The Right to Food in India Presentation for CSE April 2007 Office of the Commissioners to the Supreme Court (Writ 196/ 2001)

India’s Annual Growth Rate Year GDP Per capita income 1951-79 3.6 1.3 1980-91 5.6 3.5 1992-06 6.5 4.7

Worrying issues News of starvation deaths & farmers’ suicides from many states Stagnant agricultural production, and falling food availability Unemployment has increased from 4 to 8% in ten years Regional disparities are increasing IMR stagnating around 60 per 1000, it is 46 in Bangladesh Immunisation coverage fell from 60 to 40% in 5 yrs 50% women are anemic 47% children are malnourished Declining child sex ratio during 1991-2001 There is no will to improve administration in poor states

News of starvation deaths & farmers’ suicides from many states

Stagnant agricultural production, and falling food availability

Unemployment has increased from 4 to 8% in ten years

Regional disparities are increasing

IMR stagnating around 60 per 1000, it is 46 in Bangladesh

Immunisation coverage fell from 60 to 40% in 5 yrs

50% women are anemic

47% children are malnourished

Declining child sex ratio during 1991-2001

There is no will to improve administration in poor states

Index number of Agricultural Production Index annual rate of growth 1981-82 100 4.4% 1990-91 148 2.8% 1996-97 176 0.2% 2004-05 179

Index annual rate of growth

1981-82 100

4.4%

1990-91 148

2.8%

1996-97 176

0.2%

2004-05 179

% of W ork F orce dependent on A griculture

Percentage below poverty line 1973 56 39 1994 35 1999 26 ? 2004 28 Poverty

Percentage below poverty line

1973 56

39

1994 35

1999 26 ?

2004 28

28.9 100.0 34.2 100.0 All households 23.2 69.1 28.3 68.1 Others 38.4 20.4 45.7 21.1 Scheduled castes 48.0 10.5 48.8 10.8 Scheduled tribes BPL Total Rural Population BPL Total Rural Population Percentage Share in Percentage Share in 1999-2000 1993-94 Social groups

There should be no food insecurity in India Both GDP and foodgrain production have risen faster than the growth in population over the last 50 years And yet significant number of people hungry every day. A recent survey by PAC showed that 10 to 14% people are without meals for many days at a stretch in Jharkhand.

Both GDP and foodgrain production have risen faster than the growth in population over the last 50 years

And yet significant number of people hungry every day. A recent survey by PAC showed that 10 to 14% people are without meals for many days at a stretch in Jharkhand.

Offtake of foodgrains (in mT) 1 10.31 12.46 4.7 0 Subsidised exports 0.25 9.66 5.66 5.6 0.06 Open market sale 7.4 10.6 13.5 11.38 8.86 2.08 Other welfare schemes 31.4 29.4 24.2 20.09 13.84 16.98 TPDS & AAY 23,500 29,000 27000 24000 17612 7900 Food Subsidy in crore Rs 2005-06 2004-05 2003-04 2002-03 2001-02 1997-98

Planning Commission’s evaluation of TPDS 58 per cent of subsidized food grains does not reach the BPL families, 22% reaches APL and 36% sold in black High cost of handling, for one rupee transfer to the poor, the Gol spends Rs.3.65 Targeting errors, ghost cards and non-BPL households Only 57% of the BPL households have ration cards FPSs are not viable, they remain in business through leakages Homeless often do not have ration cards

58 per cent of subsidized food grains does not reach the BPL families, 22% reaches APL and 36% sold in black

High cost of handling, for one rupee transfer to the poor, the Gol spends Rs.3.65

Targeting errors, ghost cards and non-BPL households

Only 57% of the BPL households have ration cards

FPSs are not viable, they remain in business through leakages

Homeless often do not have ration cards

Source: Report of Committee on Long Term Grain Policy, 2002

Source: Report of Committee on Long Term Grain Policy, 2002

Brimming Granaries and Rotting Grain…

ICDS – Supreme Court Orders Have a disbursement centre in every settlement. We direct the State Govts./ UTs to implement the ICDS in full and to ensure that every ICDS disbursing centre in the country shall provide as under - Each child up to 6 years of age to get 300 calories and 8-10 grams of protein; Each adolescent girl to get 500 calories and 20-25 grams of protein; Each pregnant woman and each nursing mother to get 500 calories & 20-25 grams of protein; Each malnourished child to get 600 calories and 16-20 grams of protein.

Have a disbursement centre in every settlement.

We direct the State Govts./ UTs to implement the ICDS in full and to ensure that every ICDS disbursing centre in the country shall provide as under - Each child up to 6 years of age to get 300 calories and 8-10 grams of protein; Each adolescent girl to get 500 calories and 20-25 grams of protein; Each pregnant woman and each nursing mother to get 500 calories & 20-25 grams of protein; Each malnourished child to get 600 calories and 16-20 grams of protein.

Reality At present for around 14 lakh habitations, there are only 7lakh reporting Anganwadi centers. Against a population of over 15 crore children in the age group 6 months to 6 years (of which roughly 7 crores are malnourished), only 3.4 crore children are registered for supplementary nutrition. The number actually getting the benefit of feeding may be far less. Adolescent girls are nowhere in the picture Jharkhand surrendered 30 crores in March 2004

At present for around 14 lakh habitations, there are only 7lakh reporting Anganwadi centers.

Against a population of over 15 crore children in the age group 6 months to 6 years (of which roughly 7 crores are malnourished), only 3.4 crore children are registered for supplementary nutrition.

The number actually getting the benefit of feeding may be far less.

Adolescent girls are nowhere in the picture

Jharkhand surrendered 30 crores in March 2004

Other issues Two-thirds of all centres are running in rented buildings, which are invariably in upper caste locality, thus favouring their children, to the neglect of lower caste children 40% vacancies at the supervisor level, though budget is from GOI Little attention to 6 months to 3 years, which is the most crucial period

Two-thirds of all centres are running in rented buildings, which are invariably in upper caste locality, thus favouring their children, to the neglect of lower caste children

40% vacancies at the supervisor level, though budget is from GOI

Little attention to 6 months to 3 years, which is the most crucial period

Increasing the number of ICDS centres Supreme Court Order for increase in numbers is dated 29/4/2004 Part of Common Minimum Programme June 2004 GOI Cabinet decided to increase the AWCs by 1.88 lakh on 29/12/04 Supreme Court gave a judgement on ICDS on Dec 13 th , 2007 ordering 14 lakh centres to be operational by December 2008. Two years have passed, and yet very few centres have come up!

Supreme Court Order for increase in numbers is dated 29/4/2004

Part of Common Minimum Programme June 2004

GOI Cabinet decided to increase the AWCs by 1.88 lakh on 29/12/04

Supreme Court gave a judgement on ICDS on Dec 13 th , 2007 ordering 14 lakh centres to be operational by December 2008.

Two years have passed, and yet very few centres have come up!

% of children receiving SNP

National Social Assistance Programmes NOAPS and NFBS transferred to the states Funds cut down to less than 50% of requirement State finance deptts do not release funds to districts Little monitoring by the states or GOI Payment is adhoc, uncertain, and subject to bribes NMBS fund utilisation is not even 1/3 rd of requirement Scale of pension (Rs 75 pm) revised to Rs 200, but no releases so far Numerical ceiling not revised sine 1996 Annapurna has been wound up in some states Schemes have suffered as there are no contractors!

NOAPS and NFBS transferred to the states

Funds cut down to less than 50% of requirement

State finance deptts do not release funds to districts

Little monitoring by the states or GOI

Payment is adhoc, uncertain, and subject to bribes

NMBS fund utilisation is not even 1/3 rd of requirement

Scale of pension (Rs 75 pm) revised to Rs 200, but no releases so far

Numerical ceiling not revised sine 1996

Annapurna has been wound up in some states

Schemes have suffered as there are no contractors!

Annapurna (lakh tonnes) 1.39 1.67 2005-06 1.32 1.67 2004-05 1.09 1.23 2003-04 1.15 0.78 2002-03 0.93 1.62 2001-02 Offtake Allocation Year

Mid day meal scheme Fully Implemented – Gujarat, AP, Kerala, Pondicherry, Tamil Nadu, Karnataka, Lakhshdeep, Rajasthan, Chattisgarh Partially Implemented –, Delhi, Maharashtra, Orissa, Punjab, Goa, MP, Bihar, Jharkhand, West Bengal, UP, Haryana Not Implemented – Assam, Manipur Only 3 out of 51 schools surveyed in Bihar were running the scheme

Fully Implemented – Gujarat, AP, Kerala, Pondicherry, Tamil Nadu, Karnataka, Lakhshdeep, Rajasthan, Chattisgarh

Partially Implemented –, Delhi, Maharashtra, Orissa, Punjab, Goa, MP, Bihar, Jharkhand, West Bengal, UP, Haryana

Not Implemented – Assam, Manipur

Only 3 out of 51 schools surveyed in Bihar were running the scheme

A donor study of a poor state showed that sharing of bribe money is through a well defined percentage structure

Leakages – SGRY Orissa

The Right to Food Case PUCL petition on hunger in Rajasthan in the Supreme Court in 2001 Emergence of the Right to Food Campaign Key Issues: Making the Right to Food a Fundamental Right Converting all existing schemes into entitlements Tackling large scale malnutrition and chronic hunger Securing employment as a fundamental right linked to the Right to Food Longest mandamus on the Right to Food in the World 47 Interim Orders so far; more than 300 affidavits; nearly 50 Interim Applications

PUCL petition on hunger in Rajasthan in the Supreme Court in 2001

Emergence of the Right to Food Campaign

Key Issues:

Making the Right to Food a Fundamental Right

Converting all existing schemes into entitlements

Tackling large scale malnutrition and chronic hunger

Securing employment as a fundamental right linked to the Right to Food

Longest mandamus on the Right to Food in the World

47 Interim Orders so far; more than 300 affidavits; nearly 50 Interim Applications

Office of the Commissioners to the Supreme Court (Writ 196/ 2001) Appointed by the Supreme Court to monitor all food schemes in the Country Mandate extends to: Feeding Entitlement Programmes MDMS, ICDS Employment Programmes NREGS, SGRY I & II, NFFWP, RSVY Food Subsidy Programme TPDS, Antodaya Anna Yojana (AAY), Annapurna Yojana Social Security Programmes Pensions (NOAPS, NMBS, NFBS)

Appointed by the Supreme Court to monitor all food schemes in the Country

Mandate extends to:

Feeding Entitlement Programmes

MDMS, ICDS

Employment Programmes

NREGS, SGRY I & II, NFFWP, RSVY

Food Subsidy Programme

TPDS, Antodaya Anna Yojana (AAY), Annapurna Yojana

Social Security Programmes

Pensions (NOAPS, NMBS, NFBS)

How does the Office of the Commissioners function? Honorary positions; work supported by funds mandated by the Supreme Court Works through a secretariat (Delhi) and a network of Advisers across India Make policy recommendations through: Rigorous participatory research Articulating alternative demands of State policy Participating in policy bodies such as Planning Commission Steering Groups

Honorary positions; work supported by funds mandated by the Supreme Court

Works through a secretariat (Delhi) and a network of Advisers across India

Make policy recommendations through:

Rigorous participatory research

Articulating alternative demands of State policy

Participating in policy bodies such as Planning Commission Steering Groups

How does the Office of the Commissioners function? (cont’d.) Monitors programmes Through analysis of macro-data Addressing complaints at the micro-level Holds the State accountable by: Regular engagement with the GoI and State Governments Joint Commission of Enquiries Regular reports on non-compliance to the Supreme Court

Monitors programmes

Through analysis of macro-data

Addressing complaints at the micro-level

Holds the State accountable by:

Regular engagement with the GoI and State Governments

Joint Commission of Enquiries

Regular reports on non-compliance to the Supreme Court

Impact so far Universalisation of MDMS (12 crore children get school meals) and ICDS (GoI to increase at least 7 lakh ICDS Centres) Managed to restrict the lowering of BPL quotas by GoI from 36% to 26% Increase in off-take of food-grains through TPDS for BPL and Antodaya families Increased budgetary allocation for ICDS, NOAPS Sector Reforms in some States (PDS – Chhattisgarh, Maharashtra)

Universalisation of MDMS (12 crore children get school meals) and ICDS (GoI to increase at least 7 lakh ICDS Centres)

Managed to restrict the lowering of BPL quotas by GoI from 36% to 26%

Increase in off-take of food-grains through TPDS for BPL and Antodaya families

Increased budgetary allocation for ICDS, NOAPS

Sector Reforms in some States (PDS – Chhattisgarh, Maharashtra)

Impact so far (cont’d.) Provided Civil Society an anchor to engage/ confront the State and created spaces for civil society to engage in food/ employment programmes Brought the discourse on food rights to the centre-stage of governance in the States and GoI Has been largely effective in provision of gratuitous relief (WB tea gardens, Assam SGRY misappropriation of funds, Chhattisgarh - MDMS) Created the environment for the passage of the National Rural Employment Guarantee Act

Provided Civil Society an anchor to engage/ confront the State and created spaces for civil society to engage in food/ employment programmes

Brought the discourse on food rights to the centre-stage of governance in the States and GoI

Has been largely effective in provision of gratuitous relief (WB tea gardens, Assam SGRY misappropriation of funds, Chhattisgarh - MDMS)

Created the environment for the passage of the National Rural Employment Guarantee Act