2011 INSC 0601 SUPREME COURT OF INDIA People's Union for Civil Liberties Vs. Union of India (UOI) (Dalveer Bhandari and Deepak Verma JJ.) 10.05.2011 JUDGMENT 1. In pursuance to the directions of this Court, Joint Secretary, Government of India has filed an affidavit on 18th April, 2011 in which it is indicated that the Government is committed to computerisation of entire Public Distribution System (for short 'P.D.S.') and to end computerisation of the operations under P.D.S. is being undertaken in order to make the system transparent and minimise leakages or diversion so that the intended benefits of subsidized food grains actually reach the targeted population. This would inter alia involve: I) Computerisation of Supply Chain Management through a Common Application Software (CAS) starting from the allocation of food grains made under Targeted Public Distribution System (TPDS) to States/UTs to the stocks of food grains moved out of FCI Depots to intermediary warehouses in the respective States/UTs and then to the Fair Price Shops (FPS); II) Computerisation of the operations at FPS level, all transactions at FPS level, up to date position of availability of stocks at all FPSs details of lifting of good grains and other PDS items by beneficiaries, etc. III) Computerisation of database of beneficiaries under TPDS and issue of smart cards in place of existing ration cards to beneficiaries after proper identification. 2. This is intended to reduce to a large extent the existing errors of inclusion and exclusion, bogus ration cards, etc. Law Information Center 1 SpotLaw 3. Thereafter another affidavit has been filed by the Joint Secretary, Government of India on 06.05.2011. In this affidavit it is mentioned that a High Powered Committee under the Chairmanship of Justice (Retd.) D.P. Wadhwa, Chairman, Central Vigilance Committee vide order dated 3.5.2011 to expedite the process of computerisation of P.D.S. The Office Memorandum dated 3.5.2011 indicated the position and terms of reference of the H.P.C. During the hearing of 20th April, 2011 this Court directed learned Additional Solicitor General to take instructions to allocate additional food grains to eradicate or at least to reduce the problem of malnutrition to a large extent. 4. In the affidavit he mentioned that the Government of India has been making allocation of food grains to families under TPDS from Antyodaya Anna Yojana (AAY), Below Poverty Line (BPL) and Above Poverty Line (APL) families. The allocations of food grains are made under TPDS at highly subsidized prices to meet the requirements of food security of the people, in particular, the poorest of the poor. In the affidavit it is also mentioned that in addition to food grains under TPDS, the Government also makes allocations of food grains under Other Welfare Schemes on the basis of requirements received from the concerned Departments/Ministries. In the affidavit it is also mentioned that allocation of food grains under TPDS and Other Welfare Schemes, additional allocations of food grains have been made by the Government from time to time based on requests from States/UTs and depending upon the availability of food grains in the Central Pool. The Department and Food and Public Distribution has been apprising this Court about the additional allocations made so far. In pursuance to the directions of this Court, the Government of India has decided to make further additional allocations of 50 lac tonnes of rice and wheat to States and U.T.s for distribution to B.P.L. Families at B.P.L. prices. Learned A.S.G. Submits that the allocation of additional 50 lac tonnes of rice and wheat to all States and U.T.s shall be distributed within two weeks. 5. Learned Counsel appearing for the Petitioner has brought to our notice about the incident which happened in Punjab where huge stock of food grains were destroyed in fire because it was lying in open for several years. Learned Counsel for the Petitioner has also submitted that it is imperative that further allocation of food grains should be made available because the situation is very grave in certain parts of India particularly in the 150 poorest districts in the country. 6. Mr. Gonsalves further submits that the National Family Health Survey of Government of India under 5 mortality rate in India is 74 for every 1000 live births. There are 2.4 crore live births in India each year. The total number of deaths Law Information Center 2 SpotLaw of children under the age of five (with a mortality rate of 74/1000) is 17.8 lacs. Since the child malnutrition rate of India according to the NFHS 3 is 46%. According to Mr. Gonsalves we can directly attribute at least 46% of child deaths in India to malnutrition. Thus 8.8 lakh children die every year in India due to malnutrition. This roughly translates to 75,000 (seventy five thousand) children dying every month due to malnutrition and an astounding 2,500 child deaths every day. More than a hundred children are dying every hour across the country due to malnutrition. These facts may be verified by the learned Counsel appearing for the Respondents. 7. Both learned Solicitor General and learned Additional Solicitor General assured the Court that the Union of India would do all what is possible to eradicate the problem of malnutrition as early as possible. 8. Learned Solicitor General has placed on record the affidavit filed by the Planning Commission of India, a copy of the same has been given to learned Counsel for the Petitioner. Learned Counsel appearing for different States/ U.T.s may also collect the copies of the same from learned Solicitor General's office and may file their replies, if necessary, before the next date of hearing. 9. List this matter for further directions on 13.05.2011. I.A. No. 98 (Mentioned by learned A.S.G.) 10. To be taken up on 21.07.2011. Law Information Center 3 SpotLaw