'No logic': Bombay HC on denial of foodgrains to Thane tribals over Aadhaar issues

Bombay HC has directed the state government to distribute foodgrains to those in Thane's tribal areas even if they have no Aadhaar cards.

The Bombay High Court has directed the Maharashtra government to distribute foodgrains to those in Thane's tribal areas as part of the Public Distribution System (PDS) and the National Food Security Act, even if they do not have Aadhaar cards.Residents of Thane's tribal areas had approached the High Court with a grievance that they are deprived of foodgrains as their Aadhaar cards are not linked with the system.The division bench of Justices PB Varale and MJ Jamdar said, "It is disheartening when we, the fortunate, are eagerly awaiting the festive season and the festival of lights would spread joy and happiness. Here are the few petitioners, members of the marginalised section in general and tribals in particular, who have approached this court on a grievance that they are deprived of the basic requirement of human life, i.e., food, only on account that the state machinery is not technically equipped to give them the benefits flowing from the scheme formulated and floated by the Union of India and to be implemented and executed by the respective states."In a circular dated October 13, 2016, the Maharashtra government had ordered that for receiving PDS benefits, it is a prerequisite that the Aadhaar card of each member of the family enlisted in the ration card must have been linked to the Revenue Case Management System (RCMS).The government pleader submitted that the reason for non-distribution of foodgrains to some persons is that their Aadhaar card is linked to a different place from their residence.However, the court reasoned that considering these were all tribal persons and not literate as such if a mistake is committed by the shop owner, the same cannot be the reason for denial of foodgrains to the ration cardholder under the benevolent schemes.After hearing the arguments, the court opined that the government baring the distribution of foodgrains under PDS in absence of Aadhaar linkage was in stark contrast to the notification by the Centre in 2017 which stated that for identification of a beneficiary, Aadhaar card was one of the criteria, and for identification, Aadhaar was not the sole criteria.85 people had approached the Tahsildar, Murbad, raising the grievance of non-receiving foodgrains under PDS. They made various representations to district authorities.The court observed that they were the "beneficiaries of schemes framed by the central government and the state government and they are expecting the regular distribution of foodgrains to them and particularly for the festival season."The court directed civic authorities by way of an interim order to distribute foodgrains amongst the tribals after verifying their ration cards in compliance with the provisions of the National Food Security Act and the PDS under the Pradhan Mantri Garib Kalyan Anna Yojana."We are unable to find any logic, reason or rationale for denying the benefits of foodgrain distribution, raising certain technical grounds," the court said.The court directed authorities to complete the exercise by November 4, 2021.

Also read: We want rush, officers up for task: Bombay High Court considers reopening courts for all

Also read: 'Let state not be shamed further': Bombay High Court orders water supply to Maharashtra village