New Delhi, August 23rd, 2012

The National Human Rights Commission has recommended that Haryana Government pay Rs. 25,000/- each as monetary relief to 288 students of government schools in Kurukshetra, Haryana who fell sick after taking mid-day meal provided by ISKON, Kurukshetra on the 14th and 16th July, 2011. The Commission has also asked the health department of the State government to take action against the errant public servants in the matter. However, despite reminder, the State government is yet to send its action taken report along with the proof of payment as recommended by the Commission.

The Commission took up this case suo motu on the 15th July, 2011 on the basis of a media report and sought a report from the Secretary (Health), Government of Haryana.

Pursuant to the directions of the Commission, the state authorities forwarded a report on the 16th September, 2011 informing that about 50 students in Thanesar Block fell sick after taking mid-day meal provided by ISKON, Kurukshetra on the 14th July, 2011. All the students were brought to the LNJP Hospital, KKR for treatment.

Again, on the 16th July, 2011 about 238 students in Pehowa block fell sick after eating mid-day meal which was also provided by ISKON, Kurukshetra.

The report mentioned that five samples of mid-day meal were collected from Thanesar block, three samples from Pehowa block and two samples from Ladwa block. Out of the ten samples of mid-day meal, two were found contaminated with dead lizards and one was found contaminated with two dead house flies and unfit for human consumption.

However, when the Commission issued show cause notice to the State Government as to why children should not be given interim relief for violation of their rights, the concerned authorities replied that all of them were provided best treatment free of cost; hence, the case of interim relief under Section 18(a)(i) of Protection of Human Rights Act, 1993 is not made out in the matter. It was also added that there was no casualty involved in the incident as a matter of fact; hence, the notice may be filed.
However, the Commission did not find the State's stand convincing. It held that the facts have established that the students had fallen ill after consuming contaminated food. Therefore, it is a clear case of violation of human rights and every child who had fallen ill is entitled for interim relief.

The Commission also asked the State Government to depute an enquiry officer not below the rank of District Magistrate, other than the concerned District Magistrate of District Kurukshetra, to fix the responsibility of the errant public servant, whose negligence led the children to consume contaminated food.

Giving six weeks time to the Haryana Government, the Commission asked it to submit compliance report by the 4th June, 2012. However, on receiving no response from the State Government, the Commission on the 6th August, 2012 issued a reminder giving four weeks time to the Chief Secretary, Government of Haryana for compliance report, which is still awaited.

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