Raise coverage under food security Act: Supreme Court tells Centre

The Supreme Court directed the Centre to come out with a solution so that benefits under the National Food Security Act (NFSA) are not restricted in accordance with the Census 2011. And, more and more needy persons get the benefits under the Act.

Keeping in mind that the ‘Right to Food’ is a fundamental right available under Article 21 of the Constitution, in 2021, the apex court directed the Centre to re-determine coverage in accordance with Section 9 of the NFSA. 

“The Union of India did not undertake any exercise to re-determine coverage under the Act. Therefore, the current petition was filed in the Supreme Court,” said Anjali Bhardwaj, one of the petitioners in the case. 

The Centre had stated, in its affidavit, that the Act requires coverage to be updated in accordance with the latest Census figures. However, the 2021 Census has been postponed indefinitely and no date has been notified regarding its publication. So, coverage under the Act cannot be re-determined, the Centre added.

During the hearing, it was pointed out by the counsel for petitioners that due to the coverage not being increased, despite the increase in population, more than 100 million people have been left out of the purview of the food security net. They should have been issued ration cards.

The counsel for petitioners said in light of the delay in the publication of Census 2021, the government could use official population projections published by the health ministry to expand coverage.

Taking note of the submissions, the apex court directed the government to “look into the same and come out with a formula and/or appropriate policy/scheme, if any, so that the benefits under NFSA are not restricted based on the Census 2011.

And, more and more needy persons/citizens get the benefit under the National Food Security Act, keeping in mind what has been observed and held by this Court in a catena of decisions that ‘Right to Food’ is a fundamental right available under Article 21 of the Constitution.

The Union government may look into the same by considering the figures/projection of population increase during 2011-2021. This would be on an assessment of the increase in population and file their response on the next date of hearing.”

Pointing out the need for registration of unorganised sector workers, the court said the government should ensure such people can access benefits under various welfare schemes and policies.

The matter was heard by the Bench of Justices M R Shah and B V Nagarathna on July 21 and the order was reserved. The case would be heard again on September 27.