Supreme Court refuses to pass directions for national policy on setting up subsidised community kitchens

The Supreme Court on Thursday refused to direct the Central government to frame a national policy for setting up subsidised canteens or community kitchens across the country [Anun Dhawan & ors v. Union of India & ors]..A bench of Justices Bela M Trivedi and Pankaj Mithal stated that the National Food Security Act (NFSA) and other welfare schemes already exist towards providing adequate quantities of subsidised food for the needy."We do not propose to give any further direction in that regard. We have not examined whether the concept of Community Kitchens is a better or wiser alternative available to the States to achieve the object of NFSA, rather we would prefer to leave it open to the States/UTs to explore such alternative welfare schemes as may be permissible under the NFSA ... the Writ Petition is disposed of", the bench said, while reading out the operative part of its order..The order came on a public interest litigation (PIL) petition seeking the establishment of subsidised canteens (or community kitchens) in all States and Union Territories to ensure food security in the wake of the havoc wreaked by the COVID-19 pandemic.The petitioner had urged the Court to direct the Central government to establish a national-level policy in this regard.Further, they had sought a direction that the Central Government create a National Food Grid beyond the scope of the Public Distribution Scheme.The top court rejected the prayers for being the policy domain, observing,"It is well settled that the scope of judicial review in examining the policy matters is very limited. The Courts do not and cannot examine the correctness, suitability or appropriateness of a policy, nor are the courts advisors to the executive on the matters of policy which the executive is entitled to formulate. The Courts cannot direct the States to implement a particular policy or scheme on the ground that a better, fairer or wiser alternative is available."In November 2021, the Supreme Court had expressed its dissatisfaction with the Central government's affidavit in the matter. A bench of the then Chief Justice of India NV Ramana and Justices AS Bopanna and Hima Kohli had added that State governments have a responsibility to set up such kitchens through a comprehensive scheme."If you want to take care of hunger and save people from dying, no State can say no. Responsibility of every welfare State is to look into this ... We can't leave the people in the lurch and say everything is fine", the bench had stated, at the time..[Read order]