The first responsibility of every welfare state is to provide food to people dying of hunger, the Supreme Court reminded the Narendra Modi government on Tuesday and frowned upon the practice of assigning relatively junior officials to file affidavits on such matters.

The observations came while the court was going through the Centre’s response to a demand for free community kitchens at a time the pandemic has robbed many Indians of their livelihood.

The Centre’s affidavit desisted from making any commitment on the community kitchens but merely said the scheme was under process as it was still collecting information from states and Union Territories.

“We are concerned about hunger and people. See, if you want to take care of hunger, no Constitution or law will say ‘no’ to it. This is the first principle. Every welfare state’s first responsibility is to provide food to people dying of hunger,” Chief Justice of India N.V. Ramana told attorney-general K.K. Venugopal during the hearing of a PIL, filed in 2019, seeking community kitchens.

“We can’t leave the people in the lurch and say everything is fine. We are not happy with the affidavit filed by the under-secretary of the Government of India,” Justice Ramana, heading a three-judge bench, said while warning that this was the last time the court would say affidavits should be filed by a senior official of the rank of secretary.

The apex court directed the Centre to convene a meeting with the states and the Union Territories to chalk out a coordinated approach and come up with a solution within three weeks. It made it clear that the affidavit on the action taken must be filed by a secretary of the Union government.

Social activist Anun Dhawan and two others had filed the petition seeking free community kitchens across the country to provide food to lakhs of people facing starvation and hunger, particularly those who did not have access to the public distribution system.

The apex court had earlier issued notice to the Centre and the states for evolving a common strategy to address the concerns raised by the petitioners. The Centre had been entrusted with the task of evolving a suitable policy in consultation with the states.

When the matter came up for hearing on Tuesday, the bench expressed disappointment with AG Venugopal and additional solicitor-general Madhavi Divan over the 17-page affidavit filed by an under-secretary-level official of the Centre that failed to shed light on the measures initiated so far.

“The issue is (to) now make a comprehensive scheme. Identify areas where there is immediate need so that it can be uniformly implemented…. My suggestion again is already we are delaying, so further adjournments won’t help. We will give you final time of two weeks, please hold the meeting,” Justice Ramana told the AG.

The CJI, sitting with Justices A.S. Bopanna and Hima Kohli, clarified that the court was concerned with addressing the problem of hunger, which should not be confused with malnutrition.

“Don’t think this issue is connected with malnutrition. This is regarding hunger. People are dying due to hunger. Don’t mix these two issues,” Justice Ramana said.

Excerpts from the written order:

“…At the outset, we are not happy with the fact that the affidavit in this matter has been filed by the Under Secretary to the Government of India, Ministry of Consumer Affairs, Food & Public Distribution, New Delhi.

“We direct that in future some responsible Officer of the rank of Secretary shall file the affidavits in this matter. Ms Madhvi Divan, learned Additional Solicitor General, has drawn our attention to the letters dated 29-10-2021 & 3-11-2021 sent by the Ministry of Consumer Affairs, Food & Public Distribution (NFSA Division) to the Principal Secretary/ Secretary, Department of Food & Civil Supplies, and all the States/ Union Territories seeking information from them.

“…We find that the proposed Community Kitchens Scheme is still under process and they are obtaining the suggestions/views of the States/ Union Territories in the matter. In view of the above, finally three weeks’ time from today is granted to the Union of India to come up with a model Community Kitchens Scheme agreeable to the States/ Union Territories. In case some of the States/ Union Territories have any objection with the Scheme to be formulated by the Union of India, we will consider the same on the next date of hearing.

“We direct all the State Governments/ Union Territories to attend the meeting to be arranged/ organised by the Union of India and cooperate with them in coming up with the said Scheme, which can be made uniformly applicable to all the States/Union Territories.

“Ms (Ashima) Mandla, learned counsel appearing for the petitioners, has brought to our notice the ‘issues note’ filed by them on 9-11-2021. We have perused the said ‘issues note’. We direct the Union of India to take into consideration the ‘issues note’ filed by the petitioners while formulating the Scheme of Community Kitchens. List the matter after three weeks.”