Even physician opined non-veg food essential for children: Kerala High Court stays Lakshadweep order removing meat items from school mid-day meal

The Kerala High Court on Tuesday 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 (Ajmal Ahmed R Vs Union of India). .A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly made the observations while staying the decision of the Lakahsdweep administration to ban non-vegetarian food items from school menu. Upon perusing the minutes of the Union Territory Steering Cum Monitoring Committee Meeting and District Task Force on Mid Day Meal Programme, held on January 27, 2021, the Court observed, "even a Physician, who attended the meeting, had opined that non-vegetarian foods (fish, chicken, and egg) are essential for the growth of children and that children need a healthy balanced diet containing foods from each group (veg along with non-veg), so that they get a wide range of nutrients, to help them stay healthy, there is no reason as to why, the opinion of the Physician, as mentioned above, is not taken note of, but then, the Committee seemed to have suggested food, with the exclusion of meat and chicken".The Court, therefore, ordered that meat items be restored in the school menu. "Prima facie, we find no reason for the change of food items, with the exclusion of meat and chicken. Therefore, we are inclined to pass an interim order directing the respondents, to provide food, as done before, by including meat and chicken, to the children of the schools in Lakshadweep," the order said. The observations came on a petition filed by a resident of Kavaratti Island, Advocate Ajmal Ahmed, against the reforms by the administration.The Court also stayed the decision of the administration to stop the functioning of dairy farms in the Union Territory. "Functioning of the dairy farms should be continued until further orders," the Court said. .The petition sought to quash the orders passed by the Administration, under new Administrator, Praful Patel, to ban meat from midday meals and shut down dairy farms on the island, among others..The petition alleged that these reforms infringe upon the ethnic culture, heritage, food habits and the rights of the residents under Articles 19 and 300A of the Constitution of India..Kerala High Court stays Lakshadweep Administration's orders to ban meat from midday meals, shut down dairy farms.Advocate Peeyus Kottam, appearing for the petitioner submitted that the decision of the Administration was contrary to the National Programme of Mid Day Meal in Schools (MDMS) Annual Work Plan and Budget 2020-21, wherein there is a provision to provide meat and chicken to the children of the schools of Union Territory of Lakshadweep. He further contended that there is no reason as to why, Union Territory of Lakshadweep has taken a different decision..Standing counsel for Lakshadweep Administration, Sri S Manu, submitted that the order changing midday meal menu was issued for the academic year 2020-2021, and that, therefore, it has no relevance for the academic year 2021-22, .However, the Bench opined , "we are unable to understand how there could be a change in the menu of food items given to the children, prepared taking into account, the vital aspect of health factor, and how such a distinction can be drawn, merely, by saying that it was prepared, for a different academic year"..The Court saw no prima facie reason for the change of food items, with the exclusion of meat and chicken. Therefore, it passed an interim order directing the respondents, to provide food, as done before, by including meat and chicken, to the children of the schools in Lakshadweep..The Court directed in its order that "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.It further directed the respondents to file their counter along with supporting documents.The case will be heard again next week. .[Read Order]