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The Karnataka High Court in its order passed on 10.11.2020 has directed the State Government to give information of how much time and by what measures it would compensate every student who is eligible to avail the benefits of the Mid-day meal scheme but was deprived of from May 31, due to Covid 19 outbreak.
The direction is the result of the statement given by the State Government that after 31st May 2020, there is no implementation of the provisions given in clause ( b) of subsection (1) of Section 5 of the National Food Security Act, 2013 along with the Midday Meals Rules, 2015.
A division bench of Chief Justice Abhay Oka and Justice Aravind Kumar observed, " Although all the schools run by Local Bodies, the Government or Government aided schools were closed due to Covid 19 pandemic, still the State Government is bound to follow the provisions of clause (b) of sub-section (1) of Section 5 of the National Food Security Act,2013."
It also said- " such delay will result in a violation of rights of the children who are eligible fo mid-day meals under clause (b) of sub-section (1) of Section 5 of the act of 2013 and also of the rights guaranteed under Article 21 of the Indian Constitution."
The provisions of the act say that mid-day meals should be provided to the children up to class VIII or children between the age of 6-14 years( clause (b) of subsection (1) of Section 5 of the act of 2013).
The bench has instructed the Secretary in charge of the concerned department responsible for the implementation of the provisions of clause (b) of subsection (1) of Section 5 of the said Act of 2013, to file an affidavit by 17th November.
It should be mentioned in the affidavit that in what way and within how much time each student who is eligible to get the benefit of mid-day meal but was unable to get due to Covid 19 outbreak, how will they be compensated. Either they will be provided food or food grains, the secretary has to mention that and also he will lay down the measures taken by the State Government to enforce the provisions of the rule of 2015 that too during the present pandemic situation.
The Court directed the Secretary to state in the affidavit that how he will ensure strict enforcement of the provisions of the said rule of 2015 and also how he will make sure that each beneficiary will get the food from Anganwadi's regularly.
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