Aadhaar not sole criterion for identifying beneficiary under National Food Security Act: Bombay High Court

The Bombay High Court last week said that Aadhaar is only one of the criteria for identification of a beneficiary under the National Food Security Act but not the sole criteria (Ganpat Dharma Mengal & others. v. Tehsildar Office, Murbad & Ors.).

. A Bench of Justices PB Varale and Madhav Jamdar said that there is another document on which the beneficiary can rely upon to receive the benefits of the scheme under the Food Security Act and that is “ration card” issued by the State of Union Territory Administration, Food Department.

In this regard, the Court said that the Central government's February 2017 notification made it clear that Aadhaar was not the sole criterion for identifying beneficiaries.

Hence, the requirements set out in the State's Government Resolution (GR) dated October 13, 2016 for availing benefits under the National Food Security Act are clearly in contrast and stark opposition to the notification issued by the Central government dated February 8, 2017.

"This notification clearly states that for identification of the beneficiary, Aadhaar Card is one of the criteria and the perusal of notification shows that for identifying the beneficiary the Aadhaar card is not the sole criteria. There is another document on which the beneficiary can rely upon to receive the benefits of the scheme and that is “ration card” issued by the State of Union Territory Administration, Food Department," the Court noted.

. On these among other grounds, the Court directed the Maharashtra government to distribute food grains to tribal areas of Murbad, located in Thane District of Maharashtra even if the tribal persons do not have Aadhaar card linked to RCMS system / portal.

The authorities are at liberty to verify ration cards of the concerned persons, the Court added.

. The residents of the tribal area in Thane District of Maharashtra had approached the Court with the grievance that they are deprived of food grains as their Aadhaar card was not linked with the system.

In view of a Government circular dated October 13, 2016 for receiving the benefits of public distribution system, it was a prerequisite that Aadhaar card of each member of the family who is enlisted in the ration card must be linked in the RCMS system / portal.

. The Court expressed its anguish at the “disheartening situation” where while rest of the population are celebrating festive season, marginalised sections were forced to approach court for basic necessity - food.

"It is disheartening situation for us when we the fortunates are eagerly awaiting as the festive season is approaching and the festival of lights would spread joy and happiness in the society throughout the State or the whole nation, here are the few petitioners who are the members of the marginalised section in general and tribals in particular who have approached this Court on a grievance that they are deprived of the basic requirement of human life, i.e., food, only on account that the State machinery is not technically equipped to give them the benefits flowing from the scheme formulated and floated by the Union of India and to be implemented and executed by the respective States," the order said.

. The Court, therefore, proceeded to direct civic authorities to distribute food grains among the tribal persons in compliance with the provisions of the National Food Security Act and PDS scheme under the Pradhan Mantri Garib Kalyan Anna Yojana.

“We are unable to find any logic, reason or rational for denying the benefits of distribution of food grains to the Petitioners and alike persons raising certain technical ground by the Respondent authorities,” the Bench said.

. The Bench also relied upon the judgement in KS Puttuswamy case, in which the Supreme Court had observed that leading a dignified life is a constitutional assurance.

. The Court noted that there are:

As many as 85 persons have approached the Tahsildar, Murbad raising the grievance of non receipt of the food grains under the public distribution system;

Various representations were submitted to district authorities requesting them to distribute food grains under PDS taking recourse to national food security act.

“They are the beneficiaries of scheme framed by the Central government and the State government and they are expecting the regular distribution of food grains to them and particularly for the festival season,” the Bench emphasised.

. Additional Government Pleader AS Purav on instructions, submitted that the reason for non distribution of food grains to some persons was that their Aadhaar card was linked to a place different from the place of residence of these persons.

The Court, however, reasoned that considering these were all tribal persons and not literate as such, if a mistake is committed by shop owner, the same cannot be the reason for denial of food grains to ration card holders under the benevolent schemes.

. The Bench also directed the authorities to complete the entire exercise by November 4, 2021.

. [Read Order]

Aadhaar not sole criterion for identifying beneficiary under National Food Security Act: Bombay High Court

Neha Joshi

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