IINTRODUCTION: The
Government of India has notified the National Food Security Act, 2013 on 10th
September, 2013 with the objective to 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. The
Bill seeks “to 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 and incidental thereto”. The
Act provides for coverage of up to 75% of the rural population and up to 50% of
the urban population for receiving subsidized food grains under Targeted Public
Distribution System (TPDS), thus covering about two-thirds of the population.
The eligible persons will be entitled to receive 5 Kgs of food grains per
person per month at subsidised prices of Rs. 3/2/1 per Kg for rice/wheat/coarse
grains. The existing Antyodaya Anna Yojana (AAY) households, which constitute
the poorest of the poor, will continue to receive 35 Kgs of food grains per
household per month. The Act also has a special focus on the nutritional
support to women and children. Besides meal to pregnant women and lactating
mothers during pregnancy and six months after the child birth, such women will
also be entitled to receive maternity benefit of not less than Rs. 6,000.
Children up to 14 years of age will be entitled to nutritious meals as per the
prescribed nutritional standards. In case of non-supply of entitled food grains
or meals, the beneficiaries will receive food security allowance.
Women Empowerment: Eldest woman of the household of age 18
years or above to be the head of the household for the purpose of issuing of
ration cards.
The Act also contains
provisions for setting up of grievance redressal mechanism at the District and
State levels. Separate provisions have also been made in the Act for ensuring
transparency and accountability. The National Food Security Act, 2013 (NFSA)
provides that every State Government shall, by notification, constitute a State
Food Commission for the purpose of monitoring and review of implementation of
the Act. It has been decided that in case a State decides to set up State Food
Commission on exclusive basis, Central Government will provide one time
financial assistance for non building assets for State Food Commission.
Accordingly a component viz., "Assistance to States/UTs for non-building
assets for State Food Commissions” has been included under the 12th Plan
Umbrella Scheme on "Strengthening of PDS & Capacity Building, Quality
Control, Consultancies & Research” of the Department. Under this component,
the assistance is available for non-building assets such as furniture, office
equipment, computers etc. These may include computers, air-conditioners,
photocopiers, Fax machines, telephones, EPABX system, tables, chairs, storage
units etc. Under the scheme, assistance is not provided for any construction
activity or any recurring expenses.
Historical Background:
“Umbrella” Orders
The Apex Court has issued a number of interim orders from
time to time for implementation of various welfare schemes.While most of the
interim orders concern specific schemes (e.g. ICDS or Public Distribution
System), some of them apply “across the board” to all the relevant schemes. We
shall refer to these orders as “umbrella orders”. Other important umbrella orders include the
following:
1. Responsibility for compliance: Chief Secretaries of the
concerned states “shall be held responsible” for any “persistent default in
compliance with orders”.
2. Accountability to Gram Sabhas: “The Gram Sabhas are
entitled to conduct a social audit into all Food/Employment schemes and to
report all instances of misuse of funds to the respective implementing
authorities, who shall on receipt of such complaints, investigate and take
appropriate action in accordance with law.”
3. Access to information: “The Gram Sabhas are empowered to
monitor the implementation of the various schemes and have access to relevant
information relating to, inter alia, selection of beneficiaries and the
disbursement of benefits.”
4. Dissemination of Court orders: 12 Chief Secretaries have
been directed “to translate and permanently display” the orders dated 28th
November, 2001 and 8th May, 2002 “on all the Gram Panchayats, school buildings
and fair price shops”. The Central Government is to give “wide publicity” to
these orders through All India Radio and Doordarshan.
5. Schemes not to be discontinued: “No scheme covered by the
orders made by this Court… shall be discontinued or restricted in any way
without the prior approval of this Court.”13
6. Full utilization of grain quotas: “We direct all the
State Governments to forthwith lift the entire allotment of food grains from
the Central Government under the various Schemes and disburse the same in
accordance with the Schemes.”14
7. Jurisdiction of High Courts in the Right to Food Case: It
is important to note here that since the Supreme Court passed these landmark
orders, a number of cases have been filed in various High Courts across the
country. These writ petitions were filed not only by right to food activists
and citizens concerned with the denial of entitlements to poor people in their
respective states, but also by vested interest groups (like contractors) who
were adversely affected by the Supreme Court orders. In some cases (notably in
Rajasthan and Delhi), the High Court’s refused to entertain these petitions
since the matter was sub-judicial in the Supreme Court. The Supreme Court then,
in a significant order dated 1st May 2006 in this case passed an order which
settled this issue of jurisdiction of the High Courts in this case. The Supreme
Court allowed High Courts to entertain petitions on the “right to food case”,
and directed that High Courts could entertain Writ Petitions on the right to
food and deal with them appropriately.
Salient Features of
the Food Security Act:
Coverage and entitlement under Targeted Public Distribution
System (TPDS): Up to 75% of the rural population and 50% of the urban
population will be covered under TPDS, with uniform entitlement of 5 kg per
person per month. However, since Antyodaya Anna Yojana (AAY) households
constitute poorest of the poor, and are presently entitled to 35 kg per
household per month, entitlement of existing AAY households will be protected
at 35 kg per household per month.
State-wise coverage: Corresponding to the all India coverage
of 75% and 50% in the rural and urban areas, State-wise coverage will be
determined by the Central Government. Planning Commission has determined the
State-wise coverage by using the NSS Household Consumption Survey data for
2011-12.
Subsidised prices under TPDS and their revision: Food grains
under TPDS will be made available at subsidised prices of Rs. 3/2/1 per kg for
rice, wheat and coarse grains for a period of three years from the date of
commencement of the Act. Thereafter prices will be suitably linked to Minimum
Support Price (MSP).
In case, any State’s allocation under the Act is lower than
their current allocation, it will be protected up to the level of average off
take under normal TPDS during last three years, at prices to be determined by
the Central Government. Existing prices for APL households i.e. Rs. 6.10 per kg
for wheat and Rs 8.30 per kg for rice has been determined as issue prices for
the additional allocation to protect the average off take during last three
years.
Identification of Households: Within the coverage under TPDS
determined for each State, the work of identification of eligible households is
to be done by States/UTs.
Nutritional Support to women and children: Pregnant women
and lactating mothers and children in the age group of 6 months to 14 years
will be entitled to meals as per prescribed nutritional norms under Integrated
Child Development Services (ICDS) and Mid-Day Meal (MDM) schemes. Higher
nutritional norms have been prescribed for malnourished children up to 6 years
of age.
Maternity Benefit: Pregnant women and lactating mothers will
also be entitled to receive maternity benefit of not less than Rs. 6,000.
Grievance Redressal Mechanism: Grievance redressal mechanism
at the District and State levels. States will have the flexibility to use the
existing machinery or set up separate mechanism.
Cost of intra-State transportation & handling of food
grains and FPS Dealers' margin: 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 FPS dealers’ margin as per norms to
be devised for this purpose.
Transparency and Accountability: 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.
Food Security Allowance: Provision for food security
allowance to entitled beneficiaries in case of non-supply of entitled food
grains or meals.
Penalty: Provision for penalty on public servant or
authority, to be imposed by the State Food Commission, in case of failure to
comply with the relief recommended by the District Grievance Redressal Officer.
SUPREME COURT ORDERS
2013 ON THE RIGHT TO FOOD
1. “The Gram Sabhas are entitled to conduct a social audit
into all Food/Employment schemes and to report all instances of misuse of funds
to the respective implementing authorities, who shall on receipt of such
complaints, investigate and take appropriate action in accordance with law.”
2. “On a complaint being made to the… CEO/Collector
regarding non compliance of the orders of this Court the Concerned
CEO/Collector shall record the salient features of the complaint in a register
maintained for this purpose, acknowledge receipt of the complaint and forthwith
secure compliance with this Court's order.”
3. “The CEO/Collector of all the Districts in the States and
territories shall scrutinize the action taken by all the implementing agencies
within their jurisdiction to ensure compliance with this court's orders and
report to the Chief Secretary.”
4. “The responsibility for implementation of the order of
this Court shall be that of the CEO/Collector. The Chief Secretary will ensure
compliance with the order of this Court.”
5. “Dr. N.C. Saxena, former Planning Secretary, Government
of India, and Mr. S.R. Shankaran, former Secretary, Rural Development,
Government of India, shall function as Commissioner's of this Court for the
purpose of looking into any grievance that my persist after the above-mentioned
grievance resolution procedure has been exhausted.”
6. “On the Commissioner's recommending a course of action to
ensure compliance with this Court's order, the State Government/ UT
administrations, shall forthwith act upon such recommendation and report
compliance.”
7. “The Commissioner's shall be at liberty to take the
assistance of individuals and reliable organizations in the State and Union
Territories. All officials are directed to fully cooperate with such
persons/organizations, to bring about effective monitoring and implementation
of the order of this Court.”
8. “The Gram Sabhas are empowered to monitor the
implementation of the various schemes and have access to relevant information
relating to, inter alia, selection of beneficiaries and the disbursement of
benefits. The Gram Sabhas can raise their grievances in the manner set out
above and the redressal of the grievances shall be done accordingly.”
If the above mentioned scheme is implemented in letter and
spirit, it will prove a mile stone in the history of India. For implementation
of the scheme besides co-operation of administrative machinery and public
participation at the grass root level is highly required to wipe out the food
problem specially, the persons living below poverty line. If the Food Security
Problem is solved, the down trodden persons will be able to lead a dignified
life. It will also be helpful to fulfil the dreams of Constitution makers i.e.
the State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may a social order in which justice, social,
economic and political, shall inform all the institutions of the national life.
Author
Dr. Hari Mohan Mittal,
Professor - School of Law
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