If you are opening schools allowing congregation, then why can't you start mid-day meals? Karnataka High Court to State

The Karnataka High Court on Wednesday questioned the logic of the State government in reopening schools thereby allowing congregation but at the same time withholding mid-day meals citing COVID-19. .A Division Bench of Justices BV Nagarathna and NS Sanjay Gowda refused to buy the State government's argument that the mid-day meal scheme was not resumed in schools situated in certain areas which showed spike in COVID cases and in schools near the Kerala-Karnataka border..“For one year you were aware of this consequence, still there is no plan in place. If you allow opening schools, it allows congregation. If you can permit that, then why can't you start mid-day meals," Justice Nagarathna asked. .The Bench further remarked that right to education being a fundamental right under Article 21A, mid-day meal is also a facet of that right since students cannot be expected to study on empty stomachs. ."Right to Education is a Fundamental right under Article 21A. The provision of mid-day meal will become a fundamental right, as you cannot ask them to study on an empty stomach. Though it is in the form of a scheme, ultimately we will have to make it a Fundamental Right. Nobody can study on a hungry stomach," the Court remarked.The Court was hearing petition filed by one Radha M seeking directions to the State to provide mid-day meals to students of classes from Standard 6th to 8th as regular schools have re-opened in the State..The State government told the Court that dry rations will be provided to children till April 10 while the State is still awaiting directions from the Central government on re-starting the mid-day meal scheme. ."Schools have been reopened in a phased manner and children are attending classes from 6th to 10 standard. The state has a system of providing mid-day meals in government and aided schools but owing to Covid-19, it is not known as to whether there is the provision of mid-day meal to children attending schools," the Court said in its order. .The Court also proceeded to seek the response of the State government on whether cooked meals can be provided to children in Anganawadis in the State. .“The fact is that Anganwadis have opened and inter alia children between 3 years and 6 years are attending. Therefore, it becomes incumbent to serve hot cooked meals in the anganwadis. It is not known as to whether the system of providing cooked meals to children in anganwadi has been reintroduced on the opening of anganwadis or the subsequent lockdown and unlocking period, ordered by the state government.”.The state, on Wednesday submitted a short statement reiterating its stand of surge in COVID-19 cases as a reason for not starting the scheme..Senior Advocate Jayna Kothari, appearing for the petitioner, relied on directions issued by the Supreme Court in the case of Dipika Hagatram Sahant v. Union of India & Ors. to rebut the State's contention. ."Dry ration was provided when schools were closed. Now they have reopened, from standard 6th to 8th standard and anganwadis have reopened…..On the pretext of the meal, children will get education", submitted Kothari..The Bench concurred stating that attendance and enrollment in schools will improve if mid-day meals are provided. .You (state government) take a decision to serve food to the students, attendance in schools, enrollment in schools will improve. Children will be back in the education system. Why are you abdicating your responsibilities to provide food? You need not ask the Central Government, you are a sovereign government. Take action," said the Court..This is the time for the Education Department to rise to the occasion and play a proactive role, it added. .“Managing this pandemic as a health issue is one big challenge. It cannot lead to further challenges. Now you start giving cooked food. You don't need to take permission from the central government," the Bench reiterated. .The state has to respond on whether mid-day meals are provided to children attending schools physically from 6th standard to 8th standard and what steps would be taken in that regard..The matter will be heard next on March 31.