31.3.2003 to 654.65 lakh and 271.28 lakh respectively, as on 30.09.2006.
In compliance with the directions of the Hon’ble Court, a detailed status
report as on 30.09.2006 indicating number of operational Projects/AWCs,
number of beneficiaries etc. , is annexed herein and marked as
Annexure-R-3.
8.It is respectfully submitted that under the ICDS
Scheme, Government of India bears 100% administrative expenditure and on
supplementary nutrition, 50% expenditure is borne by Central Government
and other 50% by the State Governments/UTs. It is further submitted that
there is a considerable increase in the budgetary allocation under the
ICDS Scheme from 3696.50 crore to 4543.14 crore. During 2007-08, a
budgetary provision for ICDS Scheme has been proposed to be Rs.5293.oo
crore. Copies of the statements indicating funds released and the
expenditure incurred under the Schemes of ICDS (General) and ICDS(SNP) are
annexed herewith marked as Annexure-R-4.
9.It is respectfully submitted that as per the
commitment of the Government of India to universalize ICDS, keeping in
view the direction of the Hon’ble Court dated 29.04.2004 and as reflected
in the National Common Minimum Programme (herein after referred to as ‘NCMP’)
Government of India, in 2005-2006 as part of first phase of expansion,
sanctioned 466 additional ICDS Projects and 1.88 lakh Anganwadi Centres
under first phase of expansion of the ICDS Scheme. This expansion was
based on the existing population norms of the Scheme. A copy of the
statement indicating the State-wise number of additional ICDS Projects/AWCs
sanctioned during 2005-06 is annexed hereto and marked as Annexure-R-5.
10. It is respectfully submitted that, in furtherance
of the steps being taken to achieve the goal of universalizing the ICDS
Scheme , it was considered necessary to revise the existing population
norms for sanction of an ICDS Project/ Anganwadi Centres . An
Inter-Ministerial Task Force was set up to review the existing population
norms and recommend revised norms for setting up a Project/ Anganwadi
Centres under the ICDS Scheme. The Inter-Ministerial Task Force submitted
its reports in May 2005 recommending revised population norms as under:
Rural/Urban Projects:
Population AWC
500-1500 1 AWC
150-500 1 Mini Anganwadi
Tribal Projects:
300-1500 1 AWC
150-300 1 Mini Anganwadi
11. It is respectfully submitted that the revised norms
were circulated to all States/UTs seeking additional requirement of
Projects/ Anganwadi Centres as per these norms. Based on the requirements
received, 173 additional Projects, 107274 additional AWCs and 25961 Mini-AWCs
were approved, on 7th December 2006, by Government of India, under the 2nd
phase of expansion of the ICDS Scheme. With this expansion, the total
number of sanctioned ICDS Projects, Anganwadi Centres (AWCs), and Mini
Anganwadi Centres has gone up to 6291, 10.53 lakh and 36847 respectively.
Taken together, the total number of sanctioned AWCs and Mini-AWCs is
around 10.90 lakh now.
12. It is respectfully submitted that in view of the
fact that the total number of sanctioned AWCs in the country were still
falling short to meet with the goal of Universalisation of ICDS as
directed by this Hon’ble Court and as envisaged in NCMP, the Central
Government decided to further relax the population norms recommended
earlier by the Task Force. The matter was, accordingly, deliberated in the
meetings of the Inter-Ministerial Task Force which also took cognizance of
this Court’s order of 13.12.2006 in this regard. The relaxed norms
recommended by the Inter-Ministerial Task Force have received the approval
of the competent authority and are being circulated to the State
Governments for inviting fresh proposals for setting up Anganwadi Centres/Mini-
Anganwadi Centres from them. - It is submitted that action for further
expansion of ICDS Scheme would be taken once the proposals from the State
Governments are received. A copy of the comparative statement indicating
the population norms recommended by the Inter-Ministerial Task Force in
its Report of 2005 and 2007 is given at Annexure-R-6.
13. It is respectfully submitted that this Hon’ble
Court, in order dated 13.12.2006, has inter-alia, directed that Government
of India shall ensure that the upper limit of population norms (1000) for
opening of AWCs must not be revised upward under any circumstances. While
maintaining the upper limit of one AWC per 1000 population, the minimum
limit for opening of a new AWC is a population of 300 may be kept in view.
It is submitted that the Government of India has taken decision to relax
the population norm for making the Anganwadi Centers effective in its
functioning. In this regard a decision has been taken to reduce the upper
limit from 1000 population to 800.Since there is a wide gap between the
maximum limit and minimum limit of population norm as a consequence or
reduction from 1000 to 800, the minimum population norm have been fixed at
300 in non-tribal, hilly, desert, difficult areas while for other areas it
has been fixed at 400. It is respectfully submitted that this would in no
way effect the implementation of ICDS Scheme as per the directions of this
Hon’ble Court. However, it is submitted that this decision would be
implemented subject to compliance with the legal requirement in some
states in which elections have been announced and would be made uniformly
applicable throughout the country.
14. It is respectfully submitted that this Hon’ble
Court, in order dated 13.12.2006, has inter-alia, directed that , rural
communities and slum dwellers should be entitled to an "Anganwadi on
demand" (not later than three months) from the date of demand in cases
where a settlement has at least 40 children under six but no Anganwadi. In
effectuating this direction of the Hon’ble Court , the Government of India
has been advised to frame effective safeguards to facilitate the sanction
of ‘Anganwadi on Demand’. For this purpose the following safeguards have
been advised to be borne in mind while scrutinizing the application/demand
for opening an Anganwadi Centre, keeping in view the services being
provided in the existing AWCs/Mini-AWCs and the framework of the ICDS
Scheme,
Demand for opening an Anganwadi Centre/Mini
Anganwadi Centre should be made by filing an application
furnishing the relevant particulars, including details of
population, area to be covered by the proposed Anganwadi
Centre to the District Programme Officer appointed under ICDS
Scheme.
The District Level Programme Officer shall
verify the correctness or veracity of the particulars and
furnish its comments/recommendations to the State Government
and for this purpose, the District Programme Officer shall
take the assistance of the block level officers viz. Child
Development Project Officer appointed in each block under the
Scheme. The comments/recommendations of District Programme
Officer shall be sent to the State Government within a
specified time frame.
The State Government, if satisfied, would
forward the proposal for sanction to the Central Government
within a specified time frame.
The Central Government on receipt of the
recommendation from the State Government and after conducting
necessary scrutiny as it deems fit, shall sanction the
Anganwadi Centre/ Mini Anganwadi Centre within a stipulated
time frame subject to availability of resources in the budget
of a particular year.
15.. It is respectfully submitted that, this Hon’ble
Court, by order dated 13.12.2006, has directed that Government of India
shall sanction and operationalize a minimum of 14 lakh AWCs in a phased
and even manner starting forthwith and ending December 2008. In doing so,
the Central Government shall identify SC and ST hamlets/habitations for
AWCs on a priority basis.. It is submitted that in pursuance of the
aforesaid direction , all the States/UTs have been requested, vide letter
No. 14-1/2004-CD-I (Vol. II) dated 10.1.2007, to furnish a list of
un-covered habitations, along with population, which would require
additional Anganwadi Centres(AWCs)/Mini-AWCs. In doing so they have also
been requested to identify SC and ST hamlets/habitations for setting up
AWCs and also requested to ensure that no habitation/settlement with
predominantly SC/ST/Minority population is left out. A copy of the said
letter dated 10th January 2007 is annexed hereto and marked as Annexure
R-7 ( Colly.).
16. It is respectfully submitted that, for the purposes
of arriving at the number of habitations/settlements so as to universalize
the Scheme, data from different surveys has been shared with the
States/UTs. This data includes (i) State-wise number of villages (total
number 71406) with SC population of 40% and above (as per census 2001)
furnished by Union Ministry of Social Justice and Empowerment, (ii)
State-wise number of rural habitations having Primary Stage Schooling
Facilities ( total number 12.31 lakh) as per the 7th All India Educational
Survey carried out by the Government of India, Department of School
Education and Literacy in the year 2003 and (iii) State-wise details of
habitations in the country (total number 15.99 lakh) as per National
Habitation Survey conducted by the Government of India, Department of
Drinking Water Supply, Ministry of Rural Development in 2003 . It may be
noted that the total number of rural habitations is 12.31 lakh as per the
7th All India Educational Survey (2003) and 15.99 lakh as per survey
conducted by the D/o Drinking Water Supply in 2003. It is further
submitted that, in view of the variations in total number of
habitations/settlements in different surveys referred to above, the exact
number of AWCs required to be set up to cover all habitations is yet to be
arrived at. .
It is respectfully submitted that the existing
guidelines of the -ICDS Scheme envisage that in selection of Projects in
rural areas, priority be given, inter-alia, to areas predominantly
inhabited by tribes, particularly backward tribes and Scheduled Castes.
These guidelines were reiterated to all States/UTs, vide letter No.
4-2/2005-CD-I dated 4.7.2005 and 7.2.2005. A copy of the letter dated
4.7.2005 is annexed hereto and marked as Annexure - R-8(Colly.).
It is respectfully submitted that in the recent
expansion (1st and 2nd phase) of the Scheme during the year 2005-06 and
2006-07, States/UTs have been impressed upon to comply with this direction
of this Court. The administrative sanctions have been issued to States/UTs
with a condition that for location of AWCs (a) Villages pre-dominantly
inhabited by population belonging to SC/ST and minority community should
be given priority and (b) within a village also location of an AWC, as far
as feasible, should be in the areas inhabited by population from SC/ST and
minority community.
19. It is respectfully submitted that, the ICDS Scheme
envisages delivery of a package of six services viz., Supplementary
Nutrition, Immunization, Health Check-up, Referral Services, Pre-school
Education and Nutrition/Health Education. Of the six services, three viz.
immunization, health check-up and referral services are health related and
are delivered through the public health infrastructure i.e. Health Sub-Centres,
Primary Health Centres etc.& Community Health Centres etc. under the
Ministry of Health and Family Welfare. It has been the endeavor of the
Government of India to ensure that delivery of these health related
services is made through effective convergence with the Reproductive &
Child Health component of National Rural Health Mission administered by
the Union Ministry of Health & Family Welfare.
20. It is respectfully submitted that, the National
Common Minimum Programme (NCMP) of the Government of India contains
commitment to universalize the ICDS Scheme. The relevant portion of NCMP
is reproduced below:
"The UPA will also universalize the Integrated Child
Development Services (ICDS) scheme to provide a functional Anganwadi in
every settlement and ensure full coverage for all children"
This commitment has been reiterated in the Budget
Speech of the Finance Minister delivered while presenting budget for the
2007-08 to Parliament on 28.02.2007. Relevant para of the speech is quoted
below:
"Government is committed to expand the scheme in order
to cover all habitations and settlements during the Eleventh Plan and to
reach out to pregnant women, lactating mothers and all children below the
age of six"
21. It is respectfully submitted that, it would be the
endeavor of the Government of India to approve the proposal for the third
phase of expansion of the ICDS Scheme by the fourth quarter of the next
financial year and operationalise these Projects/AWCs/Mini AWCs by
December 2008.
22.. It is respectfully submitted that, the this
Hon’ble Court vide its order dated 7th October, 2004 has, inter
alia, directed that " the contractor shall not be used for supply of
nutrition in Anganwadis and preferably ICDS funds shall be spent by making
use of Village Community, Self-Help Groups and Mahila Mandals for buying
of grains and preparation of meals". Though, this direction is to the
States and Union Territories, the certain important issues require due
consideration before the matter is adjudicated upon finally. This
direction of the Hon’ble Court read with order dated 28th
November, 2001, is being interpreted by the Commissioner of the Hon’ble
Court , as a mandate from this Hon’ble Court to provide to children
between 3-6 years of age locally procured and prepared cooked meals at the
Anganwadi Centre. It is respectfully submitted that as per the ICDS
Scheme, the type of food (milk, pre-processed or semi-processed food or
food prepared on the spot from locally available food stuff) will depend
upon local availability, type of beneficiary, location of the project,
administrative feasibility etc. In the light of this guideline under the
Scheme, the State Governments/Union Territories have the flexibility to
select the type of food to be given to the beneficiary as part of the
supplementary nutrition. The ICDS Scheme, ever since its inception in
1975, aims at providing "supplementary nutrition" and not "meal" to the
targeted beneficiaries. Further, the provision of supplementary nutrition
under ICDS scheme is for supplanting the nutrition gap between Recommended
Dietary Allowance (RDA) and actual Average Dietary Intake (ADI) of
children in the targeted age group. The nutrition requirement under the
ICDS Scheme is different from the requirement under Mid Day Meal Scheme
where meal is provided to primary school children between the age group of
6-14 years. A copy of the comparative statement of supplementary nutrition
and financial norms under ICDS Scheme and Mid Day Meal Scheme a copy of
the Letter dt 25.9.2006 of the Commissioner to the supreme court of India
is annexed hereto and marked as Annexure –R-9 and Annexure 9A.
23. It is respectfully submitted that, the distinction
between "Supplementary Nutrition" and "Meal" both in terms of nutritional
and financial terms has also to be borne in mind. As of now, the ICDS
Scheme envisages provision of Supplementary Nutrition, and not a full
meal, to the beneficiaries of the Scheme. Logistic and Financial support
required for preparation of hot cooked meal in various Anganwadi Centres
also needs to be looked into while taking a decision in the matter. Views
of State Governments/UT Administrations are being obtained before taking a
final decision in the matter as the direction of the Court under
consideration is primarily for the States/UTs only.
24. It is respectfully submitted that, as per Tenth
Five Year Plan Document (Volume II), Sectoral policies and Programme (
Food and Nutrition Security) of Planning Commission ( para 3.3.87), the on
the spot cooked food feeding programme has several disadvantages, such as
:
The children especially those in the age group of 6
months to 36 months cannot consume the entire amount of food provided
because of a smaller stomach capacity;
Even if older children do eat the food provided in
the Anganwadi, this acts mainly as a substitute, and not an addition,
to home food;
The most needy segment viz. children in the
critical 6-36 month age group and women, may not be able to come to
the Anganwadi daily and receive the food;
Cooking in poor hygienic conditions and keeping
left-over food may result in bacterial contamination of food.
Under-nourished children, even those in the 3-6
years age group, if given double ration, cannot consume all the food
at one sitting in the Anganwadi;
A copy of the relevant extract of the Tenth Five Year
Plan Document (Volume II), Sectoral policies and Programme ( Food and
Nutrition Security) of Planning Commission is annexed as Annexure-R-10.
25. It is respectfully submitted that, as per the
existing design of the programme, children below the age two years,
pregnant women and lactating mothers are not required to come to the
Anganwadi Centre every day. Instead, ‘Take Home Ration’ (herein after
referred to as ‘THR’) has to be provided to this category of
beneficiaries. The idea behind this is that the children in this age group
are very young and therefore need not come to the Anganwadi Centre every
day. Same is the case with pregnant ladies and lactating mothers. A copy
of the guidelines regarding ‘THR’ is annexed herewith and marked as
Annexure-R-11.
26.. It is respectfully submitted that pursuant to the
direction directions of this Hon’ble Court contained in the order of
7.10.2004, instructions were issued to the State Governments/Union
Territory Administrations that supplementary nutrition under the ICDS
Scheme shall not be confined to children, pregnant women and lactating
mothers from low income group (BPL) families. A copy of the said
instructions dated 29.11.2005 is annexed hereto and marked as
Annexure-R-12.
27. it is respectfully submitted that, this Hon’ble
Court in order dated 28.11.2001 has given the following directions with
regard to the coverage of adolescent girls under ICDS Scheme (para 6(i)
9b)
‘We direct the State Governments/Union Territories
to implement the Integrated Child Development Scheme (ICDS) in full
and to ensure that every ICDS disbursing centre in the country shall
provide ‘Each adolescent girl to get 500 calories and 20-25 grams of
protein’. It is the case of the Union of India that there has been
full compliance of its obligations, if any, under the Scheme. However,
if any of the States gives a specific instance of non-compliance, the
Union of India will do the needful within the framework of the Scheme.
"
28. It is respectfully submitted that the
responsibility for providing supplementary nutrition under Kishori Shakti
Yojana (herein after referred to as ‘KSY’) rests with the State
Governments and the same was reiterated to all States/UTs vide Ministry’s
letters dated 21.2.2002 and 22.10.2002. KSY, though a separate scheme is
operated through ICDS platform i.e. Anganwadi Centre. It is further
submitted that vide para 2 (f) of the affidavit filed on behalf of
Government of India by Department Food & Public Distribution on 13.1.2004,
in response to the fourth report of the Commissioners, it was clarified
that the responsibility for providing supplementary nutrition to all the
beneficiaries, including adolescent girls, rests with the state
governments, as per the framework of the scheme. It is further submitted
that, vide letter dated 9th September, 2003 , it was further
clarified that Adolescent Girls were not covered under the ICDS scheme
till 1991 when Adolescent Girls Scheme was introduced in 507 ICDS blocks
in the country. It was also clarified that provision of supplementary
nutrition to two Adolescent Girls per Anganwadi Centre are implicit in the
new KSY Blocks and the number of Adolescent Girls for supplementary
nutrition per AWC would depend upon the intervention selected by States
out of the menu indicated in the KSY guidelines. Only these identified
girls, and not all the adolescent girls, are eligible for supplementary
nutrition during their period of attachment with Anganwadi Centre. A Copy
of the letter dated 9th September, 2003 along with the
guidelines is annexed hereto and marked as Annexure –R-13 (Colly).
29. It is submitted that in the year 2005-06, KSY has
been expanded from 2000 to 6118 ICDS projects. It is further submitted
that, the provision for KSY in the budget of the Central Government is
around Rs. 60 crore (Rs. 59.46 crore) in 2006-07. Further, the requirement
of funds for providing supplementary nutrition as per nutrition norms, to
all the 8.5 crore Adolescents Girls (11-18years) would be Rs. 5865
crore (approx.). That in view of the steep rise in funding that would be
involved, the issue needs further examination in consultation with the
State Governments. A copy of the statement indicating state-wise funds
released/utilized and % expenditure incurred under KSY during last 3 years
is annexed hereto and marked as Annexure-R-14.
30. It is respectfully submitted that to address the
problem of under-nutrition among Adolescent Girls, the Planning
Commission, in the year 2002-03, launched the Nutrition Programme for
Adolescent Girls (NPAG), on a Pilot Project basis in 51 districts in the
country. Under this Scheme, 6 kg. of food-grains were given to under
nourished Adolescent Girls, pregnant women and lactating mothers. The
scheme has been continued in 2006-07 also on pilot project basis only with
the modification that pregnant women & lactating mothers are not covered
as these are targeted under ICDS scheme also. A proposal for expansion of
NPAG to all the districts and its merger with KSY, with a financial
implication of Rs. 1600 crore, was moved to the Planning Commission but
the same, was not agreed to by the Planning Commission in the Annual Plan
2006-07.
DEPONENT
VERIFICATION
I, K. Rajeswara Rao, the deponent above named, do
hereby verify that the contents of the above affidavit are true to my
knowledge, no part thereof is false and nothing material has been
concealed therefrom. The Annexures are true copies of their respective
originals.
Verified at New Delhi on this day of March 2007