Lakshadweep: Kerala High Court dismisses challenge to removal of meat from mid day meals, closure of dairy farms

The Kerala High Court on Friday dismissed a Public Interest Litigation (PIL) that challenged the decision of the Lakshadweep administration to close dairy farms and omit meat from the menu of mid day meal in schools on the Lakshadweep islands (Ajmal Ahmed R Vs. Union of India).The order was passed by a Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly on a petition filed by a resident of Kavaratti island, advocate Ajmal Ahmed, against the reforms by the administration..The Court found merit in the contention of the Senior Central Govt Standing Counsel for Lakshadweep Administration, S Manu that the court cannot interfere in such policy decisions taken by the administration. The administration had justified the decisions stating that the functioning of dairy farms is resulting in huge loss of about ₹1 crore every year. About the change in menu of the mid day meal scheme, it was submitted that the only legal requirement is to ensure the nutritional value stipulated in the rules be maintained and any menu can be adopted by the government provided the nutritional value is met..The petitioner who is allegedly a member of the Save Lakshadweep Forum, had approached the Court in June, 2021. Advocate Peeyus Kottam, representing the petitioner, had contended that the decision of the administration to change midday meals menu and shut down dairy farms on the islands infringe upon the ethnic culture, heritage, food habits and the rights of the residents under Articles 19 and 300A of the Constitution of India.Another prayer in the petition was to direct the administration to refrain from introducing the draft regulations - Prevention of Anti Social Activities Act 2021 (Goondas Act), Lakshadweep Animal Preservation regulation 2021, Lakshadweep Panchayath Regulation 2021, Lakshadweep Development Authority Regulation 2021 etc. without publishing such draft regulations in the local language i.e., Malayalam and Mahal in newspapers.The same should be done to facilitate the islanders to understand the pros and cons of the regulations so that they can submit their objections against implementing such regulations..The High Court had, on June 22 ordered an interim stay on these decisions and questioned the rationale behind removing meat items from mid day meals in Lakshadweep schools observing that even a physician had opined that non-vegetarian foods (fish, chicken, and egg) are essential for the growth of children.It had therefore directed "food, including meat, chicken, fish and egg, and other items, prepared and served to the school going children of Lakshadweep, as done in the past, should be continued until further orders. To make it clear, the earlier system should continue". It also directed that functioning of the dairy farms should be continued until further orders as well..However, after considering the counter affidavit filed on behalf of the Lakshadweep Administration which justified the policy decision, the Court dismissed the petition..Several PILs had been filed at the Kerala High Court regarding the new regulations proposed to be introduced in Lakshadweep under new Administrator, Praful Patel.The administrative reforms had led to great consternation among the island population and had led to protests. The petitioner in the instant case is a member of the Save Lakshadweep Forum which has been part of these protests. The proposed regulations had been met with widespread condemnation from the people in both Lakshadweep and Kerala with the Kerala Assembly has passing unanimous resolution demanding that the new Administrator be recalled..However, with this judgement, all PILs filed against recent administrative reform have been disposed of by the High Court in favour of the administration, as of today..[Read Order]