‘You Cannot Ask Them To Study On Empty Stomach' : State Government Faces Wrath Of Karnataka High Court

KEY TAKEAWAYS

• A two-judge bench of Karnataka High Court has recently directed the state government to submit a reply to the question of whether mid-day meals are provided to children attending Anganwadi by 30th March.
• Mid-day meals in Karnataka are provided by the state government to students from class 6th to 8th standard.
• The bench comprising of Justice B V Nagarthana and Justice NS Sanjay Gowda also issued directions on the issue when the state government informed the court that it was waiting for the central government’s nod to resume the mid-day.

BACKGROUND DETAILS

• A petition was filed by Radha M in Karnataka High Court seeking orders to direct the state government to start mid-day meals for students attending schools.
• The petitioner contended that the mid-day meals should have commenced for students as regular schools have begun.
• The State Government informed the court that dry rations were provided to students to which Senior advocate Jayna Kothari appearing for the petitioner relied on a Supreme Court judgment.
• The senior advocate said that ‘on the pretence of meals children will receive an education. Also, dry rations were provided to children when schools were shut down and now when schools have reopened children should be provided proper mid-day meals.’

FURTHER DETAILS

• The State in its response to the questions asked by the court replied the following:

With regards to proceeding with mid-day meals

• The state government replied that it was waiting for the central government's directions to restart mid-day meal provisions.
• Also, it informed the court as there is a spike in covid cases in certain areas near Kerela – Karnataka border so mid-day meals have not started in such areas.

Whether the State intends to restart mid-day by 30th March

• The state government in its reply showed no signs of any such intention of starting the mid-day meals during covid and maintained its stance that due to the rise in the cases of covid they do not think to start the scheme as of now.

COURT OBSERVATIONS

• The court orally observed that the right to education is a facet covered under article 21 which is a fundamental right thus the provision of a mid-day meal automatically becomes a fundamental right because one cannot ask students to study on an empty stomach.
• Further explaining the court said that they will have to recognise this as a fundamental right even though mid-day meal is in form of a scheme as this fact cannot be denied that a pupil cannot study on a hungry stomach.
• The bench lastly urged the state government to take immediate action on the issue of mid-day meals as the court felt that the period of a covid pandemic is itself a challenge.

Do you think the concerns of the court are correct to provide meals to children during a pandemic? Comment below.