Help me to solve ...
saj
(Querist) 29 March 2014
This query is : Resolved
help me to defense as union of India,
in detail with case laws, articles
kindly solute all issues
need to handle as the Indus (respondent)
SAMAJ SEVA SANGH V/S UNION OF INDUS
Indus is a democratic nation. Indus being a democratic & welfare state, welfare of
the people should be her paramount consideration. The Constitution of Indus mandates
the government to undertake appropriate measures in the field of healthcare, food,
employment, poverty, etc.
These obligations are prominently stated in the scheme of fundamental rights &
directive principles of the state policy. Even after providing copious provisions for
combating malnourishment & starvation deaths, a survey conducted by Janata Seva
Samachar Patra revealed the grim state of affairs showing that 40% of people are dying
due to starvation every year, while there being a surplus stock of food grains lying
unused & rotted in the government godowns. The survey result was published in the
newspapers & made the government to take notice of the same & the government
responded by enacting “Food For All Act”, 2013.
Food For All Act, 2013
Preamble: An Act to give effect to the various International Instruments on “Right to
food”& to ensure food for all persons at all times, in pursuance of right to live with
dignity.
1: Extent & Commencement: (1) This Act may be called the Food for All Act, 2013.
(2) It extends to the whole of Indus.
(3) It shall come into force on the 1st day of April,2013.
2: Definitions
(a) “Food for all”: means sufficient availability of food grains to the deserved
family.
(b) “Adequacy of food”: means having sufficient and nutritious food at affordable
price for all the family members for healthy living.
(c) “Deserved family”: means a family and includes BPL card holders, senior
citizens, infirm persons, disabled persons, destitute men & women, pregnant
women, destitute children and the like cases, but excludes land owners, tax
payers and persons already covered by the Central Government financial
schemes.
(d) “ Food grains” : means and includes rice, wheat and coarse grains.
(e) “ Ear marked Public Distribution Shops” : means shops selected by the
Government to provide grains at subsidized rate to the deserved families under
this Act.
(f) “ Subsidized Rate” : means rate fixed by the Government i.e. Re.1/-per Kg of
rice for 5 Kg, Rs.3/-per Kg of Wheat for 3 Kg and Rs.10/-per Kg of Coarse
grains for 3 Kg.
(g) “ Accessibility of food” : means economical access at all times to sufficient food
taking into account the changes in the circumstances.
(h) “ Minimum Price” : means the price covering the cost of Production only.
(i) “ Fair & Reasonable Price” : means the price including cost of production,
transportation & porterage.
3: Each member belonging to “deserved family” shall be entitled to sufficient food by
availing those food grains per month at subsidized rate through earmarked public
distribution shops:
Provided exclusion of one member is deemed to be exclusion of other members
of family from the purview of this Act;
Provided further that the farmers shall contribute 50% of these food grains for
the purpose of this Act, for which they shall be paid minimum price by the government.
Farmers are free to sell remaining 50% of these food grains in free market at any price.
4. The provisions of International instruments on Human Rights shall be taken in to
account while giving effect to the provisions of this Act.
5. Notwithstanding anything contained in any other law for the time being in force in
Indus, governing food subsidies to the poor, the provisions of this Act will
be given effect thereto.
A five year old girl Soadha in Ghasibpur village(Indus)died due to
starvation, as her poor father owning one acre of dry land couldn’t get enough food to
feed his family of 12. He could not get benefit of the said Act as he didn’t fall within the
definition of “deserved family”.
In another case, Ghazaginagar village (Indus) faced deluge, which swept
away innumerable villagers & the one who survived were trapped in water & were
unable to get essential commodities like food, water as government couldn’t reach them
because of flooded water & the private shops operating in that village provided those
hapless with food which was not only inadequate but too costly which many could not
afford to buy. They have charged rice plate Rs.500/- per plate, Biscuits Rs.200/- per
packet, etc.
Noticing the above two ghastly incidents Samaj Seva Sangh, a Non
Governmental Organization approached the Government to amend the Act, to provide
food for all under all circumstances - to which Government showed callous and
indifferent attitude. Therefore espousing the cause of those deprived & hapless people,
Samaj Seva Sangh filed a PIL petition before the Supreme Court.
The Government in its reply has challenged the very maintainability of petition.
Points for consideration before Hon’ble Supreme Court of Indus;
1) Whether the said petition is maintainable?
2) Whether the impugned Act is violative of the Constitution?
3) Whether the impugned legislation is violative of International Human Rights
instruments?
The Hon’ble Supreme Court has posted the case for hearing of both the parties.
The Constitution of Indus is similar to that of the Constitution of India.
Guest
(Expert) 30 March 2014
Finally the Supreme Could dismiss this case saying it would be the decision of policy of Parliament and Assembly and supreme court would not involve in this
Guest
(Expert) 30 March 2014
Academic query.
R.K Nanda
(Expert) 30 March 2014
academic query.
Guest
(Expert) 31 March 2014
Happy Ugadhi to Mr.M.Jaggarao
malipeddi jaggarao
(Expert) 01 April 2014
Thanks Mr.Mehar Afshan Ibrahim and wishing the same to all LCI members, especially those are from Andhra Pradesh, Maharashtra and Karnataka as it is the New Year day for these three states.
T. Kalaiselvan, Advocate
(Expert) 30 March 2014
