Bombay HC directs Maharashtra Government to set up Food Commission in four weeks

The Bombay High Court on Monday came down heavily on the Maharashtra government for failing to set up the State Food Commission under Food Security Law, which was passed six years ago, in July, 2013. A Division Bench of the Chief Justice Pradeep Nandrajog and Justice Bharati Dangre remarked,.“With regret, we note that for the last over six years, the State Government has taken no steps to constitute the State Food Commission in the State of Maharashtra.”.In doing so, the Court directed the State government to constitute the panel within four weeks, failing which it would issue a notice of contempt against the Chief Secretary of the government. The Bench passed the order while dealing with Public Interest Litigations (PILs) filed by activist Alka Kambale and others, seeking the Court’s intervention so that the state government may set up the food authority..Inter alia, the Bench took special note of one petition by which it was informed of the starvation death of a 36-year-old widowed mother of two children, one of whom was visually impaired. The Court proceeded to explain how this case illustrated the need to implement the Food Security Act thus,.“The petition highlights that no proper survey was done to identify the beneficiaries under the Targeted Public Distribution System. The petition highlights lack of proper guidelines based whereon the Targeted Beneficiaries would find their names in the computer system. The petition highlights that the State Government was just entering the names of the existing Ration Card holders in the computer systems to identify ghost beneficiaries. The grievance is that the State Government was not taking steps to carry out proper surveys by visiting the household to identify malnutritioned mothers and children.“.The Court further noted that,.“If the State Food Commission had been constituted, we could have directed it to look at the grievances raised in the PILs and ensure through the District Grievance Redressal Officers compliance with the provisions of National Food Security Act, 2013.”.As per Section 16 of the National Food Security Act 2013, every state is required to constitute a State Food Commission that prepares guidelines and identifies priority households to whom public distribution benefits will be made available through the law. Inter alia, the petitioner had also referred to the judgement of the Supreme Court of the year 2017 wherein the Apex Court hauled up the governments of the drought-hit states of Madhya Pradesh, Maharashtra, Andhra Pradesh, Bihar and Karnataka for not appointing State Food Commissions or not making them operational. The apex Court had then remarked that it is not proper on the part of these states to ignore the plight of the common man in enforcing such important welfare legislations..On July 24, the Bombay High Court had directed the State government to constitute the Food Commission within two months, before it hears the matter next on September 16. On the said date, the Bench had granted one last opportunity to the State government to constitute the State Food Commission..The Bench had further remarked that if the State government fails to set up a commission, the void would be filled by the Court by constituting the State Food Commission as per names of suitable and eligible persons suggested by Amicus Curie, Advocate VS Kapse. The Bench also noted that it is impossible for Court to take out time to personally supervise the implementation of the Act..However, on Monday the High Court was again constrained to pull up the government for not taking enough measures to implement the Act in last two months. Further the Court also noted that the Amicus was not in a position to suggest names for the constitution of the Food Commission immediately, and that the same would require constitution of a search committee..“Thus, even learned amicus are handicapped“, the Court observed..Therefore, the Bench disposed of the PIL with a direction to the the Principal Secretary of the Food, Civil Supplies and Consumer Protection department of the state to take steps to set up the Food Commission within four weeks. The order states,.“Time has therefore, come for us to terminate proceedings in the PILs with a mandamus issued to the Principal Secretary to constitute the State Food Commission in the State of Maharashtra by notifying each name of the Chairperson, five members and a Member Secretary of the Maharashtra State Food Commission within four weeks from today..The Principal Secretary shall ensure that the necessary proposal is prepared by him and place before the State Government for approval and notification.”.[Read Order]