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In this booklet, an attempt has been made to discuss this pertinent issue
relating to food insecurity and further an endeavour has been made to
highlight the role of social, political, economic and policy related issues
relating to food insecurity.
Just like availability or non availability of natural resources may not play a
crucial role in aggravating the situation of food insecurity, similarly,
hunger cannot be eradicated simply by implementing a few weak schemes or
programmes without any will to improve the ground level situation.
The production of food has never come down as our farmers and
workers have been toiling hard to keep up the level of agricultural output
despite numerous problems like drought, flood, increased use of chemicals
etc. Yet, the number of starving and hungry people could not come down
and all this happens because of wrong decisions taken by the state and the
ruling class.
The legal battle continued for long. Many people, across the nation,
were dying due to starvation and hunger. Those sensitized towards the
cause including activists, peoples organizations, academics, journalists,
grassroot level social workers, all were perturbed by this situation.
Therefore, a campaign was initiated to eradicate hunger and prevent
starvation deaths. After several struggles and interventions made at various
levelsbesidesthe directions given by the Supreme Court of India, finally on
September 10, 2013, the Food Security Act was enacted in the country.
Now, food security is not only a service that should be rendered only when
required rather it is a right that is recognized under the law.Especially after
the parliament has enacted the Food Security Act, the right to food now
can be demanded and the state can be held accountable towards children,
women and common men. This implies that the state and the systems
under it, all are bound to play a pro-active role to grant rights and
entitlements to the Indian citizens as provided under the law.
Food security is a legal right and state is bound to ensure that it should be
made available to people. Therefore it is essential to ascertain that there
is a system that is in place to implement the law and wherever required
the structure should be strengthened. As defined under the law, the roles
and responsibilities should be clearly demarcated and defined at various
levels. Accountability must be built in at all levels from making schemes
workable to resource distribution to allocation to implementation to
grievance redressal.
Through this Booklet we will attempt
to understand following points:
1. We will try to analyse the issue of food security in the contemporary
India from various perspectives
2. We will also attempt to understand different socio-political aspects
relating to the issue of food security
3. We will go by theprinciple that food security is a basic right granted
to the all people under the law and such right will not be compromised
in any manner. It is then only that through this law situation of hunger,
starvation and malnutrition could be addressed. The process of social
audit and monitoring therefore becomes essential to ensure that the
provisions of the law could be implemented on ground.
4. Therefore it is relevant that people should raise questions relating to
implementation of schemes under the law and the state should be
bound to answer all relevant questions and address issues relating to the
rights and entitlements granted under the Act
5. We should also get
correct and true
information relating
to implementation of
the Act
6. It is essential that all
people should
participate fully to
ensure that the law is
properly implement-
ed and therefore
every individ-
ual should play
an active role
in social audit. We
should not wait for
the situation when
a problem arisesin
order to complain or
raise voice.
To Address the Ground Realities what
does this Booklet contains?
For the period between 2007 to 2014, the issue of inflation and food security
became a major challenge in India. It is not that we do not have enough
resources available here. For these 8 years, the farmers in the country have toiled
hard to produce on an average 24 million tons of wheat. Out of this around
one fourth was procured by the government and was kept in safe custody in
the storage houses. For this time frame, every year, six tonnes of the wheat was
kept in the government storehouse/godowns. In fact for the period between
2012 to 2014, 8 crores tonnes, wheat was procured and kept in the warehouses/
godowns, yet shortage of food was declared by the government. These
contradictions continued to exist. But why this has happened? Is it happening
now also? The answer is No. It happened because this is a result of continu-
ation of colonial legacy and oppressive systems where the ruling elite instead
of working for the welfare of common citizens focus their attention more on
profit making and therefore investresources in strengthening the free market
economy. In order to assert their power they create artificial shortage of essen-
tial commodities.
When we talk about hunger and food security in the contemporary India, it
is difficult to overlook the impact of colonial legacy and its aftermath. The
historical analysis during the period indicates that the situation of hunger
and starvationwas created. It was manmade. These situations do not happen
because of drought, flood, famine, illness, scarcity or crisis, but hunger,
starvation, food shortage, all are the product of profit and power relationship
between the state and the market.
These are mere facts. The pertinent question relates to ascertaining the truth
behind these facts. We frequently refer too Bengal famine that took place in
the year 1943 yet this was not the only one that killed lakhs of people. The
colonial history has witnessed many of such incidences. Mike Davis in his book
(Late Victorian Holocaust) wrote during the 120 years of British regime India
witnessed 31 great famines where 2.90 crores people died. This is in comparison
to the rest 2000 years of history of India which has seen only 17 famines.
In the year 1877 and 1878 when famine occurred in the form of drought, then
also the big players and middlemen in the food supply business continued to
export food grains. Common people including workers and farmers started
dying due to starvation yet the government officials were instructed to do
everything that could `make the relief work dysfunctional. What was promoted
was to obtain profit out of the unjust situation by sucking every drop of blood of
poor peasant Indians.The starved farmers and workers were made to do heavy
and hard work and in the peasant centers they were given less and less of food.
Not only in India, this scenario had been observed in the Central Germany too
where during the second world war in the Nazi camp in the village Buchenwald,
Jewish prisoners were made to do strenuous work and yet were served a very
limited quantity of food.
In colonial India, during this famine, millions of people died yet, the relief work
was never initiated by the then British government. Instead, Viceroy Robert
Bulwer Lytton never tried to postpone the Imperial ceremony where many
were fed luxurious food items when Queen Victoria was declared as a Ruler of
India. This royal festival continued for a week where 68 thousand guests were
invited to listen to those ironic remarks made by Queen where she stated that
she promised to bring happiness, prosperity and welfare in the country.
Winston Churchill could have stopped this tragedy if he could have sent a few
ships full of food to India; yet he refused to do so. Subhash Chandra Bose, who
was fighting war for friendly countries, proposed to send rice from Burma,
however, the British government didnt allowed such proposal. In fact, Churchill
was sending food grains for British Army and Greek citizens. According to him,
sending food to protected and strong Greece was a great priority as compared
to feeding millions of Indians in Bengal who were dying due to hunger and
starvation.
The then state secretary Leo Amery and Viceroy Archibald Wavell made an
urgent request to send food to India, however, Churchill replied through a
telegram saying that why Gandhi has not yet died?
Wavell wrote to London that `the Bengal famine was one of the greatest
tragedies that had fallen upon any country under British domain. He continued
that when Holland requires food, ships are made available to send the same,
however, when we requested ships to deliver the food to India we were given
negative response. This is when Churchill responded that Britain was not in
position to make the ships available. The study conducted by Mukherjee found
that ships started from Australia went to center while passing through the
coastal boundaries of India.
Mukherjee in one of her essay wrote that Churchill believed that wheat is an
expensive commodity and therefore held that it should not be wasted on non
Whites. He was holding the wheat produce so that it could be consumed by the
Europeans once the war end rather than distributing wheat among those who
were fighting to gain independence from British rule.
The time has changed but the history is repeating itself in modern India.
Britian became prosperous by looting the resources from India while
maintaining starvation in different form, though it believes that it has given
a new identity to India. In October 1943, when the impact of famine was at
peak in Bengal, in a grand luxurious programme organized to facilitate the
appointment of Archibald Wavell, Churchill commented that, when we look
back we found that on this portion of Earth no battle has been fought for past
three generations. Famines and epidemics have taken place and goneThis
part of Indian history will be recognized as a golden erathis is a period when
British Rule has given India a system that is peaceful and the one that is just for
poor where everyone is safe and protected.
Today, we are a free country; this is a most positive situation for this
generation. Now we knew what Britishers have done. We knew that it is not
because of shortage of food rather the famines were created by the British
Rulers which caused death and killing of 4 crores people.
And even today, when godowns/storehouses are filled with food, then also
people are denied access to food. Even today, the government believes that the
task of providing subsidies or expenses involved in providing food security to
people is a burden on state.
2. Food Security A Perspective
This include
Food security exists, when all people, at all times, have physical and
economic access to sufficient safe and nutritious food to meet their
dietary needs and food preference for an active and healthy life.
World Food Summit, Rome, 1996
Importance of Food Security
Freedom from hunger and malnutrition
For assuring a life with Dignity and Respect
For playing a constructive role as per ones maximum potential
To end inequality, inequity and injustice
To achieve and ensure other rights including that of education, employment, safe
motherhood
For a positive development and to achieve the goal of self sufficiency
To empower communities
Elements of Food Security
Food Utilization Food Access Food Availability
Nutritional Values Affordability Production
Social Value Allocation Distribution
Food Safety Preference Exchange
The court is concerned about the fact that poor, weak and deprived
sections of society should not suffer due to hunger and starvation. It
is a primary duty of the state both at center and the state level to
eradicate hunger and starvation. How this should be done is a policy
matter that the state needs to resolve. The court wants to ensure that
the food lying in government godowns should not go waste neither
should it be thrown away in the sea nor it should become the food for
rodents. Without proper implementation, policies have no meaning.
Important is that the food should reach people who are victimized and
are suffering because of hunger and starvation
For details see PUCL v. Union of India and others, Supreme Court of
India Writ petition 196/2001
Prevalent Conditions and Contradictions
Calorie intake and consumption standards for determining poverty in
India and poverty standards as estimated by the expenditure
by the government (Percentage of total population)
(In the matter of the Peoples Union for Civil Liberties v Union of India (Writ Petition Number
196/2002) the Supreme Court of India has given many important orders and decisions)
Current Food Policy and the Role of State:
A Critical Analysis
In our society the food security is linked to social structure and system.
Food, production, storage, distribution and systems to deal with the adverse
situations are created by the society. We know that resource distribution
system is not based on the principles of equity and justice and
impact has been felt of the plundering of resources done in beginning of
twentieth century which are clearly visible today. With the rise of the
effect of colonialism, world wars, and centralized capitalist free
market food security system began to collapse while the relationship
or nexus between the society and natural resources play a great role
in intensification of food security system. In this chapter we will look at
those aspects where we will see that the role of society weakens and state
acquires power and since when the state defined system was taken over by
the market forces. To clearly understand these changes we need to reflect on
the experiences in last 75 years. We are dividing this long period into five
stages to comprehensively reflect on the situation
1. The first stage before Constitution was made (1939 to 1950) Role of state
in resolving the crisis during disasters
2. Stage after the Constitution was made till the phase when the policy of
liberalization was introduced (1950-91) Peoples welfare state and its
role in protectingfundamental rights
4. The active role played by the Supreme Court of India The debate was
initiated on the policies and rights and since 2001 in the period of
economic growth organized initiatives were taken to deal with the
situation of agriculture crisis and starvation
5. The enactment of Food Security Act (2005-2014) the period when the
state was rolling back social security measures and was in the process of
giving up its role as a welfare state, in the same period the enactment of
this law was a significant step
First Stage (From the year 1939 to 1950)
For the period between 1958 to 66 due to shortage in food supplies, food
was imported from America under PL 480 policy.America exploited the
opportunity of the then prevailing crisis in India and imposed its own
conditions and terms relating to monetary policies, foreign trade and
production, and also for determining and regulation of prices of
chemicals and fertilizers. In the year 1966, India was forced to import
14% of its food required to its total requirement.
It is during this period that Green Revolution began in India. The sole
aim was to increase production of food in whatever possible manner. It is
for this reason that all resources were utilized including machinery and
increased use of chemical fertilizers and pesticides in several areas.
After India gained independence, in spite of the fact that adverse situation
persists, self sufficiency was obtained in food production and then began
discussion and debate on the different aspects of food security policy.The
major aspects of this initiative were:
Protecting farmers from anomalies of market and help them to sell food
at the right price so that production could be encouraged
Keeping buffer stock so that challenges arising due to natural calamities,
disasters, war etc could be met
Keeping market price in control
Public distribution of essential commodities
In the year 1965, Food Corporation of India was established with the
object to purchase, distribution, storage, logistics and marketing of
food in an open market.
In the sixth five year plan (1980-85) it was held that public distribution
system (PDS) should be strengthened and developed to make it a per-
manent structure of the strategy to further the object of distribution and
supply of food and essential commodities and for control of prices.
In 1982, when 20 points programme was formulated, the 17th point re-
lates to supply of food under school books and copies were made avail-
able with the ration/fair price shops in order to expand the public distri-
bution system.
Within two years the number of fair price shops increased to 3.02 lakhs
from 2.30 lakhs.
The government took onus of supplying wheat, sugar, kerosene, edible oil
and soft coal.
In the year 1984 food and supply ministry was established under which
two separate divisions were made. Citizens supply division took the
responsibility of public distribution system.
Third phase (After the year 1991)
While implementing the new economic policies it was decided that the state
will limit its welfare responsibilities and will cut down and reduce subsidies.
It was decided that the food will be freed from the state control and will be
regulated by market forces.
In the year 1991-92, it was decided that 2.17 crore tonnes wheat will be
distributed through PDS, however only 1.90 crore tonnes was actually given
away through this process
In the year 1994-95, 2.41 crores was earmarked out of which only 1.31 crores
tonnes was actually distributed.
The heaps of food grains began increasing
During the same time, the price of food increased globally and instead of
distributing the wheat among people in India it was exported to other
countries.
In 1752 development blocks revamping of PDS was initiated
36% of families were considered as poor in the country and therefore a large
section was deprived and left unprotected. The demand was high and
resources were constrained because of which corruption in food increased to
a dangerous level
The National Human Rights Commission believed that, the right to food is
an indivisible part of right to life with dignity under Article 21 of the
Constitution. This has been judicially interpreted to mean a life with human
dignity and not mere survival or animal existence. In the light of this, the State is
obliged to provide for all those minimum requirements which must be satisfied
in order to enable a person to live with human dignity, such as education, health
care, just and humane conditions of work, protection against exploitation etc.
In the view of the Commission, the Right to Food is inherent to a life with
dignity, and Article 21 should be read with Articles 39(a) and 47 to understand the
nature of the obligations of the State in order to ensure the effective realisation
of this right. Article 39(a) of the Constitution, enunciated as one of the Directive
Principles, fundamental in the governance of the country, requires the State
to direct its policy towards securing that the citizens, men and women equally,
have the right to an adequate means to livelihood. Article 47 spells out
the duty of the State to raise the level of nutrition and the standard of living of
its people as a primary responsibility. The citizens right to be free from hunger
enshrined in Article 21 is to be ensured by the fulfilment of the
obligations of the State set out in Articles 39(a) and 47. The reading of Article 21
together with Articles 39(a) and 47, places the issue of food security in the correct
perspective, thus making the Right to Food a guaranteed Fundamental Right which
is enforceable by virtue of the constitutional remedy provided under Article
32 of the Constitution. It follows, therefore, that there is a fundamental right to
be free from hunger. Starvation constitutes a gross denial and violation of this
right. (National Human Rights Commission; 37-3-97-LD)
With the limitations put on the PDS a new practice began in India; the
fundamental rights were also denied in the process. These basic rights are
guaranteed to every citizen of India irrespective of the fact whether they belong to
BPL (Below Poverty Line) or APL (Above Poverty Line) category.
The impact of change in policies was felt specifically on June 1, 1997 when
extensive public distribution system was restricted to targeted public
distribution system
Under this policy, now cheap ration or food grains (subsidized at the rate half
of its actual economic cost) is not made available to entire population rather
it was made available to only those who fall under the BPL category while
those above poverty line were made to pay the entire cost of food items.
It is from here that the doubtful situation was created relating to
definition of poverty, standards and measures of poverty, total number of
families living in poverty, identity of those living in poverty and their listing.
As per the Government of India, only 36% people falls under the deserving
category and could be provided food grains at low cost, rest 64% were denied
the benefits under the PDS.
During the period 1998-2001, the price of commodities available at the
ration shops was increased (the price of wheat was enhanced to 66% and the
price of rice was increased by 62%)
The intention was to reduce the cost by cutting down the subsidies and on
the other hand to introduce the open market system and attract consumers
toward it. Studies were hinting that aim was to increase the market for the
common food items as well as marketization of processed food while at the
same time the object was to end the food security programmes initiated by
the state.
Fourth Phase Proactive Role played
by the Supreme Court (Since 2001)
Hunger Facts
1. Hunger remains the No.1 cause of death in the world. Aids, Cancer
etc. follow.
2. There are 820 million chronically hungry people in the world.
3. 1/3rd of the worlds hungry live in India.
4. 836 million Indians survive on less than Rs. 20 (less than half-a-
dollar) a day.
5. Over 20 crore Indians will sleep hungry tonight.
6. 10 million people die every year of chronic hunger and hunger-
related diseases. Only eight percent are the victims of hunger caused
by high-profile earthquakes, floods, droughts and wars.
7. India has 212 million undernourished people only marginally
below the 215 million estimated for 199092.
8. 99% of the 1000 Adivasi households from 40 villages in the two
states, who comprised the total sample, experienced chronic
hunger (unable to get two square meals, or at least one square meal
and one poor/partial meal, on even one day in the week prior to
the survey). Almost as many (24.1 per cent) had lived in conditions
of semi-starvation during the previous month.
9. Over 7000 Indians die of hunger every day.
10. Over 25 lakh Indians die of hunger every year.
11. Despite substantial improvement in health since independence
and a growth rate of 8 percent in recent years, under-nutrition
remains a silent emergency in India, with almost 50 percent of
Indian children underweight and more than 70 percent of the
women and children with serious nutritional deficiencies as
anemia.
13. During 2006 2007, malnutrition contributed to seven million
Indian children dying, nearly two million before the age of one.
14. 30% of newborn are of low birth weight, 56% of married women
are anaemic and 79% of children age 6-35 months are anaemic.
In the fair price shops the percentage of those consuming wheat increased
from 11% to 27.6% in rural areas and number of those consuming rice in-
creased from 24.4% to 39.1%
In urban areas those consuming wheat increased from 5.8% to 17.6% and
for rice eaters the consumption increased from 13.1% to 20.5%
Why implementation machinery
be made accountable?
In the year 2009-10, 76% families purchased rice and 71.7% families pur-
chased wheat for their consumption. While in the year 2004-05 21.4% fami-
lies purchased rice and 26.1% families bought wheat for consumption
During the year 2009-10 when this study was conducted it was observed that
just 30 days before when these questions were asked 53.8% families consumed
tuar dal, 17.5% families used sabut chana, 40.5% families consumed moong
dal, 34.9% masoor, 35.4% urad and 76.4% families consumed milk.
Almost 92% people consumed eggs, chicken, and purchased all forms or veg-
etables. Less then 10% produce what they consumed
Source: NSSO Report 545; PDS and Family Consumption and other sources, Report released in January 2013
Fifth Phase Making of employment and Food
Security as a Right under the Law (2005 to 2014)
In the year 2001 after the proactive interventions made by the Supreme
Court it was specifically clarified that without the right to livelihood
and employment the right to food security and freedom from hunger
and starvation could not be achieved. It is then that the peoples
struggle for right to livelihood was initiated. And in the year 2005, the
National Rural Employment Guarantee Act was enacted.
Along with it demands were also raised by the peoples organizations
that when the court has granted the food security as a right then the
state should enact a law regarding the same so that a well organized
programme could be made
In 2009 Lok Sabha elections, the congress party in its manifesto
promised that it will ensure that families living below the poverty line
will be provided with the right to food security. However, this
provision of right was limited to very less number of people who were
at that point of time considered to be living below poverty line (At that
time only 29.7% families were considered to be poor)
It is then that the debate was initiated that why all should not be granted
this fundamental right because in our country the poverty line is quite
impractical, inhuman and disrespectful.
What Does the Law Contain?
In one way the food security law includes all the schemes that have been
initiated earlier. This law provides for nutrition and food security as a right as
per the life cycle :
Mid Day meals in schools All children attending public/government schools
or aided schools should be served hot cooked meal
Targeted Public Distribution System Through the fair price shops or the
ration shops eligible families (for Priority household and for those under
Antodaya category) will be provided with ration/food grains at low cost (5 kg
wheat per person in priority category and 35 kg wheat for entire household in
the Antodaya category per month)
Economic Resources
In India on PDS extra 27500 crores rupees will be required. (Now overall
1.05 lakhs crore rupees are being utilized)
Maternitybenefit programme will require 16000 crores rupees
For expanding and reforming other programmes an investment of 10000
crore rupees will be required
The critiques held that the government has no resources and funds to spend
on this programme; however in actual practice if we see, we will realize that
the government has resources and that is the reason that it is subsidizing
the corporate sector and is also foregoing revenue of 6 lakhs crores on other
purposes. A lot of money is being spend on various projects however when it
comes to people who are real human resources the government often makes
excuses without realizing the fact that people are the assets in terms of
development of the country
3. The Concept
Meaning of Food Security,
Right to Food and Nutritional Security
Food Security Food security implies that all citizens are entitled to
access to quantity, quality and variety of food which is culturally and
socially relevant at affordable prices to people to live a life with
dignity to provide for food and nutritional security in human life
cycle approach. The unit of food security could be the country, a state
or a village. Increased crop production implies plentiful availability yet
this does not guarantee that each household will have access to food;
till the time a person has access to resources to purchase food (like
livelihood or social security or protection under social welfare
measures). It is essential that along with the growth in agricultural
production there should be equitable and proper distribution system
being formulated
Right to Food
Right to food is a basic right of any individual. Cereal component
does not complete the food requirement of a body, what is required is
variety of products including pulses, vegetables, roots, eggs, milk,
edible oil, fruits, sugar or jaggery, beans besides cereals on daily basis. It is
important to fulfill all requirements relating to carbohydrates, protein,
fat, minerals, vitamins and other micro nutrients to achieve goals of
health. If a person does not get the variety of food his hunger may be
satiated yet his or her nutritional requirements will not be fulfilled.
Right to safe and clean drinking water, cleanliness and sanitation and
dignity are also part of right to food. It is the responsibility of the state
to ensure the right to food for all citizens because state is duty bound to
protect the rights by making appropriate policies and is empowered to
ensure that these policies are implemented. It is for this reason that the
government purchase food from farmers at the minimum support
value and make it available to common citizens at low cost through
public distribution system or through fair price shop. Generally, it is
not the poverty that restricts the right to food other factors like gender
discrimination, social status, hierarchy also violate citizens rights to
food.
Women and Childrens Right to Food
Equality and dignity are basic conditions to lead a fulfilling meaningful human
life. Nutritional security measures should not be constricted to merely inside
the four walls of the anganwadi centers rather efforts must be made to include
youth, adolescent girls and men in the programmes. For ensuring the rights of
the children and women coming to anganwadi we should focus on these five
points essentially:
1. Every pregnant woman should be given something to eat after short
intervals. It is better to provide cereals, pulses, fruits, coconut, peanuts, and
similar healthy options. This is essential component of the right to food
2. Immediately after birth, the newborn should be breast fed by the mother.
This is their right to food
3. A six month old child must be fed soft mashed pulses, khichdi and soft
mashed fruits besides breast milk. This is their right to food
4. A two years old child is entitled to full meal. This is his or her right to food.
5. When we say full or complete meal it implies that everyday a person should
get cereals, pulses, vegetables, locally available fruit, milk or milk product,
edible oil, jaggery or sugar in his or her food basket. If we as a country are
able to do this much we will be able to ensure nutritional security for citizens
of India.
Every citizen in the country should have access all time to food and
nutritional security in human life cycle approach, by ensuring access to
adequate quantity of quality food at affordable prices to people to live a life with
dignity. Every citizen must have access to variety of food which should fulfill
all nutritional requirements relating to carbohydrates, fats, proteins, vitamins,
minerals and other micro nutrients. These elements are available in different
kind of cereals, pulses, oil, milk, eggs, vegetables, and fruits, therefore these
must not only be made available but also situations should be created to that
these items are easily available to all. In the similar context, the availability of
clean drinking water is also essential.
Utilization of food implies that the food that is consumed should be easily
digested by the body. In case a person is not able to digest the food then the food
has no utility. That person could be affected by malnutrition. Hence, the health
of the person should be such that he or she should be able to digest the food.
Therefore, it is essential that everyone should have access to at least basic health
services, clean and safe drinking water, minimum cleanliness and hygiene.
4. Food Security and
Institutional Responsibilities
Food Security and Duties of State
In the current trend of human history at the national, international and
other levels, the role of state is generally visualized as that of a welfare state. In a
democratic system, it is the people who select representatives of the state
and therefore establish the state. The state is duty bound to take care of the
welfare of its citizens. The Constitution of India describes the roles and the
responsibilities of the state. The fundamental rights of citizens provided in
the Constitution constitute the basic premise of the society.
Duties of the State In our country, the duties of the state are defined and
determined by the provisions made in the Constitution.
Article 21 of the Indian Constitution provides for the Right to life with dig-
nity for every citizen. It includes right to food too.
Article 47 of the Constitution affirms that it is the duty of the State to raise
the level of nutrition and the standard of living and to improve public health.
From the Perspective of Supreme Court
The Supreme Court of India has held that the Article 21 of the Constitution is
broad enough to include the Right of food and right to food security and there-
fore food security must be considered as a fundamental right of the citizens.
In this context, a Public Interest Litigation (PIL) was filed before the
Supreme Court in April 2001 which elaborately deals with the right
to food and is still pending there. For over 13 years, in this matter, the
Supreme Court through its different orders and decisions held that food
security is a basic responsibility of both the central as well as the state
governments. The court has clarified that it will not tolerate any negligence, delay or
corruption in the matter relating to the right to food security. Through
its decisions the Court has ordered or formulated an effective forum for
monitoring and supervision of the implementation of this right and has
also directed to create a grievance redressal mechanism with the provi-
sion for penalty in case the stakeholders default in denying the right to food
security to the citizens of the country.
5. Other provisions
In this context, section 27.1 and 27.3 of the UNICEF Declaration on Child
Rights and Article 12 of the Convention on the Elimination of all Forms of
Discrimination Against Women (CEDAW) put the onus on the state to provide
for food security to women and children.
India is signatory to Universal Declaration of Human Rights, International
Declaration on Social, Economic and Cultural Rights, Declaration on Child
Rights as well as CEDAW
Now the Indian government is accountable at international level too
The day of 26th August 2013 hold special place in the history of India. The
Food Security Bill was passed on this day by the Lok Sabha. And after few
days it was passed by the Rajya Sabha too.
After the law was enacted, it provided security to 67% of the population in
the country. To make this law effective, 318 amendments were suggested.
For nine and a half hours, the debate continued on a particular day indicates
the reluctance of those in power to grant security to those at the receiving
end. Economic compulsions and lack of resources were highlighted as major
reasons to reject the enactment.
This day is also important because it has been proved that for 22 years Indian
economy has been corporatized and that the loot of economic resources has
not benefitted the country in any way rather even on this day we have been
struggling to fight against hunger and starvation. The trickledown theory as
proposed by various economists as well as the state has failed to yield any
results at ground level.
As per the new law, the state governments have to work under the central
government as their major role is to implement the provisions of law at the
ground level. The right to take decisions at policy and institutional level
remains with the central government. 250 out of 359 members voted in
favour of the limiting the powers of the state governments. In Rajya Sabha the
opposition was more powerful yet it only registered a strategic resistance
against the provisions of the law. In case if it truly wish, it could have played an
important role in shaping the law.
More amendments are required in the law to make it more strong and
strategies may be developed at the ground level to implement this law
effectively and efficiently, yet it could not be dismissed. This law is an outcome
of long struggle carried out by the common people, therefore to dismiss it as a
perfunctory initiative taken to gain political advantage is not correct.
Food security is a legal right and not a constitutional right. It implies that
politically it could be taken away at any point of time.
one category which believes that after a long time, people have been
granted the right to food and this could play a significant role in eradicating
hunger. Second category of people considers that this law is a crucial step yet the
provisions of this Act are weak to fight against root cause of hunger and food
insecurity. This implies that the law does not truly address the issues relating
to real concerns of farmers, plundering of natural resources, critical analysis
of factors leading to widening inequalities in the society among others. This
group of people also holds that the concept of the food security dealt in the law
has failed to address the issue of nutritional security.
The third category of people argues that government is wasting public money
of Rs 1.25 crores in concessions and subsidies for vested political interest. They
stated that with this step the process of economic reforms and growth under
which state is rolling back on all welfare measures will be adversely affected. They
are not willing to see that if the issues relating to prevalent malnutrition and food
insecurity are not addressed the so called economic growth will become
meaningless and futile.
It is irrelevant to state that the money spend on implementation of law will not
have any constructive benefit. To distribute the food, the state has to purchase
the same from the farmers. Therefore, the farmers will gain 80 thousand crores
per year which they will receive as a minimum support price. We need to
understand many such realities like this. At present, whatever minimum
support price a farmer receives, is less that the cost incurred and therefore they
could not earn respectable income.
Thousands of organizations and peoples groups since the year 2009 have
protested and campaigned for this law. More than 50 protests were held,
dialogue was held with Members of Parliaments several times and the
parliamentary committee made on this law received more than 1.5 lakhs of
letters and suggestions where it was reaffirmed and reiterated that the right to
nutritious food is a indivisible part of the right to life with dignity and that this
right should be granted to each and every citizen in the country. Those who do
not wish to claim their entitlement could go to the market to get the food of his
or her choice. Thus the discrepancies of choice available remain. In all states
within India, at par, 67 percent population will be considered as poor.
Fortification of the food is an issue that has been overlooked in the debate.
However, it is through this process that chemicals are mixed in the food meant
for children and this could adversely affect the situation of malnutrition.
The Basis of the Food Security Act
The preamble of the Act states that An Act to provide for food and nutrition-
al security in human life cycle approach,by ensuring access to adequate quantity
of quality food at affordable pricesto people to live a life with dignity and for
matters connected therewith orincidental thereto.
For children aged 6-14 years, one free mid-day meal shall be provided every
day (except on school holidays) in all schools run by local bodies, government
and government aided schools, up to Class VIII. This will behot cooked fresh
meal consisting of 450 calories, 12 grams proteins for children in class I to V
and 700 calories and 20 grams proteins for children in class VI to VIII.
Every school is to have facilities for cooking meals, drinking water and
sanitation.
Standards
Social Audit will be conducted to monitor if the children are getting the meals in
the prescribed quantity and quality. It must be ensured that the children should
receive the food in the manner prescribed by the state.
Central Government
1. The central government will buy food grains from the farmers at the
minimum support price. These grains procured will be made available to
the states to distribute through the Public Distribution System. In every
state these grains will be delivered at the identified godowns/storehouses
2. The Central Government will provide assistance to States in meeting the
expenditure incurred by them on transportation of food grains within the
State, its handling and Fair Price Shop dealers margin as per norms to be
devised for this purpose.
3. Will establish and maintain the latest modern and scientific storage at
various levels
State Government
1. Every state government will implement and monitor the implementation
of different Food Security schemes as per the guidelines issued through
different ministries and departments
2. Will arrange to pick up the food grains from godowns/warehouses to the
fair price shops and beneficiaries
3. In case due to any reason, if the beneficiary is not receiving food grains
or meals then the state government will provide for food security
allowance
4. The state government will ensure that PDS is effectively working and for
the purpose will create suitable arrangements for storage at various levels
within the state. It will also develop capacity of the different
stakeholders involved in the process and will also issue licence to the fair
price shop dealers.
Local Bodies
The provisions of this Act shall not preclude the Central Government or the State
Government from continuing or formulating other food based welfare schemes.
The State Government may, continue with or formulate food or nutrition based
plans or schemes providing for benefits higher than the benefits provided under
this Act, from its own resources.
The Central and the State governments will take steps on regular
basis to improve the performance of the system.
1. The food grains will be transferred from the storehouse to the fair price
shop and to introduce the concept of transparency computerization will be
done for the end to end delivery
2. Aadhar card system has been leveraged for unique identification, with
biometric information of entitled beneficiaries for proper targeting of
benefits under this Act.
3. The Act provides for preference to public institutions or public bodies such
as Panchayats, self help groups, co-operatives, in licensing of fair price shops
and management of fair price shops by women or their collectives
4. The Act also provides for support to local public distribution models and
grains banks.
5. New schemes have been introduced like cash transfer, food coupons, or
other schemes, to the targeted beneficiaries in order to ensure their food
grain entitlements.
Some important Aspects of
the National Food Security Act
The major points of this law are:
1. The National Food Security Act was enacted on 10th September 2013. It
extends to the entire country.
2. As per the provisions of this law food security is a legal right now.
3. It provides for the right to food security to 75% of the rural population and up
to 50% of the urban population.
4. Through this law the fine trap of poverty line has been almost shattered.
Earlier, the effort was made to address only those sections through this law
who fall in the BPL category. If this has been done then only 22% population
would have received the benefits under this Act. However, now after the law
has been passed, 67 percent population is entitled to obtain the benefits of
food security law. The law states that the children less than six years of age are
entitled to claim meals from anaganwadi. And those between 6 to 14 years age
group and are studying in the government or aided schools are entitled to
enjoy Mid day meals and claim their right to food
5. Provision for food security allowance to entitled beneficiaries in case of
non-supply of entitled foodgrains or meals has been made where allowance
will be made available by the state government.
6. The Central government will allocate the food grains
7. The Act provides for preference to public institutions or public bodies such as
Panchayats, self help groups, co-operatives, in licensing of fair price shops and
management of fair price shops by women or their collectives
8. Priority households are entitled to 5 kgs of foodgrains per person per month,
and Antyodaya households to 35 kgs per household per month.
9. To make fundamental institutional changes in the PDS efforts have been made
to bring transparency through coumputerization and peoples involvement.
10. As per the law, eldest woman of the household of age 18 years or above to be
the head of the hou sehold for the purpose of issuing of ration cards.
11. Provisions have been made for disclosure of records relating to PDS, social
audits and setting up of Vigilance Committees in order to ensure
transparency and accountability.
12. Grievance redressal mechanism at the District and State levels. States will
have the flexibility to use the existing machinery or set up separate
mechanism.
13. The Act provides for creation of State Food Commissions which will be
empowered to impose penalty and take actions against the erring public of
ficials.
14. Till now under the PDS provisions were made to supply rice and wheat,
however, with the enactment of new law, now millets or coarse wheat will
also be made available.
15. The scope of Act also has been expanded to include hot cooked fresh
nutritious meal through the Aanganwadis and under the Mid Day meal
Scheme
16. Maternity Benefits have also been brought under the scope of the law
17. Eligible beneficiaries of this scheme are categorized as those who are
priority one and Antodaya households
18. Identification of priority beneficiaries need to be done within 365 days of
Act coming into force. Section 1 subsection 3 of the Act says that the Act
shall have deemed to come into force since 5th day of July 2013
19. The provision of providing meals under the Integrated Child Development
Scheme (ICDS) is legally recognized and in a way implies that receiving
nutritious meal is a right of children.
20. The law provides for revitalization of agriculture though this has been
mentioned in Schedule 3 of the Act rather than in the main Act
21. The rights of adolescent girls to nutrition, health and education has also
not been mentioned under the main legal provisions rather these are given
in the Schedule List
Now, the National Food Security Act, 2013 has been operationalized.
This law provide for food and nutritional security in human life cycle
approach, by ensuring access to adequate quantity of quality food at
affordable prices to people to live a life with dignity and for matters
connected therewith or incidental thereto.
This law is important to us from two different angles.
1. Along with the reform of the Public Distribution System, the law also
ensures providing mid day meal, maternity benefits, besides providing
quality meals under the Integrated Child Development Scheme (ICDS)
2. The National Food Security Act, 2013 also provides for conducting
social audits of the PDS and other welfare schemes besides setting up
vigilance committees at state, district, block and fair price shop levels
to supervise all schemes under the Act.
In the context of social audit, this law
highlights two significant aspects:
1. social audit means the process in which people collectively monitor
and evaluate the planning and implementation of a programme or scheme.
(See Chapter 1, Section 1 subsection 20)
2. Every local authority, or any other authority or body, as may be
authorised by the State Government, shall conduct or cause to be
conducted, periodic social audits on the functioning of fair price shops, Targeted
Public Distribution System and other welfare schemes, and cause to publicise its
findings and take necessary action, in such manner as may be prescribed by the
State Government. (Chapter XI, Section 28 (1)) It further says that the Central
Government may, if it considers necessary, conduct or cause to be conducted
social audit through independent agencies having experience in conduct of
such audits.
When these two points are read together it may be concluded that meal
programmes run and managed through anganwadi, the work related to
identification of malnourished children, and schemes related to maternity
benefits all are subjected to social audit.
This will be done by local bodies. Now we need to see and ensure that the
eligible women and children should receive their legal entitlement.
Vigilance Committee
The National Food Security Act, 2013 provides that the vigilance committees
should be set up at four different levels State, District, Block and at the level
of Fair Price Shop (Almost at the Panchayat level)
It will also include representatives from dalit community, tribal
community, women, differently abled and
marginalized, those who are beneficiaries
under the law.
Whether the situation changes on the ground with the implementation of this
law or not that can only be decided by the people. Social audit encourages
community participation and benefits disadvantaged groups. It promotes
collective decision making and sharing responsibilities and makes state
accountable to people. Social audit helps us to grasp the true impact of changes
while focusing on ground realities. We can make out if in an anganwadi efforts
were made to provide services in an equitable manner or not. One can know
the feedback of beneficiaries immediately, and if caste, sex, religion or other
grounds are impeding the operation of the programme at the ground level.
Creating Institutional Changes
through Social Audit
Social audit could prove to be a very useful tool provided that the
beneficiaries decide that they will monitor every scheme and programme,
will question everything happening aroundthem, will collect information
on relevant issues, and will utilize the law to ultimately change the process
of governance. To conduct social audit we need to develop a comprehensive
understanding about the law and the scheme besides we also need to create
a group of trained people who will participate actively and contribute fully
while conducting the social audit at the level of gram sabha/ward sabha.
And once malpractices or corruption is found during the process, we need
to fight and struggle against this system of mismanagement.
Social audit can be used to evaluate and validate prevailing values and beliefs.
It is commonly said that nothing is happening on the ground or that nobody
is getting any relief or that everything is going as per the plan and that no
problems exist without any proof, data or justification. However, now these
beliefs can be evaluated.
National Food Security Act and Relevance of
Social Audit of Schemes Under It
2. The social audit worker (who is nominated by the gram sabha) will create
awareness among households, families and communities about the
provisions of this law and the grievance redressal mechanism created under
the Act. The social audit worker will not only inform rather s/he will explain
in detail about the provisions of law
5. Certified valid information, its analysis and dialogue on the same The in
formation collected must be analysed and the outcomes must be shared with
community/rightholders, households. The information must be explained in
details. This process must also include representative of the organizations and
officers responsible or involved in implementing the law/programme/scheme.
In the scheme of social audit, all those involved in or are responsible for
implementing the scheme must be given an opportunity to explain their side
of the story, their issues, problems etc.
Documents
In order to conduct social audit of a particular scheme or programme, the
relevant documents or certified copies pertaining to that scheme must be made
available at least 15 days in advance to the group or the community for which
social audit is to be conducted. For example:
Similarly, what are the facilities available at the anganwadi center for children?
Is the place to cook food clean and hygienic? Is the facility of drinking water,
sanitation and toilets avaiable at the anganwadi center? Are the children get-
ting quality food which is healthy and nutritious? Is it regularly served? It is
essential to check the quality of food available for the mid day meal, facility
for children to sit, facilities to cook such food, ingredients used to cook food,
quality of raw items like spices, vegetables, cereals etc
Grievance Redressal Mechanism - It is essential to ensure that if people
are being informed that for redressal of their complaints and grievances under
the food security law a system is established and working at the state and the
district level. Experiences reveal that if complaints and grievances of people
are honestly and sincerely recorded and action is taken on the same then the
system would have changed and that there would be no scope for exploitation and
oppression. It is therefore important to see that the under the provisions
of law that establish the office of grievance redressal officer and vigilance
committee, each and every complaint is recorded, heard and dealt with. Each
complainant must get the receipt of complaint and the complaint must be
resolved adequately and properly within 30 days.
Exclusion - There are certain sections within the community which are
deprived of their rights due to various reasons. These people should be
provided their right to food security in a dignified manner and for this rea-
son it is essential to formulate standards and build in system which could
take care of such anomalies. For example the differently abled people should
not be left out of such process of implementing food security law. We need to
ensure that in an anganwadi center the differently abled children should
not be left out. There could be a possibility that these children affected by
disability of any form are not coming to anganwadi center, or even if they wish to
attend, their names is not registered, or even if their name is registered yet they
are not coming on regular basis and those implementing the programme have
neglected to see this fact. If this is happening then it means situation needs to
be rectified because it entails exclusion.
Similarly, an elderly person or a seriously ill person could not make it to fair
price shop to demand his or her rights and nobody else may bother to ensure
that such person should receive his or her part of food under the provision of
law. The object of this law is to ensure constitutional rights of each and every
deprived and marginalized person should be protected and if such instances
continue to exclude people on the basis of inequality and discrimination then
it may be interpreted that the law has failed to serve its purpose. This law was
enacted with the purpose to protect the rights of deprived and marginalized
sections of the community.
Departmental Coordination
Under the National Food Security Act, ration system, anganwadi programme,
Mid day Meal Scheme, maternity benefits and agriculture department all are
interconnected and inter-related. Therefore this law cannot be operationalized
or managed by any one department. In such situation it is essential to ensure
that coordination must be established between all concerned departments and
accountability of each one is well defined.
Agriculture Department
Onus is placed to improve the situation of agriculture to ensure food security