Supreme Court on removing meat products from mid-day meal menu for school children due to closing of dairy farms on Lakshadweep island

On May 09, 2023, the Supreme Court of India heard a plea challenging the Lakshadweep administration’s decision to close dairy farms and remove meat products from the menu of mid-day meals for school children. In this context, Justice AS Bopanna and Justice Indira Banerjee issued a notice to the Union Territory Lakshadweep, the Union of India, and others against the Kerala High Court’s decision. The High Court dismissed the plea against the decision of the Lakshadweep administration in September 2021 which was filed by Kavaratti-native Ajmal Ahmed. Earlier on May 21, 2021, an order was passed by the director of Animal Husbandry to close all dairy products. In relation to this, Ahmed said that this order was made to implement the proposed “Animal Preservation (Regulation), 2021”. This regulation bans the slaughter of cows, bulls, and calves. Moreover, the petitioner alleged that “As per the decision taken by the said committee in the meeting held on January 27, 2021, a new menu has been suggested, totally altering the prevailing menu for mid-day meals for the students in the Islands.”

In the recent hearing of the case (9 May 2023), the Supreme Court sought the stand of the Lakshadweep administration on a plea against the removal of meat and chicken from the Mid-day meal scheme. The matter was heard by a two-judge bench of the top Court including Justice Sudhanshu Dhulia, and Justice Aniruddha Bose. During the proceedings, the bench asked Additional Solicitor General KM Nataraj, “Why are you depriving children of this…?” To this, ASG replied that better things are added and presented the new mid-day scheme before the Court. The bench further asked, “Where is chicken? Suppose it’s part of my dietary or cultural habit, how can it be?” It was clarified that chicken and mutton are supplementary items whereas ASG told the bench that “WIth disturbing the nutritional aspects, a decision has been taken.” Further, the bench orally remarked, “In government schools, because of mid-day meals, people come to the schools…we are only on the mid-day meal scheme” and posted the matter for hearing on July 11, 2023.

In addition to this, the petitioner advocate contented that animal husbandry cannot be stopped just by saying that it is not profitable. He added, “There are so many programs launched by the Central government. They can’t take a decision on the ground because it is not a profit-making thing. They can’t do that. Because the policies are by the Centre. The policies of the Centre are to boost animal husbandry and dairy farming. There’s a budget allocation to Lakshadweep.” The Advocate highlighted that the application was rejected by the Kerala High Court for the same on the basis that animal husbandry is not profitable. The bench asked, “You want us to tell the Centre to keep on doing this business irrespective of the losses they are undergoing?” The Advocate replied, “They are supposed to apply modern techniques to see that…Central government schemes say so. Article 48 also says the same thing.” After hearing the contentions, the bench decided to list the matter for the next hearing.