The Supreme Court on Wednesday found fault with the Telangana government for the “en masse” cancellation of over 19 lakh ration cards in the name of weeding out bogus ration cards.
The SC bench, reacting to a petition, said getting basic nutrition through the public distribution system (PDS) is a statutory right.
The cards were cancelled by the State government 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.
The SC bench, comprising Justice L Nageshwar Rao and Justice B R Gavai said 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,” it said.
When the Telangana counsel said those whose cards were cancelled could apply afresh, the bench pulled him up saying “first you cancel the cards and now you say apply again. It is like you will convict a person and then conduct the trial,” the bench observed.
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 counsel.
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. The bench said Aadhaar is not compulsory for the PDS. Getting ration through the PDS is a statutory right. Yet you have deprived lakhs of people of their statutory right by cancelling their cards without prior notice or verification,” Justice Rao reacted.
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.