Women Self-Help Group (Bachat Gats) – No preferential rights in Tender for Take Home Ration (nutrition food) through 1,10,446 Anganwadi Centres
Supplementary Nutrition (under the Integrated Child Development Services Scheme) Rules, 2015 (for short, Nutrition Rules) were formulated under the National Food Security Act. These 2015 Rules were superseded by 2017 Rules. It is provided for engagement of Self-Help Groups.
On 12.9.2022, the Integrated Nutrition Support Programme – Saksham Anganwadi and Poshan (2.0) Rules, 2022, under which the impugned tenders were issued.
There was clear shift between the Nutrition Rules of 2015 & 2017 and 2022 Poshan Rules. Under the Poshan Rules, there was omission of engagement of Self-Help groups. The emphasis of Poshan Rules is on procurement as per General Financial Rules, 2017 and vigilance guidelines.
However, the central focus of the policy is to provide supplementary nutrition to children, pregnant women and lactating mothers.
In April 2013, the tender was supplied. The eligibility was enlarged and Women Self-help groups was one of such entity. Evaluation of tender is in four stages – technical bid evaluation, plant inspection, sample testing and rate tender opening.
The writ petitions were filed by 30-35 Mahila Bachat Gats out of 1,60,000 in the State, challenging the tender on the ground of violation of decentralization policy and their preferential rights.
HELD that the women’s self-help groups have no preferential rights over others on the ground of decentralisation, there are 553 projects in the State, Eight recipes are specified for the beneficiaries, sample is tested by Food safety authority and the nutritional support to vulnerable populations must remain the paramount consideration in this consideration and the role of Self-help Groups must be subservient to this overarching goal.
Judgment dated 6.12.2023 in Civil Writ Petition No.5942 of 2023 of Renuka Mata Mahila Bachat Gat Vs. State of Maharashtra and others with connected matters.
