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Synopsis

The Orissa High Court has warned both the Union and State Governments against denying the benefits of various welfare programmes to destitute members of vulnerable groups solely because they lack an Aadhaar card or mobile phone number.

“The fact is that there are still several poor and vulnerable individuals, in the State of Odisha and in the country, who may not possess either,” the high court said.

While hearing a Public Interest Litigation (PIL) pertaining to a serious condition that emerged in Jajpur district due to severe malnutrition of children, the division bench of Chief Justice Dr S. Muralidhar and Justice Gourishankar Satapathy observed,

“…this needs to be made abundantly clear at both the State level as well as the National level since this welfare schemes are meant to cater to the needs of the most vulnerable and poor sections of our society who cannot be excluded on any ground including the lack of an Aadhaar Card or a mobile phone. The fact is that there are still several poor and vulnerable individuals, in the State of Odisha and in the country, who may not possess either.”

During the hearing, the court observed that under the Public Distribution System (PDS) coverage of the population under the National Food Security Act (NFSA) is not "universal."

The court said, “Today’s discussion threw up expressions like ‘allocation’ and ‘vacancies’ pointing to the fact that there might be sections of our society, and this includes the most vulnerable, who may not be covered under the PDS system. Since the distribution of nutritional supplements and rations happens only through the PDS, there is every likelihood that a child or an expectant mother in a family in need of such supplements and rations may not receive them.”

The bench admonished the Department of Women and Child Development of the Union Government to ensure that coverage under the schemes is increased year after year, stating that this can only occur if systems are implemented that incentivize 'inclusion' rather than 'exclusion'.

The Collector of Jajpur informed the court that, at least in the Jajpur district, the lack of an Aadhaar card does not prevent a person from being enrolled in the PDS. He also referred to the instructions issued on 10 July 2020 and reiterated on 6 January 2023, in which it is specified that those without Aadhaar cards will receive rations via a "bypass system."

The court accepted the Collector of Jajpur's affidavit stating that no one in the Jajpur district of Odisha has been denied rations solely for lacking an Aadhaar card or mobile phone. The Secretary of the Odisha WCD Department confirmed that this was the case throughout the state.

Regarding minors between the ages of 0 and 6, the WCD Ministry of the Government of India has issued explicit instructions not to require Aadhaar cards in order to acknowledge entitlements.

The division bench noted, however, that they were unable to rule out the possibility that a juvenile older than six years (or any person older than six years) without an Aadhaar card or a mobile phone could be excluded from the PDS system.

Noting the unfortunate events in the Danagadi Block of the Jajpur district that were the subject of the PIL, the court reminded both the State and Union Governments while stating that welfare schemes are intended to meet the needs of the most vulnerable and poor sections of the society, who cannot be excluded from the list of beneficiaries on the basis of not having an Aadhaar card or mobile number.

Case Title: Mantu Das vs. Union of India & Ors.