Holding

The Court held that the State must incorporate at least five members from recognized voluntary organisations into the existing district‑level Natural Calamities Committees, which shall meet bi‑monthly to monitor starvation deaths and the implementation of welfare measures.

Summary

Two writ petitions filed under Article 32 highlighted extreme poverty, starvation deaths, and exploitation in Kalahandi and Koraput districts of Orissa. The petitioners alleged that the State had failed to protect lives and sought directions for immediate relief measures. The Court ordered a district judge to investigate, whose report denied widespread starvation deaths, which the petitioners contested. Relying on paragraph 39 of the Orissa Relief Code, the Court recognized that isolated starvation deaths could not be ruled out and that the Code provides mechanisms for enquiry and relief. It directed the State to nominate at least five members from recognized voluntary organisations to the existing district‑level Natural Calamities Committees and to hold meetings every two months to monitor starvation deaths and welfare measures. The Court also noted the extensive relief programmes already undertaken by the State and expressed confidence that they would alleviate the miseries.

Issues considered

Whether the State of Orissa has failed to prevent starvation deaths in Kalahandi and Koraput, violating fundamental rights under Article 32.
Whether the existing relief framework under the Orissa Relief Code is sufficient or a new supervisory committee is required.
Whether the Court can direct the State to incorporate members of voluntary organisations into district Natural Calamities Committees.
Whether the State must take specific administrative steps to monitor and address starvation deaths and related welfare concerns.

Legislation cited

Constitution of Indias. Article 32
Orissa Agricultural Produce Marketing Act
Orissa Relief Codes. para 39, s. para 40

Subjects

public interest litigationstarvation deathspovertyrelief measuresOrissa Relief Codenatural calamities committeeArticle 32social welfaredistrict committees

Judgment

Y....' KISHEN PATINAYAK & ANR. A
v.
STATE OF ORISSA

WITH

INDIAN PEOPLE'S FRONT THROUGH ITS CHAiRMAN, B
NAGBHUSHAN PATNAIK.
v.
STATE OF ORISSA & ORS.
LlI JANUARY 9, 1989

[MURARI MOHON DUTT AND K.N. SAIKIA; JJ.)
c
Constitution of India: Article 32.

Public Interest Litigation-Letter by social workers alleging-
Starvation deaths-Exploitation of landless labourers-Children- D
Selling of-Treated as writ petition-Directions by Court.

Law and Poverty: Social justice-Orissa Relief Code-Paras 39,
+.... 40--Social Welfare Measures-District Level Natural Calamities
Committees-Induction of social workers in committees.
E
Two social workers addressed a letter to this Court bringing to its
notice the miserable conditions of the people of the district of Kalahandi
in the State of Orissa on account of extreme poverty. The said letter wa:s
treated as a writ petition. The petitioners in this petition alleged that in
the district of Kalahandi on account of extreme poverty, there are
starvation deaths and in order to save themselves from starvation F
deaths, people are compelled to subject themselves to distress sale of
labour and paddy resulting in exploitation of landless labourers, depri-
vation of legitimate price of paddy to small peasants. It was also alleged
that on account of 'chill penury' people of Kalahandi district are even
forced to sell their children.
G
In the other writ petition, Indian PeopleS' Front alleged miserable
conditions of the people of Koraput district in addition to the Kalabandi
district. It was alleged that the starvation deaths, drought diseases and
famine have been the continuing phenomenon in the said two districts.

The petitioners accused the Government of Orissa of its failure to H
57
58 SUPREME COURT REPORTS I1989] I S.C.R.

A
protect the lives of the people of the two districts of Kalahandi and A
Korapnt and sought directions that the State of Orissa should be
directed to take immediate steps to alleviate the miseries and sorrows of
the people of the said two districts.

With a view to ascertaining the correct state of affairs and to
B know whether the State has implemented the social welfare measures, ,.___
and the adequacy of such measures to meet the needs of the people, the
Court directed the District Judge of Kalahandi to submit a report. The
learned District Judge in its report submitted that the State Govern-
ment has implemented social welfare measures and there was hardly ).._
any case of starvation death. I

c The correctness of the facts found by the District Judge in his
report was challenged by the petitioners, particularly the question of
starvation deaths. The petitioners suggested that for the purpose of
+
supervising relief work, a Committee of 11 member should be consti-
toted comprising members of well-known social organisations.
D
On behalf of the State it was stated by the Attorney General that
district level Natural Calamities Committees consisting of Collector,
Officials, MPs and MLAs are already existing and these Committees
review the progress of relief work and the measures taken to meet the ~
drought conditions. It was submitted that members of voluntary social
E organisations can be inducted in these existing Committees instead of
constituting a new Committee as suggested by the petitioners. The
aitention of the Cm1rt w.s also drawn to para 39 of the Orissa Relief
Code dealing with enquiry in cases of starvation deaths and relief mea-
sores to be taken in such cases. It was state«) that for the purpose of
alleviating the miseries and sorrows of the people in the district of
F Kalahandi, State has already undertaken appropriate social measures,
namely, allocation of Rs.8054 lakhs for Kalahandi during the Sixth
r
Plan, const:mt vigilance under the direct supervisjon of the Chief Minis-
ter for redressal of the distress of the people, undertaking of massive
scale labour intensive work to provide employment, free feeding prog-
ramme in areas of acute distress, Emergency Feeding Programme in
G drought affected areas and crop damage areas, undertaking of a
number of major, medium and small irrigation projects, digging of
tube-wells for drinking water, starting aforestation programme to pre- 't-
vent recurrence of drought conditions, fixation of minimum purchase
price for paddy, providing adequate funds to purchasing agents to
purchase surplus paddy at prescribed rates, direct procurement of en-
H tire paddy through Food Corporation of India and State Co-operative
KISHEN PATINAYAK v. STATE OF ORISSA 59

~.. Marketing Federation, strict implementation of the Orissa Agricultural A
Produce Marketing Act and free supply of seeds to agriculturists in
drought affected areas.

Disposing these petitions, the Court,

HELD: I. It is not disputed that the people of Klilahandi and B
Koraput are very poor and most of them have been living below the
poverty line. Though the report qf the District Judge is against the
starvation deaths the happening of one or two cases of starvation deaths
cannot altogether be ruled out. I: ·m-FI

2. Paragraph 39 of the Orissa Relief Code makes ample provision C
for taking steps in case ofstarvation deaths. l63D I

3. The State Government shall nominate at least 5 persons
belonging to the recognised voluntary social organisation like
Sarvodaya Gandhi Peace Foundation, Ramakrishna Mission, Bharat
Sewa Sangha and registered voluntary agencies as contained in the D
State approved list of voluntary agencies as members of the said existing
district level Natural Calaiµities Committees of the Districts of
Kalabandi and Koraput. l64B-CI
I
r- 4. The said Committees shall hold one meeting every two months
and shall be responsible for looking into the starvation deaths and the E
welfare of the people of these districts. Tl!ese committees shall also keep
• a watch over the working of the social welfare measures taken and
which are likely to be taken by the State Government. l66A, B]

5. The social welfare measures and prompt action taken by Govern-
ment of Orissa will help in ending the miseries of the people. I66C] F

ORIGINAL JURISDICTION: Writ Petition (Civil) No. 12847
of 1985 & 1081 of 1987.

{Under Article 32 of the Constitution oflndia).
G
R.B. Mehrotra, Amicus-Curiae, Kishan Patnayak-in-person,
-+ and Ranjan Dwivedi for the Petitioners.

G. Rath, Advocate General, Orissa, R.K. Mehta, Inderjit Roy,
Ms. Mona Mehta, K.R. Nagaraja, and Ms. Madhu Moolchandani for
the Respondents. H
60 SUPREME COURT REPORTS [1989] 1 S.C.R.

A The Judgment of the Court was delivered by

DUTT, J. Writ Petition (Civil) No. 12847 of 1985 has its origin in
a letter written by Shri Kishen Pattnayak and Shri Kapil Narayan
Tiwary, two social and political workers, addressed to the Hon'ble the
B Chief Justice of India. In this letter, they have brought to the notice of
this Court the miserable condition of the inhabitants of the district of
Kalahandi in the State of Orissa on account of extreme poverty. It is
alleged that the people of Kalahandi, in order to save themselves from
starvation deaths, are compelled to subject themselves to distress sale
of labour on a large scale resulting in exploitation of landless labours
by the well-to-do landlords. It is alleged that in view of distress sale of
c labour and ·paddy, the small peasants are deprived of the legitimate
price of paddy and they somehow eke out their daily existence.
Further, their case is that being victims of 'chill penury', the peciple of
Kalahandi are sometimes forced to sell their children. It has ·1been
prayed that the State Government" should be directed to :take
D immediate steps for the purpose" of ameliorating the misery o1\ th,e
people of the District of Kalahandi.

On receipt of the said letter, this C.mtt directed the same to be
treated as a writ petition and it was registered as such. · i~·' ·.•

E Another writ petition being Writ Petition {Civil) No. 1081 of
1987 has been filed by the Indian People's Front. This writ petition not
only relates to the misery of the people cif Kalahandi, but also of the
people of another district, namely, the district of Kora put. In this writ
petition, it has been alleged that the starvation deaths of the inhabi-
tants of the districts of Koraput and Kalahandi are due to utter negli-
F gence and callousness of the administration and the Government of
Orissa. It is alleged that the starvation deaths, drought diseases and
famine have been the continuing phenomena in the said two districts
since 1985. The Government of Orissa has been accused of utter fai-
lure to protect the lives of the people of the two districts.

G The State of Orissa appeared in both these writ petitions and
opposed the same by filing counter-affidavits denying the allegations
of the petitioners. The State of Orissa filed two statements one dated
October 20, 1986 consisting of 160 pages and the other dated
December 1, 1986 consisting of 181 pages. In these statements, it has
been alleged by the State of Orissa that the State Government has
H implemented the social welfare measures in the district of Kalahandi.
KISHEN PATINAYAK v. STATE OF ORISSA [DUTT, J.I 61

In order to ascertain the correct state of affairs, this Court by its
A
order dated January 16, 1987 requested the District Judge of
Kalahandi to enquire as to whether the State Government has, in fact,
implemented the social welfare measures in the district of Kalahandi
and whether such measures were adequate to meet the needs of the
people there. The learned District Judge was asked to submit a report
to this Court. It was ti,irther directed by this Court that the learned B
District Judge, while preparing his report, would consider the feasibi-
lity of the implementation of some suggestions made by the petitioners
regarding the steps to be taken for the purpose of ameliorating the
condition of the people in the said district.

The learned District Judge has since submitted his report which
runs into 361 pages. The petitioners are not at all satisfied with the said
c
report of the learned District Judge. They have challenged the correct-
'i-·· ness of facts found by him, particularly with regard to the question of
starvation deaths. It has been stated by the learned District Judge that
there was hardly any case of starvation death; on the other hand, there
has been implementation by the Government of the social welfare D
measures.

We do not think it necessary to consider the report of the learned
District Judge. It is agreed by the parties including Shri Pattnayak, the
petitioner No. 1 in Writ Petition No. 12847 of 1985, who has appeared
before us in person, that some steps should be taken for the purpose of E
alleviating the miseries and sorrows of the poor inhabitants of both the
said districts. It is not disputed that the people of the districts of
Kal!lhandi and Koraput are very poor and most of them have been
living below the poverty line. Although the learned District Judge's
report is against the alleged starvation deaths, we are of the view that
the happening of one or two cases of starvation deaths cannot F
altogether be ruled out. Shri Pattnayak laid much emphasis in his
submissions on the duty of the Government to take immediate steps to
prevent starvation deaths. He has submitted before us some sugges-
tions in writing. So far as prevention of starvation deaths is
concerned, his suggestion are inter alia that the Government should
constitute a ! I-Member Committee, of which the majority should be G
social workers·, for the purpose of supervising matters arising out of
drought and other natural calamities. This committee may be called
the Kalahandi Relief Implementation Committee (KRIC). The non-
official members should not be members of any political party and
should belong to well-known organisations of soci&l work, such as,
Sarvodaya Gandhi Peace Foundation and registered voluntary agen- H
62 SUPREME COURT REPORTS [1989) 1 S.C.R.

A cies, as contained in the State approved list of voluntary agencies. He
has also enumerated the duties of the Committee.

The learned Advocate General of Orissa, appearing on behalf of
the State of Orissa, has drawn our attention to paragraph 39 of the
Orissa Relief Code which provides as follows:
B
"39. Reports on starvation:

(i) Inspite of taking adequate precautions in provid-
ing relief works for able-bodied persons, and gratuitous
relief and feeding programmes for those who cannot under-
take physical labour and other relief measures, reports of
c starvation cases very often appear in the Press. Whenever a
report of death due to starvation is published and it comes
to the notice of the Collector, he shall immediately cause
an enquiry into the allegation. The enquiry shall be
conducted by a gazetted officer in the presence of the
D Sarpanch, Ward Member or some gentlemen of the village
and the result of the enquiry reported in the Proforma in
Appendix VI within 48 hours, if possible. The Proforma is
not exhaustive. The Collector should include such other
information which he considers necessary to give Govern- _.A
ment · a complete picture of the situation in which the
E alleged death has taken place. If all the information cannot
be collected forthwith a preliminary report should be
furnished immediately to be followed by a complete report ~
soon.

(ii) After the receipt of the enquiry report, the Col-
F lector shall review the relief measures undertaken in the
area and also if he deems proper, may visit the area himself
or depute a senior officer to take stock of the situation and
be satisfied about the adequacy of labour employment,
food position, and other relief arrangements. He should
take further steps to alleviate distress in the area as far as
G possible. In case he considers necessary to further stren-
gthen the relief measures, he shalt furnish concrete pro-
posals promptly with necessary justification through the
-!-·
(

Revenue Divisional Commissioner to the Board of
Revenue/Special Relief Commissioner."

H Ih this connection, we may also refer to paragraph 40 relating to
KISHEN PATfNAYAK v. STATE OF OR!SSA [DUIT, J.) 63

verification of Press reports and issue of contradiction, if any. A
Paragraph 40 reads as follows:

"40. Verification of Press reports and issue of contradic-
tion, if any-Besides alleging starvation deaths, reports on
large scale migration of population on account of lack of
work, scarcity of drinking water, outbreak of epidemics B
etc. appear in the Press very often. The Collector shall take
steps to get such reports immediately verified by proper
enquiry or otherwise and if found true should take imme-
diate remedial action. Proper publicity relating to the relief
measures undertaken should also be given. If on the other
hand, the report is found inaccurate, exaggerated or incor-
rect a contradiction stating the correct facts may be issued
c
by the Collector immediately. Copies of such contradic-
tions should be made available to the higher authorities."

It is apparent from paragraph 39 that ample provision has been
made for taking steps as soon as the report of starvation death is D
published or any starvation death comes to the notice of the Collector.

It is also submitted by the learned Advocate General that there is
-l- a district-level Natural Calamities Committee consisting of the Col-
lector, other officials and the popular representatives like MPs and
MLAs of the district, who are required to review the progress of relief E
work and the measures taken to meet the drought conditions from
time to time. He submits that instead of constituting another Commit-
tee, the Naturual Calamities Committee will serve the purpose. Shri
Pattnayak also agrees that another separate Committee need not be
constituted, but he submits that the Natural Calamities Committee
should include at least five non-official and non-political members F
belonging to well-known organisations of social work, such as,
Sarvodaya Gandhi Peace Foundation and registered voluntary
agencies, as already suggested by him. The learned Advocate General
states that the Government has no objection to induct into the
Committee non-officials, such as, representatives of the recognised
voluntary organisations as suggested by Shri Pattnayak. G

+ In the circumstances, we direct the G<Jvernment of Orissa that it
shall, within a month from date, nominate the names of at least five
persons belonging to the recognised voluntary organisations like
Sarvodaya Gandhi Peace Foundation, Ramakrishna Mission, Bharat
Sew a Sangha and registered voluntary agencies as me .nbers of the said H
64 SUPREME COURT REPORTS [1989) 1 S.C.R.

A
Natural Calamities Committee of the district. We a:so accept the sug- ,\
gestion of Shri Pattnayak that the Committee shall hold at least one
meeting every two months. The function of the Committee will not be
confined only to the cases of starvation deaths, but it shall be responsi-
ble for looking after the welfare of the people of the district.

B We are given to understand that there is also such a district-level
Natural Calamities committee in the district of Koraput. We make it
clear that the Government will also nominate at least five such persons
belonging to recognised voluntary organisations within a month from
today and the Committee will also perform the same functions.
-,.
So far as the district of Kalahandi is concerned, it has been urged
c by the learned Advocate General that the Government of Orissa has
already undertaken appropriate measures for mitigating the miseries
of the people of that district. The steps which have been taken by the
.+
Government may be stated in brief. The State Government has allot-
led a sum of Rs.8054 lakhs for Kalahandi during the Sixth Plan. The
D State Government is fully aware of the situation in Kalahandi and
constant vigilance is maintained under the direct supervision of the
Chief Minister to redress the distress of the people. The labour inten-
sive work has been undertaken by the government on a massive scale
to provide employment opportunity to the people of the district of _..,-
Kalahandi. During the year 1984-85, in areas of acute distress, free
E feeding programme has been undertaken on a massive scale. During
1987-88 the coverage under the Normal Feeding Programme was
2, 12,800 persons. Besides, 1,20,000 persons were also covered under
the Emergency Drought Feeding Programme covering all the drought
affected areas of the district. In 128 Gram Panchayats where crop
damage was more than 50%, 1,20 ,000 persons were covered under the
F Emergency Feeding Programme during 1987-88. During the current Jr
year, preliminary survey indicated that crop damage was likely to
occur in 74 Gram Panclrnyats and, accordingly, 40,000 persons from
the said affected areas have been covered under the Emergency Feed-
ing Programme in addition to the Normal Feeding Programme for
2, 12,800 persons. Under the Area Development Approach Prog-
G ramme for Total Backwardness Scheme covering certain blocks, about
20,000 persons are being fed under the Feeding Programme. Accord-
ing to the Government, 2,72,000 persons are being covered by the ..J.,
l
Feeding Programme in Kalahandi district in 1988.

Kalahandi is a drought-prone district and Government has,
H according to the learned Attorney General, already taken a number of
I KISHEN PAITNAYAK v. STATE OF ORISSA [DUTT, J.[ 65
)-- ..
major, medium and small Irrigation Projects in the said district to A
provide irrigation facilities.for agriculturists. 485 tube-Wells are stated
to have been dug.as a major source of drinking water in Kalanandi.
The Government has also started aforestation programme so as to
prevent the recurrence of drought conditions.
-<;
\ Much facilities are stated to have been given to the weavers of B
the district.
:'>
-
-k
'

!
Elaborate measures have also been taken for ensuring that poor
cultivators are not coerced to sell their surplus paddy at a lower rate on
account of their poverty. The Orissa Agricultural Produce Marke!ing
Act is being strictly implemented. The entire procurement of paddy
has been entrusted to the Food Corporation of India and the State
c
Cooperative Marketing Federation. These two Organisations specia-
Iised in such purchases, are possessed of godowns and have their local
centres throughout the State for purchase of surplus paddy. The FCI at
the request of the State Government, has· established purchase centres
at J unagarh, Khariar Road and Kesinga in the district of Kalahandi. D
The FCI has also made arrangements for direct purchase of paddy at
Dharmagarh, Junagarh and· Narala. The State Cooperative Marketing
;J..... Federation has also opened direct purchase centres at Boden and
Sinapalli in the district of Kalahandi. Furthermore, when surplus
paddy comes to market, additional purchase centres are provided for
purchase of the surplus paddy. E

The minimum purchase price for paddy is fixed by the Govern-
I ment of India. Adequate funds are provided to the purchasing agents
i1 to purchase the surplus paddy at the rates prescribed by the Govern-
ment. State Government also ensures that unscrupulous traders do not
coerce the farmers to sell paddy at a distress price. F

Assistance to agriculturists is also being given by the Govern-
ment. Due to drought conditions, the Kharif crop was damaged in
some areas of Kalahandi district in 1987-88. To enable cultivators to
undertake resowing, Government is stated to have supplied seeds free
of cost in mini-hags. G
~
The measures which have been taken and are being taken, as
stated in the written note submitted by the learned Advocate General,
have been briefly mentioned. There is no reas\>n not to accept the
statements made on behalf of the State of Orissa that the measures,
stated. above, are being taken for the purpose of mitigating hunger, H
66 SUPREME COURT .REPORTS [1989] 1 S.C.R.

A poverty, starvation deaths, etc. of the people of Kalahandi. If such
measures are taken, there can be no do,ubt that it will alleviate to a
great extent the miseries of the people of Kalahandi. Such measures
are also being taken in respect of the district of Koraput. The Natural
Calamities Committee shall also keep a watch over the working of the
social welfare measures which are being taken and may be taken in
B future. Shri Pattnayak also does not dispute that if such measures are
continued to be taken, it will be a great relief to the people of
Kalahandi and Koraput. We hope and trust that in view of the prompt
action that has been taken by the Government, soon the miseries of
the people of these two districts will be over.

c As prayed for by Shri Pattnayak, the petitioners are granted
liberty to mention before this Court, if necessary. '
-;-·

The Writ Petitions are disposed of as above. There will be no
order as to costs.

T.N.A. Petitions disposed of.