REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

WRIT PETITION (C) NO. 196 OF 2001

People’s Union for Civil Liberties ...Appellant

Versus

Union of India & Ors. ....Respondents

J U D G M E N T

Dr. ARIJIT PASAYAT, J.

1. Heard  learned  counsel  for  the  parties.   It  has  been  submitted  by

learned counsel for the Union of India that keeping in view the orders

passed  by  this  Court  on  several  dates,  several  actions  have  been

taken, which substantially comply with the directions given by this

Court.

2. Colin  Gonsalves,  Sr.  counsel  on the other  hand stated  that  though

there has been substantial compliance of the directions given by this

court yet there is some reservation about the revised nutritional and

feeding norms for  supplementary nutrition  in  ICDS Scheme.  It  is

submitted that there is scope of involving contractors in the supplies

which was prohibited by that Court.

3. By  affidavit  dated  2nd March,  2009,  the  Union  of  India  has

highlighted  several  factors  which  create  serious  dent  against

malnutrition.   It  is  stated  that  same  can  be  made  to  achieve  a

significant reduction in the rate of malnutrition.  The said affidavit

clarifies that these interventions include universalization of ICDS (by

sanctioning  13.80  lakh  Anganwadi/  Mini  Anganwadi  Centres  and

20,000  Anganwadis-on-Demand  making  a  total  of  14  lakh

Anganwadis/Mini  Anganwadi  Centres  as  mandated  by  this  Court)

and, most importantly, reduction in the gap between Recommended

Dietary  Allowance  (hereinafter  referred  to  as  "RDA")  and  Actual

Dietary  Intake  (hereinafter  referred  to  as  "ADI").  On  a  careful

consideration of the matter, the Central Government has revised both

the nutritional and feeding norms as well as thee financial norms of

supplementary nutrition under the ICDS Scheme.

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4. It is  noted that  the nutritional  norms have remain unchanged since

inception of the Scheme (in 1975) until a recent comprehensive review by a

Task  Force  constituted  by  the  Central  Government.  On  the  basis  of  the

recommendations of this Task Force, the calorific and feeding norms for supplementary

nutrition in ICDS Scheme in respect of children of all categories below 6 years of age and

pregnant women and nursing mothers have been revised. The Table below shows the old

and revised norms:

Old Norms Revised Norms Category Rate

Rs./ per benefici- ary per

day

Calories (Cal)

Protein (g)

Rate Rs./ per benefici ary per

day

Calories (Cal)

Protein (g),

(i) Children below 3

years

2.00 300 8-10 4.00 500 12-15

(ii)Children 3-6

years

2.00 300 8-10 4.00 500 12-15

(iii)Severely

malnourished

children

2.70 600 20 6.00 800 20-25

(iv)Pregnant &

Lactating (P&L)

mothers

2.30 500 20-25 5.00 600 18-20

The above revised norms are incorporated in para 8.2(b) of the affidavit.

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5. The  Revised  Nutritional  and  Feeding  Norms  for  SNP  in  ICDS

Scheme  circulated  vide  letter  no.5-9/2005/ND/Tech  (Vol.  II)  dated

24.02.2009 states that children in the age group of 6 months to 3 years must

be entitled to food supplement of 500 calorie of energy and 12-15 gm of

protein per child per day in the form of take home ration (THR). For the age

group of 3-6 years, food supplement of 500 calories of energy and 12-15 gm

of protein per child must be made available at the Anganwadi Centres in the

form of a hot cooked meal and a morning snack. For severely underweight

children in the age group of 6 months to 6 years, an additional 300 calories

of energy and 8-10 gm of protein would be given as THR. For pregnant and

lactating mothers, a food supplement of 600 calories of energy and 18-20

gm of protein per beneficiary per day would be provided as THR.

6. The letter dated 24.02.2009 No.5-9/2005/ND/Tech (Vol.II) has been

annexed to the affidavit dated 2nd  March 2009 filed by the Union of India. It

is directed that norms indicated in the said letter addressed to all the State

Governments and Union Territories have to be implemented forthwith and

the  respective  States/UTs  would  make  requisite  financial  allocation  and

undertake necessary arrangements to comply with the stipulations contained

in the said letter.  

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7. It  is  further  stated  by  the  Ld.  Additional  Solicitor  General  that

Supplementary Nutrition Food (SNP) in the form of THR shall be provided

to all children in the age group of 6 months to 3 years, an additional 300

calories to severely underweight children in the age group of 3 to 6 years,

pregnant women and lactating mothers as per paras 5(c), 5(d) and 5(e) of

the letter dated 24th  February 2009. Accordingly all Union Territories and

State  Governments  are  directed  to  ensure  compliance  with  the

aforementioned stipulations without fail.

8. Further, all the States and Union Territories are directed to provide

supplementary nutrition- in the form of a morning snack and a hot cooked

meal to the children in the age group of 3 to 6 years as per Para 5(d) of the

guidelines contained in the letter dated 24th February 2009 preferably by

31st  December 2009.

9. As far as adolescent girls are concerned, they would continue to be

covered by the entitlements of the Nutritional Programme for Adolescent

Girls  (hereinafter  referred  to  as  ‘NPAG’)  and  Kishori  Shakti  Yojana

(hereinafter  referred  to  as  ‘KSY’)  till  such  time  as  a  comprehensive

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universal  scheme  for  the  empowerment  of  adolescent  girls  called  ‘The

Rajiv  Gandhi  Scheme  for  the  Empowerment  of  Adolescent  girls’  is

implemented within six months from the date of the order.

10. It  shall  however  be  ensured  that  the  following  direction  by order

dated  7th October,  2006 which  was reiterated  by  order  dated  13.6.2006

shall continue to be operative.              

11. It  is  pointed  out  that  several  States  like  Andhra  Pradesh,  Gujarat,

Uttar Pradesh and Nagaland have not met the requisite norms.  These States

are directed to take steps as required to be taken.

12. Compliance reports filed by all the States and Union Territories by

15th January, 2010.

13. Put up thereafter.

…………………… …..................J.

(Dr. ARIJIT PASAYAT)

………………………..................J. (S.H. KAPADIA)

New Delhi April 22, 2009

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