A writ petitioner, a social worker, challenged alleged lapses, negligence, corruption, and lack of Micro RRT formation in the 'First 1000 days programme' in Attappady. The court found that the project was implemented and necessary actions were taken against alleged irregularities, thus disposing the petition without further directions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 6TH DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943 WP(C) NO. 6842 OF 2018
PETITIONER:
MANEESHA M. CHATHELY, AGED 35 YEARS W/O.ROY WILFRED, SNEHA BHAVAN, BETHANY ROAD, VILANGANNOOR, PEECHI P O, THRISSUR DISTRICT-680 653.
BY ADV SRI.SHAJI JOSEPH
RESPONDENTS:
BY ADV.SRI.K.P.HARISH, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO.6842 OF 2018
JUDGMENT
S.MANIKUMAR, C.J.
The petitioner is stated to be a social worker and she is actively involved in bringing to light, the malnutrition in the tribal of Attappady, especially, among pregnant women and children, infant mortality and to remedy the everlasting problems of tribal by filing complaints before the concerned authorities.
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infant mortality and malnutrition in the Attapadi tribal area, the Government of Kerala has taken special interest and implemented the 'First 1000 days programme for infant in Attappadi' in Palakkad district alone. One of the important objectives of the programme is to establish Micro RRT in all 192 Ooru (villages) under the supervision of Anganwadi workers. This Micro RRT comprises of representatives of various departments including ST promoters. But as per Ext.P2, no such Micro RRT is constituted in 192 Attappadi Ooru. According to the petitioner, failure on the part of the Directors of Social Justice Department at relevant time to constitute the Micro RRT as per the directions in the First 1000 days programme and to review the failure in causing infant deaths and to remedy the same is to be viewed very seriously.
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the part of the authorities in proper implementation of the programme. Even when infants die due to malnutrition and other causes, according to the medical authorities the cause of death is 'milk aspiration'. This is a factual suppression. Though the petitioner has submitted Ext.P7 representation dated 4.11.2017 before the first respondent with supporting documents, there is no action.
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reproduced hereunder:
“4. The First thousand days of a child's life is a period of rapid overall development. Studies show that when the child reaches the age of three, his brain would have developed 1000 crores cells and the neurons connecting them. The nutrition and care given to the child during this period plays a major role in the development of his brain. Under nutrition of the mother during pregnancy leads to child mortality and the birth of under weight children. Taking into consideration of many incidents of child malnutrition reported from Attapady, this programme was developed with the object of reducing infant mortality in Attapady. Yearly expenses incurred for this program are mentioned as follows:
(1st 1000 days extended to 100 more ICDS Projects in addition to ICDS Attappadi)
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a. Supplementary Nutrition : Under supplementary Nutrition program, morning snacks are provided at 10.30 am, and noon feeding at 12.30 pm and general feeding at 3.30pm. In addition to that, take home ration strategy for supplementary nutrition has been implemented in the State on a fortnightly basis for children of 6 months to 3 years. It was reported that an amount of Rs.77,91,899/- was misappropriated and was found in primary audit enquiry in Attapady ICDS during the period of 200809 to 2012-13, Department demand a vigilance enquiry and by vigilance case viz VC/24/2016/PKD U/S 13(1)d(r/w) 13(2) of the PC Act,1988 and SS 409, 120 (B) of IPC has been registered against the alleged officials namely Smt. Hajira Beevi, Supervisor, Smt. Mercy K.K supervisor (Rtd), Smt. Susheela Bhai, Supervisor (Rtd). The case is under investigation. The case is not related to the First 1000 days programme as the programme was implemented only in 2015.
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pregnant women and children at risk. To do their task effectively, the members of this team had to be trained in identifying risk situations correctly. Many such training programmes were included in the First thousand days programme. Parallel to such trainings, the department launched ‘Jatak Janani’ programme in Attapadi which was a online Real Time Monitoring system for both pregnant women and children below 5 years of age. All the pregnant women were registered in the system and tracked regularly by the JPHN. Parameters like weight gain, blood pressure, Hb count etc were monitored throughout pregnancy. The system helped the JPHN to Identify pregnant women at risk and to keep track of their medical care. Once the child is born, the child's nutritlonal status is tracked by the anganwadi worker and ICDS supervisor until the child reached the age of 5. Since the Jatak Janani programme was being implemented as a joint venture of both the ICDS and the Health department, the objective of Micro RRT was met and therefore formation of a separate Micro RRT for the same purpose was not found necessary. The Jatak Janani programme was replaced with National Nutrition Mission (NNM).
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Development Project Officer, Attappady, it was found that many of the infant deaths were due to premature delivery, congenital complications and medical conditions.
Training Conducted
2015-16
i) Pre-conception folic acid supplementation to women ii) Training to make aware on early detection of disability and stimulation
iii) Disability detection and stimulation list to Anganwady. iv) Infant and young child feeding practices, training and awareness
v) Awareness campaign at Anganwady level and block level on IMNCI and Disability
vi) Therapeutic food for Severe Acute Malnutrition children with special diet.
2016-17 Activities
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First 1000 days programme commenced in Attappady in the Financial Year 2018-19. The programme was extended to ten more ICDS projects in addition to Attappady. Changes were made in this programme. It now include medical camps for Pregnant Women and Lactating Mother, selection of eligible beneficiaries and supply of therapeutic food to them.
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departmental disciplinary action initiated against her was disposed by issuing “Censure” in accordance with the Kerala Civil Service Rules, 1960 II(1) (1) above. A true copy of order No.WCD/E5-13166/18 dated 12.11.2020.
2015-16 - 9922 beneficiaries 2016-17 - 6733 beneficiaries 2017-18 - 9843 beneficiaries 2018-19 - 5102 beneficiaries 2019-20 - 3496 beneficiaries”
been implemented ICDS Project and that there are irregularities and corruption involved in implementing the benevolent project of the
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Government of Kerala, going through the averments made in the counter affidavit filed on behalf of the respondent, we find that the projects are implemented properly and necessary action has also been taken as against those involved in alleged financial irregularities and that punishment has also been imposed. Placing on record the contents of the counter affidavit filed on behalf of respondent No.1, there is no need to issue any further directions in this writ petition.
Writ petition is accordingly disposed of.
SD/S.MANIKUMAR CHIEF JUSTICE
SD/SHAJI P. CHALY JUDGE
jes
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE PETITION DATED 16/8/2017 UNDER RIGHT TO INFORMATION ACT TO THE 2ND RESPONDENT. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE REPLY DATED 30/8/2017 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P3 | TRUE COPY OF THE ANONYMOUS UNDATED LETTER. |
| EXHIBIT P4 | TRUE COPY OF THE COMPLAINT DATED 15/7/2016 TO THE 2ND RESPONDENT OBTAINED UNDER RIGHT TO INFORMATION ACT. |
| EXHIBIT P5 | TRUE COPY OF THE LETTER NO.D7-2015/26545/9 DATED 8/5/2015 ISSUED BY THE 3RD RESPONDENT OBTAINED UNDER RIGHT TO INFORMATION ACT. |
| EXHIBIT P6 | TRUE COPY OF THE DEATH REPORT OF 10 MONTH INFANT BY THE PRIMARY HEALTH CENTRE SHOLAYOOR. |
| EXHIBIT P7 | TRUE COPY OF THE REPRESENTATION DATED 4/11/2017 BEFORE THE IST RESPONDENT. (EXCLUDING ANNEXURE) |
// TRUE COPY //
P.S. TO JUDGE
3 issues framed by the court
Whether to direct the respondent to investigate alleged irregularities and corruption in the implementation of the First 1000 days programme for infants in Attappadi.
Whether the respondent failed to constitute Micro RRTs in Attappadi villages as envisaged under the programme.
Whether disciplinary action was taken against officials involved in alleged financial lapses in the Attappadi ICDS project.
MANEESHA M. CHATHELY
THE STATE OF KERALA
THE DIRECTOR, DIRECTORATE OF SOCIAL JUSTICE
THE DISTRICT COLLECTOR, PALAKKAD DISTRICT
THE PROGRAMME OFFICE, I.C.D.S CELL
S. MANIKUMAR
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
