Special report (as a follow-up to fourth report)

5. The content in this section is largely drawn from a meeting convened by the Department of Women and Child Welfare, held at New Delhi on 25 November 2003. The meeting was called to discuss the recommendations made by the Commissioners regarding the ICDS programme as well as analyze to what extent the Hon'ble Courts orders have been complied with.

5.1 It may be recalled that in an order dated 28 November 2001, the Hon'ble Court had directed all states to ensure that there is an Anganwadi centre in "every settlement". The intention of the order was to provide universal access to ICDS. However, the Department of Women and Child Welfare has admitted in a recent meeting, that orders aimed at compliance with this directive have not been issued. Further, the Department maintains that due to financial constraints it is unable to cover "each child, pregnant & nursing mother and adolescent girl" under the scheme as directed by the Supreme Court6. Requests made by the Department for enhanced financial allocations have been turned down.

5.2 The response of the Department indicates that the Supreme Court Orders have been interpreted within the existing guidelines, rather than as directions that go beyond the same. This is the rationale used for not universalising the scheme either in terms of reaching every "settlement" or in terms of covering "each" beneficiary (child within the age group of 0-6, pregnant and nursing mother, adolescent girls).

5.3 The net result is that only 3.4 crore children are getting the benefit of supplementary nutrition under ICDS. This is nowhere near the number of children in the relevant age group (over 15 crores), or the numbers that are malnourished (8.5 crore), or even the numbers belonging to families below the poverty line (6 crores). The percentage of adolescent girls being covered is much less as the scheme for them has not been as per the information received from FCI as on 26.6.2003. 6 Dated 28thNovember 2001.

operationalised for all Anganwadi centres. The coverage of settlements is also not complete. At present for around 14 lakh habitations, there are only 6.05 lakh reporting Anganwadi centres. Thus the present coverage of the scheme is clearly insufficient to meet the needs of all those who require it.

We may add that 3.4 crore is the theoretical entitlement, actual coverage is much less, as the states do no provide sufficient funds to meet the cost of nutrition.

In the light of the above we advise the Honourable Court to:

A. Issue clarificatory orders that the term " settlement" as used in the Order dated 28 November 2003 pertains to a cluster of households within a village. The order must not be interpreted by the Department, as only operationalizing the present number of sanctioned ICDS projects.

B. Issue orders that the ICDS services be extended to every child, pregnant and lactating mother and adolescent girl, as directed in the order dated 28 November 2003. The services must not be restricted to disadvantaged families or to a predetermined number identified and given to the states.