The Bombay High Court (HC) recently upheld the Maharashtra government's decision to not give preference to women's self-help groups (SHGs) and Mahila Mandals for contracts to supply fortified food packets at anganwadis.
The state government had invited bids in April for the supply of fortified food as supplemental nutrition, for over 1.1 lakh anganwadis. The women's groups contested the conditions of the tender. They argued that they were essentially barred from bidding due to the terms.
The central policy emphasises decentralisation and the participation of SHGs. The petitioners argued that the central policy supported their claim for a preferential right to provide the take-home packs. They also contended that the Supreme Court (SC) had acknowledged this right.
According to the qualifying criteria, bidders must have an annual turnover for the smallest division of the fortified food sector of at least 15% of the state's annual spending. It effectively kept women's groups out of the bidding process. The groups argued that this violated Article 14 by giving undue advantage to private contractors.
The government argued that addressing malnutrition was the main goal of the tender. It stated that it is not possible to change the tender to provide the SHGs preferred rights as there is no statute that grants them such rights.
The court found that the challenges lacked foundation and validity. It stated that the petitioners' only rights were to be considered as bidders in the process; they did not inherently have the right to participate in the take-home ration distribution process. The court also stated that the state has the authority to explore new approaches to eradicate malnutrition.
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