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This is an archive article published on June 25, 2021

Why limit non-PDS scheme to 20 lakh beneficiaries, HC asks Delhi govt

Terming the 20 lakh number an “arbitrary and ad-hoc” figure, the court said that even on a “broad brush basis” to say that there are only 20 lakh non-PDS beneficiaries looking for free foodgrains would a “substantial underestimation”.

People collect free ration provided by the Delhi government at a government school. (Express Photo: Praveen Khanna, File)People collect free ration provided by the Delhi government at a government school. (Express Photo: Praveen Khanna, File)

The Delhi High Court on Friday said the Delhi government must “rise up to its responsibility” of providing adequate foodgrain to requisite number of people during the pandemic in the national capital, and questioned the State’s decision of limiting the benefit of its recent non-PDS scheme to only 20 lakh beneficiaries.

“If one person goes hungry, it is a failure of the scheme. How did you come to this figure? Why have a cap? You are a welfare state. If people go hungry, how can we permit that,” said the vacation bench of Justice Anup Jairam Bhambhani and Justice Jasmeet Singh.

The court made the observations while hearing an application filed by the Delhi Rozi Roti Adhikar Abhiyan against a Delhi government guideline which limits the number of beneficiaries, who can be given ration without requirement of ration cards, to a maximum of 20 lakh. The organisation has also questioned the rationale behind limiting the benefit as a one-time relief measure.

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Under the scheme, the state last month decided to provide free-of-cost 5 kg food grains – 4 kg of wheat and 1 kg of rice – to each beneficiary who does not possess a ration card.

Terming the 20 lakh number an “arbitrary and ad-hoc” figure, the court said that even on a “broad brush basis” to say that there are only 20 lakh non-PDS beneficiaries looking for free foodgrains would a “substantial underestimation”.

The Delhi government told the court that the State Cabinet took the decision to place the cap considering that the situation presently is different from the first wave of pandemic, when a very large number of migrant workers were stuck in Delhi and needed to be fed.

However, it also told the court that even out of the 20 lakh, only about 15.5 lakh have so far availed foodgrain under the scheme. The court was also told the Delhi cabinet was conscious of the issue.

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The bench in the order said, “Since we are of the view that the court must exercise judicial restraint and await appropriate action by the government, we say nothing more than to express our confidence that the government will rise up to its responsibility of providing adequate foodgrain to requisite number of beneficiaries…”

Stating that it will await the decision of the Delhi cabinet on appropriately revising the number of non-PDS beneficiaries under the scheme in question, the court asked the government to file an additional affidavit addressing the issue before the next date of hearing.

“We are also not sure if the styling of the measure as a one-time measure would serve the needy, and we also expect the Delhi cabinet to reconsider of its decision,” added the court.

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