A Public Interest Litigation has been submitted to the Delhi High Court regarding the failure to provide Rs 1,000 monthly nutritional support to numerous homeless tuberculosis patients under the Nikshay Poshan Yojana. The petition, initiated by Social Jurist, a civil rights organisation, aims to address what is perceived as systemic exclusion of these vulnerable individuals from essential welfare benefits.

The petition lists the Central Tuberculosis Division, the Union of India via the Ministry of Health and Family Welfare, and the Government of NCT of Delhi as respondents. Advocates Ashok Agarwal and Kumar Utkarsh represent the petitioner as they call for urgent judicial recognition of what is termed a significant infringement of fundamental rights.

Exclusion Due to Lack of Documentation

The petition emphasises the scheme’s inherent flexibility, including options for delivering benefits in various forms—such as food assistance, dry grains, or other nutritional support. Importantly, it argues that authorities have an obligation to assist beneficiaries who face documentation challenges. Despite this, homeless individuals residing in shelters or on pavements remain excluded from these benefits.

In underscoring the severity of the issue, the petition notes that at least 35 homeless TB patients have been identified as deprived of essential nutritional support. The authors argue that such exclusions negate the fundamental aims of the scheme which is to provide adequate nutrition throughout treatment duration, thereby contributing to the overarching goal of eradicating tuberculosis in India.

Relief Sought and Legal Justifications

The petitioners have requested several specific measures from the Court. These include immediate disbursement of Rs 1,000 monthly to all eligible homeless TB patients, as well as the adoption of alternative support mechanisms such as cooked meals, ration distribution, or voucher systems to aid those in need.

Additionally, the petition underscores the necessity for a robust framework to ensure that no eligible individual is denied access to assistance due to procedural hurdles. It highlights that the affected individuals are often unable to approach the Court on their own due to severe poverty and lack of resources, thereby justifying the use of the Court’s writ jurisdiction in this public interest matter.

The petition is expected to be heard by the Court on April 8, 2025, and may set a significant precedent for how welfare benefits are distributed to the most vulnerable sections of society. This case could potentially illuminate the gaps in the implementation of welfare schemes and spark dialogue about necessary reforms to ensure that nobody is excluded from essential health and nutrition support.

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