1. SYNOPSIS
That the Petitioner is filing the instant writ petition under
Article 32 of the Constitution of India seeking intervention of
this Hon’ble Court for providing necessaryrelief and
compensation to farmers and other classes of citizens
suffering from theharsheffects of second consecutivedrought
year, which is snowballing and resulting in severe livelihood
crisis, mass migrations, severe malnutrition, starvation
deaths, fodder crisis for cattle, increasing debt-burden on
farmers leading to intensification in farmers’ suicides.
That the country experienced another drought (14% deficit
rainfall) this monsoon during this year’s monsoon, further
aggravating the situation caused by last years’ drought (12
deficit rainfall) and the extensive damage to Rabi crop early
this year. This was only the third time in the last century
when the country experienced consecutive droughts. The
drought this year affected 39% area of the country. The
deficient rainfall has continued post-Monsoon, with 29 out
of 36 sub-divisions reporting scant or deficient rainfall upto
12.12.2015, which has affected sowing of the next crop.
That the fact of drought is admitted by the Union of India
and various states.Eight states of the Union have already
oficiallydeclared a state of drought.Union government has
confirmed to the parliament that it has information from
2. seven states about drought affecting 1.9 crore hectare land.
That when a drought affects the food security and livelihood
support systems beyond the level of community resilience is
known to be a disaster. That the present drought qualifies to
be a disaster.
That the Petitioner organisation carried out a
SamvedanaYatra across nine states from 2nd to 15th October
this year to assess the ground situation resulting from the
drought. The Petitioner organisation also conducted an
independent survey in 108 representative villages in the
severely affected Budelkhand region of Uttar Pradesh which
shows alarming figures: 39% families had not consumed dal
even once in the last 30 days, 60% had not consumed any
milk and 14% admitted going to bed hungry at least once
during this period; 40% families had to resort to distress
sale of their cattle, 24% had to mortgage or sell their land
and 79% had to eat roti or rice with just salt of chutney at
some point since the crop failure around Holi this year.This
has been confirmed subsequently by various media reports.
Similar reports are beginning to emerge from other states as
well. The Petitioner organisation wrote letters to Chief
Ministers of various states to request urgent action on
drought relief.
3. That while some of the respective governments have
admitted the fact of drought, they have failed to redress the
misery of this vast population, they have even failed to
properly implement the existing schemes that could have
provided support during this period of distress. All but 2
states have not implemented the National Food Security Act,
resulting in the failure to provide adequate
foodgrainsthrough the Public Distribution System at this
hour of crisis. The total number of person days employment
generated under the Mahatma Gandhi National Rural
Employment Generation Scheme has actually gone down
during this drought period, when it was needed most.States
have not followed the relief work required under their own
drought manual.Not a single state has as yet paid any relief
or compensation for Kharifcrop loss;most of the respective
governments have failed to fully pay for the crop losses
during previous Rabi crops; insurance schemes have
benefitted only a tiny fraction. State governments do not
have adequate funds to handle this disaster and the
Government of India does not follow any transparent method
to provide funds for this purpose.
4. LIST OF DATES
30.09.2015 Indian Meteorological Department had
already predicted a rain deficit year in the
respondent states. Media started reporting
extensive crop loss and human suffering in
various states of the country.
2.10.2015 Petitioner Organization started a
SamvednaYatra across various states
affected by the drought and take account of
the actual ground situation.
26.10.2015 Concluding that the Bundelkhand region
being heavy affected by the drought, the
Petitioner Organization began an
independent drought assessment survey
(fieldwork completed on 7.11.2015, report
released on 25.11.2015) in said region,
which has shown alarming human
sufferings.
19.11.2015 Government of India admits drought
conditions in 10 states and invited
memorandums for drought assistance from
remaining 6 states Bihar, Uttar Pradesh,
Orissa, Jharkhand, Telagana and Andhra
5. Pradesh, memorandum were already
received from Karnataka, Chhattisgarh,
Madhya Pradesh andMaharashtra.
26.11.2015 Center for Science and Environment released
aassessment report on the impacts of
extreme weather events on the agricultural
sector and lacunae in existing crop-loss
estimation, relief and compensation
mechanism.
03.12.2015 Media report appeared on Scroll (online news
portal) highlighting famine like conditions in
Bundelkhand region.
05.12.2015 Government of India informs RajyaSabha
that it has official confirmation of drought in
7 states affecting 1.9 crore hectares of land.
08.12.2015 Detailed media report appeared on NDTV
News Channel and Scroll (online news portal)
confirming that Sahariya tribe people in
Bundelkhand, have been forced to eat rotis
made of grass due to the prevailing famine
like situation.
10.12.2015 Inconclusive discussion in the LokSabha on
the drought situation across the country,
despite this human suffering in the region
still continues.
6. 14.12.2015 Hence the instant Writ Petition.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. ______OF 2015
UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA
IN THE MATTER OF:
SwarajAbhiyan
Through its General Secretary
S/O:
R/O:
Ph:
Email:
... PETITIONER
VERSUS
1. Union of India,
Through Secretary,
Ministry of Agriculture and Farmers Welfare,
KrishiBhawan, Rajendra Prasad Road,
New Delhi-110001
2. State of Uttar Pradesh
Through its Chief Secretary,
LalBahadur, ShastriBhavan,
UP Secretariat, Lucknow-226001.
3. State of Madhya Pradesh
Through its Chief Secretary,
VallabhBhavan, Bhopal,
Madhya Pradesh-462003
4. State of Karnataka
Through its Chief Secretary,
3rd Floor, R. No. 320, VidhanSauda,
Secretariat, Bangalore-560001
5. State of Andhra Pradesh
Through its Chief Secretary,
Secretariat Building Hyderabad-500 001
7. 6. State of Telangana
Through its Chief Secretary,
NTR Marg, Central Secretariat, Khairatabad,
Hyderabad, Telangana 500004
7. State of Maharashtra
Through its Chief Secretary,
Room No.518, 5th Floor Main Building
Mantralaya Mumbai-400032
8. State of Gujarat
Through its Chief Secretary,
Block No.1, 3rd floor New Sachivalaya Complex,
Gandhinagar-382010
9. State of Orissa
Through its Chief Secretary,
Secretariat, Bhubaneshwar- 751001
10. State of Jharkhand
Through its Chief Secretary,
Jharkhand Secretariat, Ranchi, 834001
11. State of Bihar
Through its Chief Secretary,
Old Secretariat, Patna - 800015
12. State of Haryana
Through its Chief Secretary,
Haryana Secretariat, Chandigarh -160 001
... RESPONDENTS
WRIT PETITION IN PUBLIC INTEREST UNDER ARTICLE 32
OF THE CONSTITUTION OF INDIA FOR ENFORCEMENT
OF RIGHTS UNDER ARTICLES 21 AND 14 OF THE
CONSTITUTION OF INDIA SEEKING IMMEDIATE AND
NECESSARY RELIEF AND COMPENSATIONFOR THE
DROUGHT AFFECTED CITIZENS OF 11 STATES.
To,
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUDGES OF THE
SUPREME COURT OF INDIA
8. NEW DELHI
The humble petition of the Petitioner above named:
MOST RESPECTFULLY SHOWETH:-
1. That the Petitioner is filing the instant writ petition under
Article 32 of the Constitution of India seeking intervention
of this Hon’ble Court for providing necessaryrelief and
compensation to farmers and other classes of citizens
suffering from theharsh effects of second
consecutivedrought year, which is snowballing and
resulting in severe livelihood crisis, mass migrations,
severe malnutrition, starvation deaths, fodder crisis for
cattle, increasing debt-burden on farmers leading to
intensification in farmers’ suicides.
1A. That the PetitionerOrganisation is a unregistered
organisation formed to strengthen the quest for 'Swaraj'
within the Constitutional order, which involves “Equitable
and sustainable access to well-being for all”. Towards this
objective, the Abhiyan has launched a movement “Jai
KisanAndolan” for highlighting the plight of the farmers
and mobilizing them for collective action towards
theirbetterment. More than a dozen farmers organisations
have joined Jai KisanAndolan to pursue farmers’ issues.
The Organisation has organised a March to the
parliament in August 2015 and then a SamvednaYatra
9. across the drought affected districts in 9 states in
October 2015.
2. The Petitioner Organisation has no personal interest, or
private/oblique motive in filling the instant petition.
There is no civil, criminal, revenue or any litigation
involving the Petitioner Organisation which has or could
have a legal nexus with the issues involved in the Present
Public Interest Litigation.It is in public interest and this
would not cause any injury to the public. The Petitioner
Organisations has no annual income.
3. The petitioner had sent letters to Chief Ministers of
various respondent states suggesting specific action
thatcould alleviate the suffering.
4. BRIEF FACTS OF THE CASE:
4.1. That Indian Meteorological Department published various
maps predicting raining deficit in various parts of the
country including the respondent states. Media reports also
started surfacing about the dry spell. Copy of various maps
predicting deficient rains in respondent states has been
annexed as ANNEXURE-P1 (Page no to ).
4.2 That the fact of drought is admitted by the Union of India
and various states. Eight states have already officially
declared a state of drought. The states of Bihar, Gujarat and
Haryana have not yet declared a drought despite recording
rainfall deficit of 28%, 14% and 38% respectively. Union
10. government has confirmed to the parliament that it has
information from seven states about drought affecting 1.9
crore hectares. This figure could go up as other states
declare drought and submit memorandum for support from
NDRF.Besides, there are drought affected districts in states
like Chhattisgarh and Rajasthan that are not on the whole
drought-hit. Copy of the media report dated 5.12.2015 has
been annexed as ANNEXURE-P2 (Page no. to )
4.3 The drought has led to extensive crop damage, the same has
been acknowledged in the discussions in LokSabha on
11.12.2015. Situation caused by extensive damage to Rabi
crop in the month of March 2015 as a result of hailstorm
and unseasonal rains as worsened the life of individuals.
This damaged crops is over 1.82 crore hectare. Centre for
Science and Environment has estimated the crop loss of
Rabi this year to be Rs 20,453 crores.There are no firm
estimates of the recent loss caused by the drought, but it is
safe to assume that since it involves more land, the losses
would be well above that level. Copy of the relevant part of
the report of Centre for Science and Environment has been
annexed as ANNEXURE-P3 (Page no. to ).
4.4 That the Petitioner organisation carried out a
SamvedanaYatra across nine states from 2nd to 15th October
this year to assess the ground situation resulting from the
11. drought. The Petitioner organisation also conducted an
independent survey in 108 representative villages in the
severely affected Budelkhand region of Uttar Pradesh which
shows alarming figures: 39% families had not consumed dal
even once in the last 30 days, 60% had not consumed any
milk and 14% admitted going to bed hungry at least once
during this period; 40% families had to resort to distress sale
of their cattle, 24% had to mortgage or sell their land and
79% had to eat roti or rice with just salt of chutney at some
point since the crop failure around Holi this year.Copy of the
Assessment report has been annexed as ANNEXURE-P4
(Page no to ).
4.5 This has been confirmed subsequently by various media
reports, media reports appeared on Scroll (online news
portal) showing that the situation in the region of
Bundelkhand is becoming worse day by day, human
sufferings have reached to highest echelons as on an average
one households goes hungry ones a week.Copy of the media
reports dated 03.12.2015 has been annexed as ANNEXURE-
P5 (Page no to ).
4.6 That a detailed media report appeared on NDTV News
Channel highlighting the plight of the people of
Bundelkhand, who have been forced to grass due to the
12. prevailing situation and the government had failed to provide
any respite to suffering masses of the Bundelkhand region.
“…..The accompaniment is no less frugal: a basket of
green leaves, which look like spinach, but is
called samai, a kind of weed that grows along river
banks. This is cooked, with a little water, into a sabzi.
There is little to season it; a small dish of oil and salt is
poured in towards the end.”
Copy of the two Media report dated 12.12.2015 has been
annexed as ANNEXURE-P6(Page no to ).
4.7. That a comprehensive article on Bundelkhand was again
published by scroll (online news portal) exhaustively
explaining the gravity of the situation existing in the region.
Relevant para has been reproduced as follows:
“…..Each year, the recurring drought brings more devastation.
With every passing crop season, Bundelkhand gets by on a
little less than before – to eat, earn and live on. Debt burden
and farmer deaths are on the rise, while the water table
continues to fall. Families are migrating out in search of a
steady livelihood, but economic security remains elusive.
Social structures in villages are crumbling, as all farmers –
big, small, and marginal – suffer losses. More and more
children are dropping out of schools. According to a recently
held rapid survey of Bundelkhand, conducted by
SwarajAbhiyan in 108 villages across the seven Uttar
Pradesh districts, more than 80% of households surveyed are
cutting down on consumption of dal and milk, 22% have
withdrawn their children from schools, and 97% have reported
13. an increase in debt. The report also reveals that farmers are
conducting distress sales of their cattle and land, and that the
availability and quality of drinking water is decreasing.
Bundelkhand households are going hungry at least once a
week.”
Copy of the media report of 08.12.2015 has been annexed as
ANNEXURE-P7 (Page no. to ).
4.8. That detailed representations with suggestions to control and
conquer the present drought situations in five of these states
was forwarded by the members of the Petitioner Organization
to Chief Ministers of respondent states. Copy of the letters
have been annexed as ANNEXURE-P8 (Page no to
)
4.9 That the employments provided under MGNREGA is being
mismanaged by the state, over the years the employment
provided by the MGNREG Act is on decline. Copy of the
employments provided during last three year is annexed as
ANNEXURE-P9(Page no to ).
4.10 That despite this awareness of drought, crop loss and
human misery, the Union and the States have not responded
adequately to this disaster. There are many instruments
available to government of India and to various state
governments to respond to the drought. Each of the states
has State Disaster Relief Fund and the Union of India has
National Disaster Relief Fund for this purpose. Each of the
states has their Drought/Famine Relief Code, usually a part
14. of the Revenue Code Book that spells out the relief work that
a government must carry out in the eventuality of a drought.
The National Food Security Act lays down the obligation of
the state to provide food-grains through the Public
Distribution System. And the MNREG Act provides for
employment generation, especially in times of employment
crisis like drought. Unfortunately, the governments have
failed to utilize each of these adequately to respond to this
emergency.
4.11 That State governments are expected to deal with the
drought and all other such natural disasters with the help of
State Disaster Relief Fund, mandated by the Finance
Commission. However, these funds are so meger that these
cannot meet even one of these contingencies. The total funds
allocated for SDRF for all states for five years is about Rs.
61,000crores, which works out to about Rs. 12,000 crores
per year for all states. But as noted above, the overall
damage from this drought is likely to be well over Rs. 20,000
crores. This is when the states are expected to approach the
Central government for National Disaster Relief Funds. But
the funds remain inadequate and the process of allocation
non-transparent. This is well documented by the CSE in its
report on the Rabi crop losses this year.
4.12 That a key challenge during this period is food availability.
The National Food Security Act 2013 places obligation on the
15. state to provide 5 Kg of food-grains to each person in the
family per month. Unfortunately, most states have not yet
implemented this. Except Bihar and Madhya Pradesh, the
states have stuck to the previous PDS schemes that fall
short of the NFSA obligations. Research shows thatthe
APL/BPL distinction used by most of the states is useless
and that the implementation of NFSA has had positive
outcomes for these two states. Besides, the rising price of
daal has made it unaffordable for the poor and there is a
need to provide at least 2 kg of daal per family per month
and egg for schoold going children through the Mid-Day
Meal scheme and for children below 6-years through the
Integrated Child Development Services. Copy of the article of
Jean Dreze and ReetikaKhera has been annexed as
ANNEXURE-P10 (Page no to ).
4.12 That the drought has led to severe decline in farm
employment available to the rural poor. This is when
MNREG Act can be of great help in generating employment.
Therefore it is the duty of the governments to provide
additional employment during the drought period. However
the available evidence shows the contrary, that actually the
number of person days of employment offered under
MNREGS actually went down from 220 crore person days in
a normal year 2013-14 to 166 crore person days in the
drought year 2014-15 and is now down to merely 122 crore
16. person days in 2015-16 so far. If we compare the drought
affected states, the employment generation is down from 96
crore person days in 2013-14 to 67 crore person days in
2014-15 to just 48 croroes in 2015-16 so far. (Annexure-
P10, all data from official website
http://mnregaweb4.nic.in). Clearly the governments have
failed to use MNREG Act to generate employment when it
mattered most. Copy of data
4.13 So far no government has provided any compensation or
relief to the farmers for crop loss during this drought. They
cannot, for the existing system of crop loss is outdated, slow,
arbitrary and full of corruption. The report “Lived Anamoly”
by CSE brings out all that is wrong with the existing system
of crop loss estimation, relief, compensation and insurance.
This entire system needs drastic revision.
The present Writ Petition is being filed on the following among
other grounds:
GROUNDS
A. Because the Respondents have been highly negligent in
performing their obligations and are causing enormous
damage to the lives of the people due to their inaction, which
isin contravention of the rights guaranteed under Articles 21
and 14 of the Constitution of India.
17. B. Because the Respondents have abdicated their
constitutional obligation under Article 21 of the Constitution
of India which makes it mandatory for the Respondents to
ensure the right to life of the citizens which includes the
right to live with dignity with atleast two square meals a day;
C. Because in accordance with the standard laid down by the
respondents themselves under the MGNREG Act, 2005, open
handed employment of 150 days at the legal minimum wage
for all willing to avail in the drought affected areas or to be
provided which the respondents have failed to provide;
D. Because the Respondents have failed to implement the
National Food Security Act, 2013 whose very purpose is to
provide food security means and make available sufficient
food-grains to meet the domestic at affordable prices.
E. Because the Respondents have failed in discharging their
responsibilities by not utilizing the resources available for
the purposes of drought relief, prevention of starvation and
alleviation of misery;
F. Because in a welfare State primary duty of the government is
to secure the welfare of the people. Article 21 imposes an
obligation on the State to safeguard the right of life of every
person. Preservation of human life is thus of paramount
importance. The State cannot avoid its constitutional
obligation in that regard on account of financial constrains.
18. G. Because the abdication of duties by the Respondents is in
total violation and abject disregard of the principles laid
down by this Hon'ble Court in the case of
PaschimBangalKhetMazdoorSamity and others Vs State of
West Bangal reported 1996(4) SCC 37.
H. Because the Respondents have ignored the principles let
down by this Honble Court in Chameli Singh Vs State of UP
reported in 1996(2)SCC State 549 wherein it was held that
“…. In any organised society, right to live as a human being is
not ensured by meeting only the animal needs of man. It is
secured only when a man is assured of all facilities to develop
himself and is freed from restrictions which inhibit his growth.
All human rights are designed to achieve this object. Right to
life guaranteed of any civilized society implies the right to
food, water, shelter, education, medical care and a decent
environment. These are basic human rights known to any
civilized society. The civil, political, social, and cultural rights
enshrined in the universal declaration of human rights and
convention or under the Constitution of India cannot be
exercised without these basic human rights….”
I. Because the Respondents have ignored the fact that the
right to life includes the right to live with human dignity and
all that goes along with it, viz., the bare necessaries of life
such as adequate nutrition, clothing and shelter over the
head and facilities for reading, writing, and expressing
19. oneself in diverse forms, freely moving about and mixing and
commingling with fellow human beings as held by the this
honourable Court in FarcisCoralie Mullin versus Union of
territory of Delhi reported in 1981(1) SCC, 608;
J. Because the respondents have adopted an un-scientific
method of tackling the predicted situation of drought and
not taking appropriate steps to fight the human suffering,
which amounts to abdication of their constitutional duty and
therefore, this Hon’ble Court may compel them to take
suitable measures on a war-footing.
PRAYERS
In the aforesaid facts and circumstances it is most
respectfully prayed that this Hon’ble Court may be pleased to:
a) Issue any writ or direction, directing the Respondent no.8,
11 and 12 to declare a drought in their respective states
and provide immediate essential relief and compensation
to their people to tackle the present natural calamity.
b) Issue any writ or direction, directing the Respondents to
provide adequate and timely compensation for crop loss
and input subsidy for the next crop to the farmers
affected by drought.
c) Issue any writ or direction, directing the Respondents to
immediately make available and make timely payment for
20. employment of 150 days under the MGNREG Act to the
drought affected people.
d) Issue any writ or direction, directing the Respondents to
immediately make available food-grains as specified under
National Food Security Act, 2013 to all the rural people in
drought affected areas irrespective of any classification
such as APL/BPL.
e) Issue any writ or direction, directing the Respondents to
immediately make available milk or egg to all the children
covered by Mid-Day Meal Scheme or Integrated Child
Development Scheme to rural people in drought affected
areas.
f) Issue any writ or direction, directing the Respondents to
provide subsidized cattle fodder for animals in the
drought affected areas.
g) Issue any writ or direction, directing the Respondents to
restructure crop loans for damaged crops and other debts
of farmers in the drought affected areas.
h) Issue any writ or direction to the Respondent no.1, to
formulate uniform standard rules for the purpose of
declaration of drought.
i) Issue any writ or direction, directing the respondents to
fix fair, objective and transparent package for crop loss
compensation.
21. j) Issue any writ or direction, directing the Respondent no.
2-12, toformulate Integrated Water Policy in their
respective states so as to prepare for any future drought
k) Pass any such order or writ as this Hon’ble Court may
deem fit or proper in the present circumstances.
FILED BY
PRASHANT BHUSHAN
ADVOCATE FOR THE PETITIONER
DRAWN BY:
DRAWN AND FILED ON: .12.2015
22. IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
I.A. ____/2015
IN
WRIT PETITION (CIVIL) NO. ___ OF 2015
IN THE MATTER OF:
SwarajAbhiyan ...PETITIONER
Versus
UNION OF INDIA & ORS ...RESPONDENTS
APPLICATION ON BEHALF OF PETITIONER SEEKING
INTERIM RELIEF
To,
The Hon’ble Chief Justice of India
And his companion Judges of the
Hon’ble Supreme Court of India
MOST RESPECTFULLY SHOWETH:-
1. That the Petitioner is filing the instant writ petition under
Article 32 of the Constitution of India seeking intervention of
this Hon’ble Court for providing necessary relief and
rehabilitation to the residents of Bundelkhand region from
the harsh effects of second consecutive drought years, which
his snowballing and resulting in severe livelihood crisis,
mass migrations, starvation deaths, malnourishment cases,
increasing debts on farmers and further leading to farmer
suicides.
23. 2. That the Petitioner Organisation has a very good case and
there is every possibility of succeeding in this case and if
during the pendency of the present Writ, interim relief as
prayed for is not granted the Public of Bundelkhand region
would suffer.
3. That the petitioner has not filed any other Writ petition same
or similar to the present writ petition, neither in this Hon’ble
Court or in any other Court or forum across the land.
PRAYER
It is therefore most respectfully prayed that this Hon’ble Court
may be pleased to:-
a. Pass any order or direction, appointing committee of
Commissioners to take an account of the situation and
recommend necessary measures on war-footing.
b. Pass any order or direction, directing the Respondents to
immediately supply proper quantities of grains, pulses and
sugar through the public distribution system to the people
in BPL and APL category alike as per National Food
Security, Act 2013;
c. Pass any Order or direction for providing additional
quota of 2 kg of lentils per Ration Card in the drought
affected district;
d. Pass any order or direction for providing200 gm of milk or
an egg per day in the Mid-Day Meal scheme in the drought
affected region.
e. Pass any order or direction for temporarily banning use of
water for irrigating of sugarcane fields and other similar
water consuming crops, factories and plants.
24. b. Pass any such order or writ as this Hon’ble Court may deem
fit or proper in the present circumstances.
a.
New Delhi Filed by:-
Dated: . .2015
(PrashantBhushan)
Counsel for the Petitioner
