The Supreme Court on Wednesday put the Telangana government in the dock for its “en masse” cancellation of over 19 lakh ration cards, saying getting basic nutrition through the public distribution system (PDS) is a statutory right.
The cards, the court learnt, were cancelled by the State for being “bogus” without giving beneficiaries any prior notice or an opportunity to be heard or without bothering to conduct field surveys to verify their living conditions.
Ration cards ensure food and nutrition through the PDS for families living below the poverty line. For many, the card is the only thing which keeps them from slipping into starvation. Right to food is part of right to dignity and life. The National Food Security Act creates an obligation on the state to provide nutrition.
When the Telangana counsel said those whose cards were cancelled could apply afresh, Justice L. Nageswara Rao lashed out, saying “first you cancel the cards and now you say apply again. We don’t appreciate the State’s stand”.
“What is this? It is like you will convict a person and then conduct the trial!” Justice B.R. Gavai remarked.
‘System check’
The Telangana counsel said a “system check” was done before identifying the bogus cards and cancelling them.
“A system check is like a computer deciding whose ration card is bogus or not... There is no human intervention... Then a computer can sit here for us, appellants and respondents can upload their arguments into the computer, which can pronounce a judgment... Why was an opportunity not given to these people or notice issued before cancellation of their cards?” Justice Gavai addressed the State.
Justice Rao said there were 17 parameters under which the ration card could be cancelled. “Have you even bothered to reach out to the card holders and informed them under which parameter their card was cancelled?” the judge asked the State counsel.
The State said there was a problem with their Aadhaar verification.
“Aadhaar is not compulsory for the PDS. Getting ration through the PDS is a statutory right. Aadhaar card is not necessary for the PDS... Yet you have deprived lakhs of people of their statutory right by cancelling their cards without prior notice or verification,” Justice Rao reacted.
“But 99% people have Aadhaar...” the State counsel insisted. He said cancellations were happening across the country. He referred to a Central government order of 2016 to review ration cards.
But the court referred to the digital divide and asked the counsel to point out from the Centre’s order where Aadhaar has been made mandatory.
Order to Chief Secretary
The court directed the Telangana Chief Secretary to explain the steps taken before cancellation of the 19 lakh ration cards. The Bench also ordered the State to conduct a field verification of the cancelled card holders and expeditiously give them an opportunity to make representations of their grievances.
Appearing for the petitioners, senior advocate Colin Gonsalves said cancellation of cards without prior notice amounted to an “act of extreme cruelty”.
