THROUGH an order passed in the case – Ganpat Dharma Mengal & others v. Tehsildar Office, Murbad & others, on October 29, 2021, Justices Prasanna B. Varale and Madhav J. Jamdar, at the Bombay High Court, have made it quite clear that the policy under the National Food Security Act refers to the Aadhaar Card as one of the modes for identifying the person and further, the notification of February 8, 2017 makes the position very clear, in this regard in clause 5. The High Court has also mentioned that the same notification of February 8, 2017, was issued in pursuance of the provisions of the Aadhaar (Targeted Delivery of Financial and Other subsidies, Benefits and Services) Act, 2016.

 

Though, the Court has noted that the grievance in this case was raised by the 3 petitioners before the High Court, it can be safely said that the persons enlisted in the list at page No. 151 to 158 (duly signed by Tehsildar, Murbad) and the persons enlisted in the list at page No. 173 to 187 are similarly circumstanced with the petitioners. As the Court was 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 grounds by the respondent-authorities, by way of interim direction, the Court directed the respondents to distribute the food grains to the petitioners and similarly circumstanced persons – the tribal beneficiaries of Murbad Taluka under the public distribution scheme as well as the provisions of the National Food Security Act and the Pradhan Mantri Garib Kalyan Anna Yojana. The High Court has stated that the respondents are at liberty to verify the ration cards of the petitioners and the similarly circumstanced tribal persons.

 

The Court had also directed the authorities before it, to distribute the food grains to the tribal persons before November 4 – the Diwali day and the Collector, Thane was instructed to implement and supervise the distribution and to assure that the order of the High Court is duly complied with within the stipulated period. Commenting on the “disheartening situation for we the fortunate” the HC, in the opening paragraph of its order, stated that when we were eagerly awaiting for approaching festive season, here are the few petitioners, who are the members of the marginalised section in general and tribal in particular, have approached the Court with a grievance that they have been deprived of the basic requirement of human life –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 reason for deprival of distribution of food grain to these petitioners is that their Aadhaar Card is not linked with the system and secondly, in view of the Government Circular of October 13, 2016, for receiving the benefits of public distribution system, it is a prerequisite that Aadhaar Card of each member of the family who is enlisted in the Card must have been linked in the RCMS system/portal. The petitioners are the residents of the tribal area of Murbad tehsil in Thane district. The Union of India has formulated the Scheme, namely, the National Food Security Act, 2013 with a laudable object as it is stated in the Act to provide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected there with or incidental thereto. Section 3 of the said Act, deals with the provisions for food security. Now on the basis of the said Act, the State of Maharashtra issued Government Resolution of October 13, 2016 under the caption “Furnishing of District-wise Updated target and Action to be taken there for under the National Food Security Act, 2013”. The requirements in the October 13, 2016 GR are clearly in contrast and stark opposition to the notification of February 8, 2017 issued by the Central Government 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 or Union Territory’s Food Department. Clause 5 of the notification further makes it very clear that notwithstanding anything in above paragraphs, any member of eligible household listed in the Ration Card shall be entitled to receive the entire quantity of entitled subsidised food grains or Cash Transfer of Food Subsidy under NFSA, if any one member of the household in the Ration Card fulfills the identification conditions mentioned in the clauses, in case Aadhaar number is not yet assigned to all such members of the household. In the present context it would be useful to refer to relevant and very important observations of the Supreme Court in the decision of the case – K. S. Puttaswamy v. Union of India- (2019) 1 SCC 1, popularly known as “Aadhaar Card Judgment”. The Supreme Court has observed in this judgment that dignity is an integral element of natural law and an and an inalienable constitutional construct. To lead a dignified life is a constitutional assurance to an individual. Even the Scheme floated under the National Food Security Act aims at an object to provide the food grain to the weaker section of the society in conformity with the object which has been already stated in the Order and referred to by the Court. The beneficial Schemes are not charity or doles.

 

Technology shall not be a rider for implementation of the scheme. The Aadhaar project suffers from crucial design flaws which impact upon its structural probity. Structural design in delivering welfare entitlements must be compliant with structural due process, to be in accord with Articles 14 and 21. The HC has directed all concerned to act upon authenticated copy of this Order issued by its Registry. The High Court has ordered listing of this case on its Board for further consideration on December 1, 2021.