Supreme Court raps Gujarat over not Implementing Food Security Law

NEWD DELHI: The Supreme Court on Monday slammed Gujarat for being out of line on the Food Safety Act, after it was told that the state government has yet to implement the law enacted when the Congress-led UPA was in power at the Centre.

A bench of Justices Madan B Lokur and RK Agrawal asked the state how it had scant respect for laws made by Parliament. “The question is whether you believe in Parliament or Indian laws? As of now the law stands or not? If not, why?” Justice Lokur asked state’s counsel Hemantika Wahi.

The law, enacted in 2013, seeks to ensure cheap food grains to the poor. It is yet to be implemented throughout the country, a PIL filed by NGO Swaraj Abhiyan has alleged. Many states have rolled out it, at least partially, but not so far by BJP-ruled Gujarat.

If Gujarat were allowed to have its way, then other states which were implementing it could take a cue and stop, the bench observed.

Acting on the PIL, the court had at the last hearing asked Solicitor General Ranjit Kumar to collect information from all states and union territories on the implementation of the food security law. At the renewed hearing, the SG said Gujarat was one of the eight states which were not implementing the Act as it had certain reservations on it.

“How can they (the Gujarat government) say it? It is an Act passed by Parliament. You want to break away from the Union of India? It is an Act passed by Parliament. Tomorrow Bihar will say we are not implementing it because Gujarat is not implementing it,” Justice Lokur said. “A law is passed by Parliament. Can states say we are not going to implement … What about the CrPC (Code of Criminal Procedure)? Tomorrow some other states will say we are not going to implement it.”

Wahi said the state government has yet to make a decision on the matter.

The SG said he had information that some states such as Jharkhand and Karnataka were implementing it. He, however, sought more time to place details on this. He will now file the details by February 12 and the court will hear the case again on February 15.

The NGO urged that the law not be confined to families below the poverty line, but extend to all families in 11 drought-affected states.

The petitioner’s lawyer, Prashant Bhushan, meanwhile, sought extending the benefit of 100 days of assured work under the rural employment guarantee programme to at least 150 days in a year in Uttar Pradesh, Madhya Pradesh, Karnataka, Andhra Pradesh, Telangana, Maharashtra, Gujarat, Odisha, Jharkhand, Bihar and Chhattisgarh.