School children of Bhagalpur take to rag-picking after discontinuation of mid-day meals: Patna HC and NHRC take suo moto cognizance of the case

The News Report that caused a stir 

 - A news report by the Indian Express mentioning the children of Mahadalit and Babdilla village in Bihar from economically and socially deprived sections turning to rag picking and garbage collection after the discontinuation of the mid-day meal scheme, led to a suo motu cognizance by Patna HC and NHRC.

- The news report stated that after shutting down of Anganwadis and suspension of mid-meals to children under the various government schemes, many families and children faced economic distress during the lockdown and could not manage to avail food.

- A sum of Rs.114.21 to children from classes 1-5, and Rs.171.17 to children from classes 6-8 was to be remitted in the bank accounts of the parents but various incidents were reported where no such transfers were made since April 2020 as a result of which many resorted to begging and scrap selling.

The decision by the Authorities

Patna High Court

-The bench of Chief Justice Sanjay Karol and Justice S. Kumar have taken cognizance of the matter.

-The Court order said that “deficient children who rely heavily on government schemes to meet their daily nutrition requirements have been put at risk. The disruption and closure of schools across the state will have a negative impact not just on children’s right to education but also in specific cases, their right to adequate food”.

-The court directed the state government through the education department to file an affidavit on all the issues within the next two days.

-The Court cited Article 47 of the Constitution which mentions the states duty to raise the level of nutrition and standards of living of its people and improve public health and the National Food Security Act, 2013 which casts a statutory obligation on the government to provide nutritional support to children.

- In the interregnum, the bench told that the Anganwaidis, Community Centre(s) or the schools can be opened up only for the purpose of providing food to the children in conformity with the directions under COVID-19 crisis and also asked the state authorities to ensure that no child is pushed into begging or rag picking, especially on account of lack of food.

NHRC

The NHRC observed that in spite of the lockdown many children from other states may not be facing the same difficulties. In this regard, it has issued notices to the Secretary, Department of School Education and Literacy, Union Ministry of Human Resource Development, and the Chief Secretary, Government of Bihar calling for a detailed report in the matter, within four weeks.

It mentioned Article 21-A of the Constitution on the Right to Education along with Article 24 and Article 26, where States should recognize the rights of the child to the enjoyment of the highest attainable standard of health, and the right to benefit from social security including social insurance by making national law respectively.

The Commission further observed that children engaged in rag picking and begging would be prone to drug addiction and trafficking by the criminal elements of the society, involved in illicit activities.

What do you think about the condition of poor children in other states?

How can the State improve the mid-day meal schemes amid the ongoing COVID crisis? Mention in the comments below.