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2. The high court has errored in not giving proper direction with regard to the

unhygienic food in midday meal scheme tragedy.

  It is humbly submitted that high court has errored in not giving proper direction with

regard to the unhygienic food.

It is very much clear from the commission report given in the fact that the food served in the

midday meals scheme is highly adulterated which contains non consumable particles and

have high content of pesticides than the permitted percentage and moreover the food were

cooked in unhygienic conditions and in an unhygienic way.

It is prima facie from the fact that food served in Government Girls School of Y District is

not in compliance with the criteria mentioned in the Supreme Court orders for the effective

implementation of Midday meal scheme.

he Supreme Court orders are the following!

• Basic Entitlement:- "very child in every Government School in the Government

assisted primary school should be given a prepared midday meal# with the minimum

content of $%% calories and &'() gms of protein# each day for a minimum of )%% days

a year.

• No charges:- he conversion costs for a cooked meal# under no circumstances shall

 be recovered from the children or their parents.

• Central Assistance:- he Central Govt shall also allocate funds to meet with the

conversion cost of food grains into cooked midday meal.

• itchen sheds:- he Central Govt shall make provisions for construction of kitchensheds.

• !uality "afeguards:- *ttempts shall be made for better infrastructure# improved

facilities like safe drinking water etc# closer monitoring +regular inspection etc#., and

other -uality safeguards as also the improvement of the contents of the meal so as to

 provide nutritious meal to the children of the primary schools.

• #riority to $alit coo%s:- In appointment of cooks and helpers# preference shall be

given to Dalit# SCs and Ss.

hese orders highlight how seriously the Supreme Court has viewed the implementation of

the midday meal scheme. hus# the main ob/ective of the midday meal scheme to encourage

 poor children belonging to disadvantaged sections to attend school regularly by providing

nutritious food is not fulfilled by providing highly adulterated and unhygienic food.

It was held in the case of 0arit 1ecyclers *ssociation v. 2nion of India 3 4rs.#

5 hat the scheme has been introduced by the govt# it is the obligation of the state to

see that it is properly worked out and no one becomes victim and suffers from any kind of

health ha6ard due to consumption of bad food7.

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In this regard we need to look upon the definition of 5*dulterated7 as contained in )+ia, +c,

+h, of prevention of food adulteration act#(89:!

  2&ia'&c' if any inferior or cheaper substance has been substituted wholly or in part for the

article so as to affect in/uriously the nature# substance or -uality thereof.

&e' if the article had been prepared# packed or kept under insanitary conditions

whereby it has become contaminated or in/urious to health.

&h' if the article contains any poisonous or other ingredient which renders it in/urious

to health.

hus having# regard to the aforesaid provisions substances used in preparing midday meal is

of adulterated articles which falls in above category.

;urther it was also held in the Issar Das v. State of <un/ab# that adulteration of food is a

menance to public health and statute had been enacted with the aim of eradicating the anti

social evils and for ensuring purity in the articles of food.

It was also contended in the Mithilesh v. State of NCT.Delhi # that articles of food can be

adulterated once it does not meet the specification and which is in/urious to health.

he significance on health and health services has also been laid in the article )+b, +c, +e, of

the convention on 1ights of the Child which states as follows!

State parties recogni6e the right of the child to the en/oyment of the highest attainable

standard of health and to facilities for the treatment of illness and rehabilitation of health state parties shall strive to ensure that no child is deprived of his or her right of access to such

health care services.

). State parties shall pursue full implementation of this right and particular shall take

appropriate measures.

+b, o ensure the provision of necessary medical assistance and health care to all children

with emphasis on the development of primary health care.

+c, o combat disease and mal nutrition including within the framework of primary health

care# through the application of readily available technology and through the provision of

ade-uate nutritious food and clean drinking water# taking into consideration the dangers and

risks of environmental pollution.

+e, o ensure that all segments of society# in particular parents and children are informed to

have access to education and are supported in the use of basic knowledge of child health

nutrious food and clean and advantage of breast feeding and hygine and environmental

sanitation.

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;urther under article )%+$, of the =orld Declaration on the Survival# <rotection and

Development of children (88% states as follows!

5=e will work for optimal growth and development of childhood through measures to

eradicate hunger# malnutrition and famine and thus to relieve millions of children of tragic

sufferings in a world that has the means to food to all its citi6ens7.

>y taking above pronouncements into consideration the high court has errored in giving a

 proper direction with regard to the un hygienic food in midday meal scheme .