[Lakshadweep] Supreme Court grants interim relief in challenge to remove meat from midday meals, shut down dairy farms

The Supreme Court on Monday sought the response of the Central government on a plea challenging the decision of the Lakshadweep administration to close dairy farms and omit meat from the menu of mid day meal in schools on the Lakshadweep islands [Ajmal Ahmed R v. Union of India] .

. A bench of Justices Indira Banerjee and AS Bopanna was hearing an appeal filed by a resident of Kavaratti island, advocate Ajmal Ahmed (appellant) against a September 2021 judgment of the Kerala High Court which had dismissed a Public Interest Litigation (PIL) challenged the decision of the Lakshadweep administration

Pertinently, a bench of Justices Indira Banerjee and AS Bopanna revived a June 22 interim order of the High Court which had directed "food, including meat, chicken, fish and egg, and other items, prepared and served to the school going children of Lakshadweep, as done in the past, should be continued until further orders. To make it clear, the earlier system should continue".

. The appellant contended that the decision of the administration to change the midday meals menu and shut down dairy farms on the islands infringe upon the ethnic culture, heritage, food habits and the rights of the residents under Articles 19 and 300A of the Constitution of India.

The plea pointed out that Lakshadweep has been providing midday meals since the 1950's and serving cooked meat and other foods to school going children from pre-primary to elementary levels.Since 2009, the same was being provided to students till the 12th standard as well.

However, a new menu without any meat products was implemented which, according to the appellant, is completely violative of the right to food guaranteed under Article 21 of the Constituition of India.

Regarding the order to shut down dairy farms on the Islands, the appellant stated that the Administrator, along with the Director of Animal Husbandry, issued an order on May 21, 2021 directing all dairy farms run by the Animal Husbandry Department to be shut down. The order also directed veterinary units to dispose of available animals such as bulls and calves by auction.

It was argued that the attempt to close down the farms was done with the intention to implement the proposed Animal Preservation(Regulation) 2021, which bans slaughter of cows, calves, bulls etc.

The plea stated that by closing down dairy farms, the residents of the islands will be forced to purchase milk products that are produced by private companies from other states such as Gujarat. It is pointed out that presently, the Central government is preparing plans to promote dairy farming in other states to help them achieve self sufficiency.

The appellant also argued that the residents of the Islands depend mainly on the government for employment and since January, 2021, nearly 300 hundred people have lost their jobs as primary education teachers, midday meal cooks, employees of Department of Animal Welfare and Agriculture , among other. It is claimed that this is due to the "Tuglaq Reforms" introduced by the current Administrator, Praful Patel.

. However, a Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly of the Kerala High Court dismissed the PIL in September 2021, prompting the instant appeal.

The High Court accepted the stance of the central government that thenew midday meals menu was set based on food availability on the islands and the recommendation of experts.

It is argued in the appeal that the HIgh Court failed to consider that the right to food is a fundamental right guaranteed under Article 21 of the Constitution of India and people, including minors, have the right to have food of their own choice.

. Senior Counsel IH Syed along with advocates Abid Ali Beeran, Peeyus Kottam, Sarath S Janardanan and Aniq Qadri represented the appellant.

[Lakshadweep] Supreme Court grants interim relief in challenge to remove meat from midday meals, shut down dairy farms

Giti Pratap

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