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PETITIONER: KISHEN PATTNAYAK & ANR.

       Vs.

RESPONDENT: STATE OF ORISSAWITHINDIAN PEOPLE’S FRONT THROUGH ITS CHAIRMA

DATE OF JUDGMENT09/01/1989

BENCH: DUTT, M.M. (J) BENCH: DUTT, M.M. (J) SAIKIA, K.N. (J)

CITATION:  1989 AIR  677            1989 SCR  (1)  57  1989 SCC  Supl.  (1) 258 JT 1989 (1)    46  1989 SCALE  (1)32

ACT: Constitution of India: Article 32.     Public  Interest  Litigation--Letter by  social  workers alleging-Starvation deaths--Exploitation of landless labour- ers--Children-Selling  of--Treated as writ  petition--Direc- tions by Court.     Law   and   Poverty:   Social   justice--Orissa   Relief Code--Paras  39,  40--Social   Welfare    Measures--District Level   Natural  Calamities Committees--Induction of  social workers in committees.

HEADNOTE:     Two  social  workers addressed a letter  to  this  Court bringing  to  its  notice the miserable  conditions  of  the people  of the district of Kalahandi in the State of  Orissa on  account of extreme poverty. The said letter was  treated as a writ petition. The petitioners in this petition alleged that  in  the district of Kalahandi on  account  of  extreme poverty,  there are starvation deaths and in order  to  save themselves  from starvation deaths, people are compelled  to subject  themselves  to distress sale of  labour  and  paddy resulting in exploitation of landless labourers, deprivation of legitimate price of paddy to small peasants. It was  also alleged  that on account of ’chill penury’ people  of  Kala- handi district are even forced to sell their children.     In  the other writ petition, Indian Peoples’  Front  al- leged miserable conditions of the people of Koraput district in  addition to the Kalahandi district. It was alleged  that the starvation deaths, drought diseases and famine have been the continuing phenomenon in the said two districts. The  petitioners  accused the Government of  Orissa  of  its failure to 58 protect  the  lives of the people of the  two  districts  of Kalahandi  and Koraput and sought directions that the  State of  Orissa  should be directed to take  immediate  steps  to alleviate the miseries and sorrows of the people of the said two districts.     With a view to ascertaining the correct state of affairs and  to  know whether the State has implemented  the  social welfare measures, and the adequacy of such measures to  meet

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the  needs  of the people, the Court directed  the  District Judge of Kalahandi to submit a report. The learned  District Judge in its report submitted that the State Government  has implemented social welfare measures and there was hardly any case of starvation death.     The correctness of the facts found by the District Judge in his report was challenged by the petitioners, particular- ly  the question of starvation deaths. The petitioners  sug- gested  that for the purpose of supervising relief  work,  a Committee  of  11 member should  be  constituted  comprising members of well-known social organisations.     On  behalf  of the State it was stated by  the  Attorney General  that district level Natural  Calamities  Committees consisting of Collector, Officials, MPs and MLAs are already existing and these Committees review the progress of  relief work and the measures taken to meet the drought  conditions. It was submitted that members of voluntary social  organisa- tions  can be inducted in these existing Committees  instead of  constituting a new Committee as suggested by  the  peti- tioners.  The attention of the Court was also drawn to  para 39  of the Orissa Relief Code dealing with enquiry in  cases of starvation deaths and relief measures to be taken in such cases. It was stated that for the purpose of alleviating the miseries and sorrows of the people in the district of  Kala- handi, State has already undertaken appropriate social meas- ures,  namely,  allocation of Rs.8054  lakhs  for  Kalahandi during  the Sixth Plan, constant vigilance under the  direct supervision  of  the  Chief Minister for  redressal  of  the distress of the people, undertaking of massive scale  labour intensive work to provide employment, free feeding programme in  areas of acute distress, Emergency Feeding Programme  in drought affected areas and crop damage areas, undertaking of a  number  of major, medium and small  irrigation  projects, digging of tube-wells for drinking water, starting  affores- tation  programme  to prevent recurrence of  drought  condi- tions, fixation of minimum purchase price for paddy, provid- ing adequate funds to purchasing agents to purchase  surplus paddy  at  prescribed rates, direct  procurement  of  entire paddy through Food Corporation of India and State  Co-opera- tive 59 Marketing  Federation, strict implementation of  the  Orissa Agricultural Produce Marketing Act and free supply of  seeds to agriculturists in drought affected areas. Disposing these petitions, the Court,     HELD: 1. It is not disputed that the people of Kalahandi and Koraput are very poor and most of them have been  living below  the poverty line. Though the report of  the  District Judge is against the starvation deaths the happening of  one or two cases of starvation deaths cannot altogether be ruled out. [1E-F]     2.  Paragraph 39 of the Orissa Relief Code  makes  ample provision  for  taking steps in case of  starvation  deaths. [63D]     3.  The State Government shall nominate at least S  per- sons belonging to the recognised voluntary social  organisa- tion  like  Sarvodaya Gandhi Peace  Foundation,  Ramakrishna Mission,  Bharat Sewa Sangha and registered voluntary  agen- cies  as contained in the State approved list  of  voluntary agencies  as  members of the said  existing  district  level Natural Calamities Committees of the Districts of  Kalahandi and Koraput. [64B-C]     4. The said Committees shall hold one meeting every  two mouths and shall be responsible for looking into the starva- tion  deaths  and the welfare of the people  of  these  dis-

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tricts.  These committees shall also keep a watch  over  the working  of the social welfare measures taken and which  are likely to be taken by the State Government. [66A, B]      The social welfare measures and prompt action taken  by Government of Orissa will help in ending the miseries of the people. [66C]

JUDGMENT:     ORIGINAL  JURISDICTION: Writ Petition (Civil) No.  12847 of 1985 & 1081 of 1987. (Under Article 32 of the Constitution of India).     R.B. Mehrotra, Amicus-Curiae, Kishan Patnayak-in-person, and Ranjan Dwivedi for the Petitioners.     G. Rath, Advocate General, Orissa, R.K. Mehta,  Inderjit Roy, Ms. Mona Mehta, K.R. Nagaraja, and Ms. Madhu  Moolchan- dani for the Respondents. 60 The Judgment of the Court was delivered by     DUTT, J. Writ Petition (Civil) No. 12847 of 1985 has its origin in a letter written by Shri Kishen Pattnayak and Shri Kapil  Narayan  Tiwary, two social  and  political  workers, addressed to the Hon’ble the Chief Justice of India. In this letter,  they have brought to the notice of this  Court  the miserable  condition of the inhabitants of the  district  of Kalahandi  in  the  State of Orissa on  account  of  extreme poverty.  It  is alleged that the people  of  Kalahandi,  in order  to save themselves from starvation deaths,  are  com- pelled to subject themselves to distress sale of labour on a large scale resulting in exploitation of landless labours by the  well-to-do  landlords. It is alleged that  in  view  of distress  sale of labour and paddy, the small  peasants  are deprived  of the legitimate price of paddy and they  somehow eke  out their daily existence. Further, their case is  that being victims of ’chill penury’, the people of Kalahandi are sometimes forced to sell their children. It has been  prayed that the State Government should be directed to take immedi- ate steps for the purpose of ameliorating the misery of  the people of the District of Kalahandi.     On  receipt of the said letter, this Court directed  the same to be treated as a writ petition and it was  registered as such.     Another  writ petition being Writ Petition  (Civil)  No. 1081  of 1987 has been filed by the Indian  People’s  Front. This  writ  petition not only relates to the misery  of  the people  of  Kalahandi,  but also of the  people  of  another district,  namely,  the district of Koraput.  In  this  writ petition, it has been alleged that the starvation deaths  of the  inhabitants of the districts of Koraput  and  Kalahandi are due to utter negligence and callousness of the  adminis- tration and the Government of Orissa. It is alleged that the starvation deaths, drought diseases and famine have been the continuing  phenomena in the said two districts since  1985. The  Government of Orissa has been accused of utter  failure to protect the lives of the people of the two districts.     The  State of Orissa appeared in both these  writ  peti- tions  and  opposed the same  by  filing  counter-affidavits denying  the  allegations of the petitioners. The  State  of Orissa  filed  two  statements one dated  October  20,  1986 consisting of 160 pages and the other dated December 1, 1986 consisting  of 181 pages. In these statements, it  has  been alleged by the State of Orissa that the State Government has implemented  the social welfare measures in the district  of Kalahandi.

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61     In order to ascertain the correct state of affairs, this Court  by  its order dated January 16,  1987  requested  the District  Judge  of Kalahandi to enquire as to  whether  the State  Government has, in fact, implemented the social  wel- fare measures in the district of Kalahandi and whether  such measures  were  adequate  to meet the needs  of  the  people there.  The  learned District Judge was asked  to  submit  a report to this Court. It was further directed by this  Court that the learned District Judge, while preparing his report, would consider the feasibility of the implementation of some suggestions  made by the petitioners regarding the steps  to be  taken for the purpose of ameliorating the  condition  of the people in the said district.     The  learned  District  Judge has  since  submitted  his report  which runs into 36 1 pages. The petitioners are  not at  all satisfied with the said report of the  learned  Dis- trict  Judge. They have challenged the correctness of  facts found  by him, particularly with regard to the  question  of starvation  deaths. It has been stated by the  learned  Dis- trict  Judge  that there was hardly any case  of  starvation death;  on the other hand, there has been implementation  by the Government of the social welfare measures.     We  do not think it necessary to consider the report  of the  learned  District Judge. It is agreed  by  the  parties including  Shri  Pattnayak,  the petitioner No.  1  in  Writ Petition  No. 12847 of 1985, who has appeared before  us  in person,  that some steps should be taken for the purpose  of alleviating the miseries and sorrows of the poor inhabitants of  both  the said districts. It is not  disputed  that  the people  of the districts of Kalahandi and Koraput  are  very poor  and  most of them have been living below  the  poverty line.  Although  the  learned  District  Judge’s  report  is against  the alleged starvation deaths, we are of  the  view that the happening of one or two cases of starvation  deaths cannot  altogether  be ruled out. Shri Pattnayak  laid  much emphasis in his submissions on the duty of the Government to take  immediate steps to prevent starvation deaths.  He  has submitted before us some suggestions in  writing,  So far as prevention of starvation deaths is concerned, his suggestion are  inter alia that the Government should constitute a  11- Member  Committee,  of which the majority should  be  social workers, for the purpose of supervising matters arising  out of drought and other natural calamities. This committee  may be  called  the Kalahandi  Relief  Implementation  Committee (KRIC). The nonofficial members should not be members of any political  party and should belong to  well-known  organisa- tions of social work, such as, Sarvodaya Gandhi Peace  Foun- dation and registered voluntary agen- 62 cies,  as contained in the State approved list of  voluntary agencies.  He has also enumerated the duties of the  Commit- tee.     The  learned  Advocate General of Orissa,  appearing  on behalf  of the State of Orissa, has drawn our  attention  to paragraph  39  of the Orissa Relief Code which  provides  as follows:               "39. Reports on starvation:                        (i)  In  spite  of  taking   adequate               precautions  in  providing  relief  works  for               able-bodied persons, and gratuitous relief and               feeding programmes for those who cannot under-               take  physical labour and other  relief  meas-               ures,  reports of starvation cases very  often               appear  in  the Press. Whenever  a  report  of

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             death  due to starvation is published  and  it               comes to the notice of the Collector, he shall               immediately cause an enquiry into the  allega-               tion.  The  enquiry shall be  conducted  by  a               gazetted  officer in the presence of the  Sar-               panch,  Ward Member or some gentlemen  of  the               village and the result of the enquiry reported               in  the  Pro forma in Appendix  VI  within  48               hours,  if  possible.  The Pro  forma  is  not               exhaustive. The Collector should include  such               other information which he considers necessary               to  give Government a complete picture of  the               situation in which the alleged death has taken               place.  If all the information cannot be  col-               lected  forthwith a preliminary report  should               be  furnished immediately to be followed by  a               complete report soon.                        (ii) After the receipt of the enquiry               report, the Collector shall review the  relief               measures undertaken in the area and also if he               deems  proper, may visit the area  himself  or               depute  a senior officer to take stock of  the               situation and be satisfied about the  adequacy               of labour employment, food position, and other               relief  arrangements. He should  take  further               steps to alleviate distress in the area as far               as possible. In case he considers necessary to               further  strengthen  the relief  measures,  he               shall furnish concrete proposals promptly with               necessary  justification through  the  Revenue               Divisional Commissioner to the Board of  Reve-               nue/Special Relief Commissioner." In this connection, we may also refer to paragraph 40 relat- ing to 63 verification of Press reports and issue of contradiction, if any. Paragraph 40 reads as follows:               "40.  Verification of Press reports and  issue               of  contradiction,  if  any--Besides  alleging               starvation  deaths,  reports  on  large  scale               migration of population on account of lack  of               work, scarcity of drinking water, outbreak  of               epidemics etc. appear in the Press very often.               The  Collector  shall take steps to  get  such               reports immediately verified by proper enquiry               or  otherwise  and if found true  should  take               immediate  remedial action.  Proper  publicity               relating  to  the relief  measures  undertaken               should  also be given. If on the  other  hand,               the report is found inaccurate, exaggerated or               incor-   rect  a  contradiction  stating   the               correct  facts may be issued by the  Collector               immediately.  Copies  of  such  contradictions               should be made available to the higher author-               ities."     It  is apparent from paragraph 39 that  ample  provision has  been  made for taking steps as soon as  the  report  of starvation death is published or any starvation death  comes to the notice of the Collector.     It  is  also submitted by the learned  Advocate  General that there is a district-level Natural Calamities  Committee consisting of the Collector, other officials and the popular representatives  like MPs and MLAs of the district, who  are required  to  review  the progress of relief  work  and  the measures  taken to meet the drought conditions from time  to

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time.  He submits that instead of constituting another  Com- mittee,  the  Natural Calamities Committee  will  serve  the purpose.  Shri Pattnayak also agrees that  another  separate Committee  need not be constituted, but he submits that  the Natural  Calamities Committee should include at  least  five non-official  and non-political members belonging  to  well- known  organisations  of  social work,  such  as,  Sarvodaya Gandhi  Peace Foundation and registered voluntary  agencies, as  already suggested by him. The learned  Advocate  General states  that the Government has no objection to induct  into the Committee non-officials, such as, representatives of the recognised  voluntary  organisations as  suggested  by  Shri Pattnayak.     In the circumstances, we direct the Government of Orissa that it shall, within a month from date, nominate the  names of at least five persons belonging to the recognised  volun- tary  organisations like Sarvodaya Gandhi Peace  Foundation, Ramakrishna  Mission,  Bharat  Sewa  Sangha  and  registered voluntary agencies as members of the said 64 Natural Calamities Committee of the district. We also accept the  suggestion of Shri Pattnayak that the  Committee  shall hold at least one meeting every two months. The function  of the  Committee  will not be confined only to  the  cases  of starvation  deaths, but it shall be responsible for  looking after the welfare of the people of the district.     We are given to understand that there is also such a dis- trict-level Natural Calamities committee in the district  of Koraput.  We  make it clear that the  Government  will  also nominate at least five such persons belonging to  recognised voluntary  organisations within a month from today  and  the Committee will also perform the same functions.     So far as the district of Kalahandi is concerned, it has been urged by the learned Advocate General that the  Govern- ment  of Orissa has already undertaken appropriate  measures for mitigating the miseries of the people of that  district. The  steps  which have been taken by the Government  may  be stated in brief. The State Government has allotted a sum  of Rs.8054 lakhs for Kalahandi during the Sixth Plan. The State Government is fully aware of the situation in Kalahandi  and constant  vigilance is maintained under the direct  supervi- sion  of the Chief Minister to redress the distress  of  the people. The labour intensive work has been undertaken by the government on a massive scale to provide employment opportu- nity to the people of the district of Kalahandi. During  the year 1984-85, in areas of acute distress, free feeding  pro- gramme has been undertaken on a massive scale. During  1987- 88  the  coverage  under the Normal  Feeding  Programme  was 2,12,800  persons. Besides, 1,20,000 persons were also  cov- ered under the Emergency Drought Feeding Programme  covering all the drought affected areas of the district. In 128  Gram Panchayats  where  crop damage was more than  50%,  1,20,000 persons  were covered under the Emergency Feeding  Programme during 1987-88. During the current year, preliminary  survey indicated  that crop damage was likely to occur in  74  Gram Panchayats  and, accordingly, 40,000 persons from  the  said affected areas have been covered under the Emergency Feeding Programme  in addition to the Normal Feeding  Programme  for 2,12,800  persons. Under the Area Development Approach  Pro- gramme  for  Total  Backwardness  Scheme  covering   certain blocks, about 20,000 persons are being fed under the Feeding Programme. According to the Government, 2,72,000 persons are being covered by the Feeding Programme in Kalahandi district in 1988.     Kalahandi  is  a drought-prone district  and  Government

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has,  according  to the learned  Attorney  General,  already taken a number of 65 major,  medium  and small Irrigation Projects  in  the  said district  to provide irrigation facilities  for  agricultur- ists. 485 tube-Wells are stated to have been dug as a  major source  of drinking water in Kalanandi. The  Government  has also  started  aforestation programme so as to  prevent  the recurrence of drought conditions.     Much  facilities  are stated to have been given  to  the weavers of the district.     Elaborate  measures  have also been taken  for  ensuring that poor cultivators are not coerced to sell their  surplus paddy  at  a  lower rate on account of  their  poverty.  The Orissa Agricultural Produce Marketing Act is being  strictly implemented.  The entire procurement of paddy has  been  en- trusted  to  the  Food Corporation of India  and  the  State Cooperative  Marketing Federation. These  two  Organisations specialised in such purchases, are possessed of godowns  and have  their local centres throughout the State for  purchase of  surplus paddy. The FCI at the request of the State  Gov- ernment,  has  established  purchase  centres  at  Junagarh, Khariar  Road and Kesinga in the district of Kalahandi.  The FCI has also made arrangements for direct purchase of  paddy at  Dharmagarh, Junagarh and Narala. The  State  Cooperative Marketing Federation has also opened direct purchase centres at  Boden and Sinapalli in the district of  Kalahandi.  Fur- thermore,  when  surplus paddy comes to  market,  additional purchase  centres are provided for purchase of  the  surplus paddy.     The  minimum  purchase price for paddy is fixed  by  the Government  of  India. Adequate funds are  provided  to  the purchasing agents to purchase the surplus paddy at the rates prescribed by the Government. State Government also  ensures that unscrupulous traders do not coerce the farmers to  sell paddy at a distress price.     Assistance to agriculturists is also being given by  the Government.  Due to drought conditions, the Kharif crop  was damaged  in some areas of Kalahandi district in 1987-88.  To enable  cultivators  to undertake  resowing,  Government  is stated to have supplied seeds free of cost in mini-bags.     The measures which have been taken and are being  taken, as  stated  in  the written note submitted  by  the  learned Advocate  General, have been briefly mentioned. There is  no reason  not to accept the statements made on behalf  of  the State  of Orissa that the measures, stated above, are  being taken for the purpose of mitigating hunger, 66 poverty, starvation deaths, etc. of the people of Kalahandi. If  such measures are taken, there can be no doubt  that  it will alleviate to a great extent the miseries of the  people of Kalahandi. Such measures are also being taken in  respect of the district of Koraput. The Natural Calamities Committee shall  also  keep  a watch over the working  of  the  social welfare  measures which are being taken and may be taken  in future.  Shri Pattnayak also does not dispute that  if  such measures  are  continued  to be taken, it will  be  a  great relief  to the people of Kalahandi and Koraput. We hope  and trust that in view of the prompt action that has been  taken by the Government, soon the miseries of the people of  these two districts will be over.     As  prayed  for by Shri Pattnayak, the  petitioners  are granted liberty to mention before this Court, if necessary.     The Writ Petitions are disposed of as above. There  will be no order as to costs.

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T.N.A.                              Petitions disposed of. 67