Right to Food Campaign
		IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION  WRIT PETITION (CIVIL) NO.196 OF 2001  People’s Union for Civil Liberties … Petitioner (s)  -Versus-  Union of India & Ors. … Respondent (s)  ORDER  After hearing learned counsel for the parties we issues the following directions:  (a) The Gram Panchayats shall frame employment generation proposals in accordance with the Sampoorna Gramin Rozgar Yojana (SGRY) guidelines for creation of useful community assets that have the potential for generating sustained and gainful employment such as water and soil conservation, afforestation and agro-horticulture, salvipasture, minor irrigation and link roads, These proposals shall be approved and sanctioned by the Gram Panchayats and the work started expeditiously.  (b) The respondents shall focus the SGRY programme towards agricultural wage earners, non-agricultural unskilled wage earners, marginal farmers and, in particular, SC and ST persons whose wage income constitutes a reasonable proportion of their household income and to give priority to them in employment, and within this sector shall give priority to women.  (c) The respondents shall make the wage payment on a weekly basis.  (d) The respondents shall prohibit the use of contractors in the SGRY programme.  (e) The Central Government shall make financial releases under the different employment generation schemes to each State on schedule, provided that the State Governments fulfil the conditions as prescribed by the SGRY. The State Governments are directed to fulfil these conditions and implement the SGRY expeditiously. The State Government will furnish utilisation certificate and it is only on the furnishing of the same that further amounts shall be released. The funds provided shall only be utilised in respect of SGRY programme.  (f) The Gram Sabhas are entitled to conduct a social audit into all Food/Employment schemes and to report all instances to misuse of funds to the respective implementing authorities, who shall on receipt of such complaints, investigate and taken appropriate action in accordance with law.  (g) On a complaint being made to the Chief Executive Officer of the Zilla Panchayat (CEO)/Collector regarding non-compliance of the orders of this Court the Concerned CEO/Collector shall record the salient features of the complaint in a register maintained for this purpose, acknowledge receipt of the complaint and forthwith secure compliance with this Court’s order.  (h) The CEO/Collector of all the Districts in the States and territories shall scrutinize the action taken by all the implementing agencies within their jurisdiction to ensure compliance with this court’s orders and report to the Chief Secretary.  (i) The responsibility for implementation of the order of this Court shall be that of the CEO/Collector. The Chief Secretary will ensure compliance with the order of this Court.  (j) Dr. N.C. Saxena, former Planning Secretary, Government of India, and Mr.S.R. Shankaran, former Secretary, Rural Development, Government of India, shall function as Commissioners of this Court for the purpose of looking into any grievance that my persist after the above-mentioned grievance resolution procedure has been exhausted.  (k) On the Commissioner’s recommending a course of action to ensure compliance with this Court’s order, the State Government/UT administrations, shall forthwith act upon such recommendation and report compliance.  (l) The Commissioners shall be at liberty to take the assistance of individuals and reliable organizations in the State and Union Territories. All officials are directed o fully cooperate with such persons/organizations, to bring about effective monitoring and implementation of the order of this Court.  (m) The Gram Sabhas are empowered to monitor the implementation of the various schemes and have access to relevant information relating to, inter alia, section of beneficiaries and the disbursement of benefits. The Gram Sabhas can raise their grievance (s) in the manner set out above and the redressal of the grievance (s) shall be done accordingly.  (n) It ahs been started by the Petitioner that the identification of BPL families is not being done properly and that the criteria for the identification of the BPL families are neither clear nor uniform. The Central and the State Governments are directed to frame clear guidelines for proper identification of BPL families.  (o) The respondents shall ensure that the ration shops remain open throughout the month, during fixed hours, the details of which will be displayed on the notice board.  To come up for further directions after 12 weeks.  Sd/- CJI  Sd/- ARIJIT PASAYAT J.  Sd/- H.K. Sema J.  New Delhi  May 8, 2002