Delhi High Court
Akhil Bhartiya Vidya Parishad vs Uoi & Anr on 9 March, 2011
Author: Sanjiv Khanna
Bench: Chief Justice, Sanjiv Khanna
02
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4182/1997
AKHIL BHARTIYA VIDYA PARISHAD ..... Petitioner
Through Mr. Arvind K. Nigam, Amicus
Curiae with Mr.Rohit Singh and
Mr. Raghu Tandon, Advs.
versus
UOI & ANR ..... Respondent
Through Mr. Atul Nanda, Sr. Adv. with Ms.
Sugandha, Adv. for UOI.
Mr. L.K. Garg, Adv. for R-5.
Ms. Asha Menon, Member
Secretary and Mr. Harish Dudani,
Officer on special duty.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 09.03.2011 Though this writ petition was filed with certain kind of prayers yet in course of proceedings of the writ petition various facets cropped up and eventually the emphasis was laid on running of the Anganwadi Centres.
Keeping in view the suggestion given by Mr. Arvind Nigam, learned Amicus Curiae, various directions were given in that regard from time to time. In this context, we may refer to the directions given on 20th October, 2010, which read as follows:-
W.P. (C) No.4182/1997 Page 1 of 13"a. A meeting shall be held on 28th October, 2010 at 3:00 PM in the premises of Delhi Legal Services Authority and in the said meeting, the concerned Secretary of the fifth Respondent shall remain present with the representative. Mr. Nigam, the friend of the Court, has fairly agreed to attend the same.
b. In the meeting, certain suggestions shall be given by the learned Amicus Curiae and the same shall be considered by the fifth respondent in presence of the Member Secretary, Delhi Legal Services Authority.
c. After the discussions take place as regards the suggestions given and the possibility of giving effect to the same, the Secretary of the fifth respondent and his/her team shall visit at least seven Aanganwadi Centres along with Mr. Nigam, learned amicus curiae (who has very fairly agreed to visit the areas), Member Secretary and the officer on special duty of Delhi Legal Services Authority.
d. Mr. Garg, learned counsel for Respondent No.5 has also agreed that he will accompany the team as he would be in a position to have first hand knowledge. As further agreed to by the learned counsel for the State, all arrangements shall be made by the fifth respondent for visiting the Aanganwadi Centres. e. If help of any other agency is required, Mr. Garg shall coordinate with the said agencies so that all agencies work in harmony and homogeneity."
2. In pursuance of the aforesaid order, a report was submitted by the Committee. On a scrutiny of the said report, it is perceptible that the Committee had visited certain Anganwadi Centres and had noted that there were shortfalls in respect of bathroom equipments, indoor play W.P. (C) No.4182/1997 Page 2 of 13 facilities, hygienic conditions, provision for food, kitchen equipment, drinking water etc. Learned Amicus Curiae had given certain suggestions when the matter was taken up on 8th December, 2010. The said suggestions read as follows:-
"a. Clean Drinking Water: On 28.10.2010 when this point was discussed, it was suggested that a ladle (lutia) be provided to all the Anganwadis with additional glasses to maintain basic hygiene and to avoid the use of the same glass and its being dipped in the container of water after each use and with contaminated hands. The Secretary, DSW had then agreed to look into this immediately.
During the team visits to the eight Angnwadis it was noticed that the Ladle (Lutia) was available at theses Anganwadi Centres with additional glasses. Since it was noticed that water was also being kept in recycled non-food grade plastic buckets, the suggestion of Shri Nigam that water must be stored in steel vessels was accepted. The Committee agreed that till such metal containers permitting effective cleaning and easy maintenance was made available to the Anganwadis the use of Matkas (Pitcher) for storing water must be ensured. Their cleanliness will also be ensured by the supervisors of the Anganwadis through constant inspections.
The Secretary, DSW has set a long term goal for the Department for the provision of low cost, easy maintenance, water filters at each of the Anganwadi Centres.
b. Clean Utensils: On inspection of the Kitchens, they were found to be neat and clean. The storage of food in the eight Anganwadis was also hygienic.
W.P. (C) No.4182/1997 Page 3 of 13c. Black Board, Chalks and Slates: In the meeting of 28.10.2010, the Department had agreed to provide black boards, chalks and slate without delay. The eight Anangwadis visited by the team had adequate numbers of slates and chalks.
In this regard the Department will have to maintain proper records of issuance of these items to prevent pilferage, as suggested by Shri L.K. Garg. d. Toys: It was the unanimous view that better toys in adequate numbers will have to be provided to the Anganwadis.
e. Toilet Facilities: As noted above, the guidelines of Govt. of India prescribes for separate bathroom and toilet facilities and the Department has to insist on the adherence to the ICDS Programme requirement and utilization of funds in this regard effectively. f. First Aid Kit: In the meeting on 28.10.2010 Ms.Savita informed that first aid kits were being supplied but the containers in which these medicines were kept are cardboard cartons. The visit to the Anangwadi Centres reaffirmed that these cardboard cartons are easily damaged impacting the storage requirements of medicine. Whereas cotton wool was available at each of the Anganwadi Centres, items such as Dettol/ Disinfecting lotion/Savlon was not available anywhere. Neither was tincture of iodine or antiseptic lotion/ointment and bandage/plaster issued as part of the first aid kit. The DLSA felt that these were essential as children attending the Anganwadis are prone to injure themselves while playing and immediate first aid would require these items. Though paracetamol tables and syrups were available no cough syrup has been supplied. In one Anganwadi, a bottle of eye drops was found as part of the first aid kit. However, there is no provision for refrigeration or safe storage of such eye drops after the bottle is opened. It is better not to issue such medicine since the W.P. (C) No.4182/1997 Page 4 of 13 Anganwadis were also availing of primary health services and hospital services in case of need. Thus, it was unanimously agreed that the first aid kit needed to be improved.
g. Premises of Anganwadis: The visit revealed that space available to the Anganwadis was inadequate. The DLSA suggested that the number of Anganwadis in an area, for example at Nizamiddin, could be increased as the capacity of a small room of 5x7 was extremely limited. Where large rooms were not available on account of the nature of the locality, this would be the only method for running a good Anganwadi to meet the objectives of the programme. In some areas, bigger rooms were available and such Anganwadis could take in more number of children. This will have to be closely monitored by the Department of Social Welfare.
One of the Anganwadis at Lado Sarai is running from the premises of a Govt. School.
As pointed out by Shri Nigam, when the object of the Anganwadis is to prepare children for schooling, it would be a good idea to ask the Education Department to allow the use of one room at a Govt. run School for Anganwadi. Everyone agreed that the Education Departments of the GNCTD, MCD, NDMC and Cantonment Board should be asked to provide the use of one room in their premises for Anganwadi. This would also allow the Anganwadi children to use the play ground and other amenities of the school. It would also have an impact on the mind of the child to encourage the child to attend school and to be eager to participate in the activities of the older children coming to the school.
The Secretary, DSW felt that since the guidelines of the Govt. itself suggested the use of accommodation made available by the DDA/MCD/Local W.P. (C) No.4182/1997 Page 5 of 13 bodies/Panchayat Ghar, Community Centres etc. apart from rented accommodation, an effort would be made by the Department to ask these bodies to provide their available infrastructure such as Multipurpose Community Centres, Community land in villages in Delhi where Anganwadis could be constructed in terms of the National Policy under preparation, Panchayat Ghars and other community centres for the use of Anganwadis, since Anangwadis function up to 2:00 or 2:30 p.m. As pointed out by the Secretary, DSW, the Department would still have to fall back on rented accommodation as there was a need for about 10000 Anganwadis and the Govt. schools and Community Centres etc. would barely meet this need.
It was felt that though finance may be a constrain the Department will have to for the time being, till the Govt. changed its policy, deal with this constrain and to ensure opening of adequate numbers of Anganwadi Centres in the ratio of space to child and not mere congestion or density of population in a given area. h. Quality and Balanced Food: All agreed that the quality of food had to be ensured by constant monitoring and inspection. Food must be stored and served hygienically till the point of delivery and at the Anganwadi Centres. However, it was unanimously felt that the suggestion of Shri Nigam for the provision of a glass of milk at the Anganwadi Centres for the children was not practical. The major concern was the quality of milk that would ultimately be served to the children.
i. Registers: Registers have to be maintained for the attendance of both the workers and the children. However, the registers called for the most stringent scrutiny to curb malpractices which included inflation of number of beneficiaries, programmes organized by Anganwadi workers, etc. The register of attendance of W.P. (C) No.4182/1997 Page 6 of 13 children should not only reflect the absence of the children but also the follow up action taken by the Anganwadi workers to find out the reasons for absence and its follow up.
j. Primary Books reading material : It was felt that since the children attending the Anganwadis are preschool children, reading material and primary books would not be useful and charts, pictures, toys and other similar kinds of learning materials would be far more useful and the Department needed to provide these kind of materials to the Anganwadis."
3. Thereafter, the Committee had given further suggestions, which this Court had taken note of. The said suggestions read as follows:-
"1. The number of Anganwadis under the supervision of one Supervisor would have to be reduced from the present 31 Anganwadi Centres to about 10 for effective superintendence of the work carried out at each Anganwadi Centre.
2. Training Programmes for Anganwadi workers, helpers and Supervisors would have to be strengthened. New Anganwadi workers and helpers must be also given an orientation to the work expected from them.
3. Training for handling small children was also essential particularly when the holistic development of the preschool children is the aim and objective of the Anganwadis.
4. While there was a system in place for awarding well run Anganwadi Centres, it was felt that this had to be improved as incentive schemes and awards and public acknowledgement are very significant methods of enhancing performance."W.P. (C) No.4182/1997 Page 7 of 13
4. After noting the suggestions, this Court had opined that more were required to be done as the Anganwadi Centres must have appropriate infrastructure, provision of nutritious food, good hygienic condition, the trained persons who can really perform the duties and other formalities, which have been mentioned by way of suggestions. A direction was issued to constitute a Committee being chaired by the Chief Secretary, Government of NCT of Delhi, Finance Secretary and the Secretary of the Social Welfare Department, Secretary Education, Member Secretary, Delhi Legal Services Authority and the Secretary, Department of Women and Child Development. Today a status report has been filed. The relevant portion of it reads as follows:-
"12. It was decided by the Chief Secretary, GNCTD that in order to adjudge the feasibility of implementing the suggestions given in the aforementioned order he will inspect functioning of 6 Anganwadi Centres alongwith the Member Secretary, DLSA Hon'ble High Court. This visit has been scheduled in the month of March.
13. However, the status implementation of the suggestions made in this Hon'ble Court's order dated 08.12.2010 is a under:W.P. (C) No.4182/1997 Page 8 of 13
a) Clean Drinking Water: The Department of DWCD, Govt. of Delhi has initiated action for the storage of clean drinking water in Matkas (Pitcher) with Lid as per the provision under the ICDS Scheme. Their cleanliness will also be ensured by the supervisors of the Anganwadis through constant inspections.
b) Black Board, Chalks and Slates: This provision has already been made in 3002 number of Anganwadi Centres and in the remaining 3604 Anganwadi Centres it is under process.
c) Toys: There is not any separate cost provision for toys but the provision of toys is made in the pre school kit in addition to other educational material within the prescribed cost norms of the Govt. of India @ of Rs.1000/- per Anganwadi Centre per annum. Herein it pertinent to mentioned (sic) that during the job specific training for anganwadi workers they are being trained enough to prepare low cost pre school material out of the waste material. Such material is also available in anganwadi centres.
d) Toilet Facilities: The ICDS Scheme is run as per the provisions made by the Govt. of India which provides a rent of Rs.750/- per month per Anganwadi Centre and it is not just sufficient in metropolitan city like Delhi to fetch a decent place/space to sit even for 10-15 children. In this connection, the department has already written letters dated 20.11.10 and 06.08.10 to the Govt. of India for enhancement in the rent of anganwadi centres. The department is also looking out for possible solutions within the existing spaces not in use for other schemes. It is submitted that anganwadi centres are usually located in slums, J.J. Cluster, resettlement colonies, unauthorized colonies/clusters such types of localities lack space for separate toilets facilities for its residents only and it is not feasible there in to have separate toilets facilities.W.P. (C) No.4182/1997 Page 9 of 13
(e) First Aid Kit: As per the norms of the Govt. of India, there is a provision of one medicine kit per anganwadi centre per annum @ of Rs.600/- and the department of DWCD, GNCTD has provided one medicine kit per anganwadi centre in this financial year (2010-11)
(f) Premises of Anganwadis: The Govt. of India has already revised the population norms form 1000 for establishment of an Anganwadi Centre in rural and urban areas by reducing it to the population of 400-800 which would automatically reduce the number of children per anganwadi centre. Moreover, it has also made provision of one mini anganwadi centre for population of 150-400. The ICDS Scheme is run as per the provisions made by the Govt. of India which provides a rent of Rs.750/- per month per Anganwadi Centre and it is not just sufficient in metropolitan city like Delhi to fetch a decent place/space to sit even for 10-15 children. In this connection, we have already written letters dated 20.11.10 and 06.08.10 to the Govt.
of India for enhancement in the rent of anganwadi centres or to provide additional funds renting a bigger centre which could act as HUB for 10-15 Anganwadi Centres where the entire package of services can be provided. The department is also looking out for possible solutions within the existing spaces not in use for other schemes. Presently, out of 6606 Anganwadi Centres, 69 Anganwadi Centres are functional in government buildings (Community Centre, DDA Flats, 7 Anganwadi Centres in Panchayat Ghar and 1 Anganwadi Centre in School).
g) Quality and Balanced Food: Every ICDS Project carried out lab analysis twice a month by laboratories for assessing quality of food. Besides this Monitoring, evaluation and inspection of kitchens of SHGs is being carried out from time to time by the representatives of external agencies like NIPCCD, DCCW, Lady Irwin College and IHE.
W.P. (C) No.4182/1997 Page 10 of 13h) Registers: it is submitted that attendance register for anganwadi workers is already being maintained at a common point for usually 25 anganwadi workers and the attendance register for children at every anganwadi centre. The physical verification of beneficiaries is being carried out by the supervisors during their supervision of anganwadi centres. Follow up of the absent children is being done during home visits by Anganwadi Workers and they are to record the same in the daily diary.
i) Primary Books reading material: It is submitted that for pre-school only non formal methods/techniques are being used for the development of pre school children attending the Anganwadis. There is no provision for reading material and primary books. Only charts, pictures, toys and other similar kinds of learning materials are being used.
j) Reducing the number of Anganwadis under the supervision of one Supervisor from the present 31 Anganwadi Centres to about 10 for effective superintendence of the work carried out at each Anganwadi Centre: The Joint Secretary, Ministry of Women& Child Development, Govt. of India, apprised that the norms of number of Anganwadi Centres under the supervisioin of supervisors cannot be reduced to 10 Anganwadi Centres per Supervisors from 25 Anganwadi Centres per Supervisor. The reason being that the Govt. of India has already revised the population norms for opening of an Anganwadi Centres in urban/rural areas from 1000 population to 400-800 population limit. This has already resulted in increased strength of Anganwadi Centres and reduced the burden of population to be supervised.
k) Training Programmes for Anganwadi workers, helpers and Supervisors would have to be strengthened. New Anganwadi workers and helpers W.P. (C) No.4182/1997 Page 11 of 13 must be also given an orientation to the work expected from them: It is submitted that the existing Anganwadi Training Centres in Delhi are providing different kinds of training on regular basis such as induction, job/orientation and refresher training to anganwadi workers and anganwadi helpers. Besides this the department of WCD, GNCTD is also organizing number of training courses such as training on new WHO growth standards, nutrition and health related issues, pre school education, vertical training for strengthening ICDS Scheme for anganwadi functionaries in coordination with the other concerned organizations. Presently 5698 anganwadi workers out of 6606 are trained and 4631 anganwadi helpers are trained out of 6606.
l) Training for handling small children was also essential particularly when the holistic development of the preschool children is the aim and objective of the Anganwadis: The department has entered into MOU with NGO Pratham to train anganwadi workers and provide pre school education in more than 264 anganwadi centres of ICDS Project Nand Nagri and Trilok Puri. Similarly the department has also entered into MOUs with other NGOs namely Aga Khan Foundation, Hope Foundation and Alamb to provide these services.
m) A system in place for awarding well run Anganwadi Centres which had to be improved as incentive schemes and awards and public acknowledgement, a very significant methods of enhancing performance: In order to motivate Aganwadi workers and give recognition to good voluntary work, a scheme of award for Anganwadi Worker has already been there both at the National and State Level. The award comprising Rs.25,000/- cash a Citation at Central Level and Rs.5,000/- cash and Citation at State Level. Besides this the Govt. of Delhi is also contributing Rs.2,500/- cash award from the W.P. (C) No.4182/1997 Page 12 of 13 State Fund. Presently for each year there is a provision of 7 States Level Awards and One National Awards in respect of Delhi State."
5. We have been apprised that in the meeting a consensus was arrived at that the Chief Secretary, Government of NCT of Delhi along with Member Secretary of the Delhi Legal Service Authority shall visit the Anganwadi Centres and if there is any defect, the same shall be reported.
6. In view of the aforesaid, we direct that the Chief Secretary, Government of NCT of Delhi and the Member Secretary of the Delhi Legal Service Authority shall visit the Anganwadi Centres within a span of six weeks and if any defect is noticed, the same shall be removed within a period of three months.
The writ petition is accordingly disposed of.
Dasti under signature of the Court Master.
CHIEF JUSTICE SANJIV KHANNA, J.
MARCH 09, 2011 NA W.P. (C) No.4182/1997 Page 13 of 13