Right to Food and Nutrition Chhattisgarh Model

Right to Food and Nutrition

Chhattisgarh Model

Presentation

D.S. MisraACS, Finance & Planning

Concern for food dates back to pre-history

For the cave man, it was a natural right

Food Security Food Security

Food : most basic need

Starting from the premise that “none of us is self-sufficient, but we all need many things”, Plato proceeds to list the most basic needs - food, shelter, clothing, and health

Abstract rights are meaningless without an implementation framework

“What is the use of discussing a man’s abstract right to food or medicine? The question is upon the method of procuring and administering them. ”

Need based approach

Consumption would not be conceived as a right, but as a need to be fulfilled: ‘to each according to his needs'

Plato(4th century BC)

Edmund Burke(18th century)

Marx(19th century)

From pre-history to historyPhilosophers on Right to Food

The right to food is an inclusive right; not simply a right to a minimum ration. It is a right to all nutritional elements that a person needs to live a healthy and active life, and to the means to access them.- The right to adequate food is realized when every man, woman and child,

alone or in community with others, has physical and economic access at all times to adequate food or means for its procurement.

Essential elements of the Right to Food:

Food must be available, accessible and adequate- Availability refers to production and / or availability in the market - Accessibility requires economic and physical access to food - Adequacy means that the food must satisfy dietary needs- Food entitlements should be legally enforceable

Key elements of Right to Food

The right to food is different from food security.

- While food security can be achieved in theory without the adoption of legal measures, the addition of legally enforceable rights makes the future of food security more secure

- The concept of food security itself is not a legal concept per se and does not impose obligations on stakeholders nor does it provide entitlements to them

- The right to food places legal obligations on States to overcome hunger and malnutrition and realize food security for all

- Food security is a pre-condition for the full enjoyment of the right to food

The link between the right to food and other human rights- Human rights are interdependent, indivisible and interrelated;

violating the right to food may impair the enjoyment of other human rights, such as the right to health, education or life, and vice versa

Food Security vs Right to Food

The human right to adequate food is recognized in a number of binding and non-binding international instruments.

- The Universal Declaration of Human Rights, 1948:

“Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, ...” (art. 25)

- The International Covenant on Economic, Social and Cultural Rights, 1966 :(160 States Parties)

“the fundamental right of everyone to be free from hunger” (art.11(2))

- Minimum core obligations - States have to ensure minimum essential level of the right to food, even in times of natural or other disasters. Even if the resources at its disposal are clearly inadequate, the Government must still introduce low-cost and targeted programmes to assist those most in need so that its limited resources are used efficiently and effectively.

The right to food in international law

contd…- Convention on the Elimination of All Forms of Discrimination

Against Women (186 States Parties)

The right of pregnant and lactating women to special protection with regard to adequate nutrition (article 12) and the right of rural women to equal access to land, water, credit .....social security and adequate living conditions (article 14)

- Convention on the Rights of the Child (193 States Parties)

The right to the highest attainable standard of health(article 25) and the right to an adequate standard of living which includes food and nutrition (article 27)

- United Nations Millennium Declaration, 2000

States committed themselves to halving the proportion of people suffering from hunger by 2015.

The right to food in international law

Right to Food under Indian Constitution

Article 21 (implicit provision) – Fundamental Right to life and personal liberty

“No person shall be deprived of his life or personal liberty except according to procedure established by law”

Article 47 (explicit provision) - Duty of the State to raise the level of nutrition and the standard of living and to improve public health;

"The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties”

Supreme Court and Right to Food : Right to life includes right to food

The Apex Court has recognized the right to food under the right to life stipulated in article 21 of the Indian Constitution, with reference also to the Directive Principle of State Policy concerning nutrition, contained in article 47

( Kishen Pattnayak & another v. State of Orissa, and People’s Union for Civil Liberties (PUCL) v. Union of India and others)

Right to Food under Indian Constitution

AVAILABILITY

SUSTAINABILITY

ACCESSIBILITY

Building blocks of Household Food & Nutrition Security

Produce more food

Streamline Procurement for PDS

Restructure and Revamp PDS

Expand Coverage through MKSY

Restructure Supplementary Nutrition Programme & MDM

Health security: Universal Health Insurance sch.

Nutrition Security

150 days’ Employment Guarantee

Right to Skill Development Act, 2013

Right to Food & Nutrition Act 2013

Steady March towards Right to Food

ADEQUACY

“Abstract right to food is meaningless without an implementation framework.”

-Edmund Burke

Steady March towards Right to Food

Adequacy of Food : Agriculture Growth Rate (10th and 11th plan) - Chhattisgarh vs All-India

Multiple Actions contribute to building household Food Security

%

Source: CSO (All-India) and DES(CG)

10th Plan 11th Plan 0

1

2

3

4

5

6

7

8

9

10

2.3

3.7

9.3

6.9

India


Massive Decentralised Procurement Exercise


2001-02 2003-04 2005-06 2008-09 2009-10 2010-11 2011-12 2012-130

10

20

30

40

50

60

70

80

19

2736

37

44

51

60

71Paddy Procurement (in lakh MT)

2001-02 2003-04 2005-06 2008-09 2009-10 2010-11 2011-12 2012-130

2,000

4,000

6,000

8,000

10,000

12,000

1,0281,520

2,090

4,2384,699

5,430

6,814

10,913Amount paid to farmers (Rs. Crore)

Cost to the State exchequer: 500 cr

Multiple Actions contribute to building household Food Security contd…


(Budgeted)

(Rs. crore)

Total bill : 2,900cr (1.7% of GSDP)

Cost of procurement : 500 cr

Food security bill : 2,400 cr

Multiple Actions contribute to building household Food Security contd…

2001-08 2008-09 2010-11 2011-12 2013-140

500

1000

1500

2000

2500

3000

515

945

884947

2400

₋ Accessibility : Strengthening of PDS Network; making it more Effective

₋ Affordability : 75% households covered under Rs. 2/kg scheme; more Inclusive

₋ Adequacy : 35 kg of food grains per household

₋ Sustainability : Reforms in Mid-Day meal, Supplementary Nutrition Programme, Right to Skill Upgradation Act, 2013

Multiple Actions contribute to building household Food Security contd…Multiple Actions contribute to building household Food Security contd…

Steady March towards Right to Food Chronology of Initiatives to Revamp the Public Distribution System

Accountability : De-privatization of Fair Price Shops and Allocation to non-private agencies, e.g., Panchayats, Co-operative societies, Women SHGs, JFMCs etc. 2005-06

Release of working capital assistance to FPS (Rs.42 cr.) and one month's credit facility to all FPS

2005-06

Door-step delivery of food grains to all FPS 2006

De-privatisation of Supplementary Nutrition Programme & involvement of the community in supply of hot cooked meals

2006

Upward revision of commission of FPS from Rs.8 to Rs.30 and to Rs.45/qtl 2006 & 2012

More Inclusive: Foodgrains for additional poor families under MKSY 2008

Transparency: Creation of Ration Card Database (public scrutiny of all records) & call centre for lodging complaints relating to PDS 2007-08

Use of Technology: End-to-end computerization of PDS operations (State bagged 6 National Awards, including National e-Governance Award

2008-12

Supreme Court declaring Chhattisgarh Model to be replicated across the country 2011

Consumer empowerment : Introduction of Core PDS 2012

Results: estimated diversion of PDS grain fell from 50% in 2004-05 to < 3% 2009-10.

and finally enactment and roll out of Right to Food Act : 18th Jan, 2013

Steady March towards Right to Food Chronology of Initiatives to Revamp the Public Distribution System

National Food Security Ordinance vs Chhattisgarh Food and Nutrition Security Act

National Food Security Act Chhattisgarh Food & Nutrition Security Act

Nature of Right Mere food grains security

Deviation from provision in Art. 47 w.r.t. ‘nutrition’

Comprehensive Food and Nutrition security

Art. 47 compliant

Coverage

Effective – 63.5%

75% rural and 50% urban population; state governments allowed to extend coverage out of their own resources

Nearly universal; Close to 90% coverage

75% covered under Rs.2/kg

Every person except - (a) income tax payees (b) large farmers > 4 hact irrigated & 8 hact un-irrigated land (c) households in urban areas with pucca house with carpet area > 1,000 sq. ft. and liable to pay property tax.

Comprehensive PDS Reforms No provision Already implemented; Robust PDS




Entitlements

25 kg per household5 kg food grains/person/ month for every person covered under the PDS35 Kg for Antyodaya households

Antyodaya households:35 kg food grain, 2 kg pulses, 2 kg iodised salt Priority households: 35 kg food grain, 2 kg pulses and 2 kg iodized salt (free)General households:15 kg food grain

Entitlements for Children

Daily mid-day meals in schools for children in the age group of 2 to 16 years “or the age at which they start school”. Since children enter government schools only at the age of 6 years, this excludes those in the age group of 2 to 6 years.

Provision for children in the age group of 6 months to 6 years- Children aged 6 months to 3 years: take home ration through

Anganwadis - Children aged 3 years to 6 years: Morning snack and hot

cooked meal - Children in Primary Classes: Hot cooked meal in school - Children aged 6 months to 6 years who are malnourished:

Take home ration through anganwadis - Children in hostels and ashrams: Subsidised grain at

prescribed prices

contd…




Benefit transfer Direct Benefit Transfer or Conditional Cash Transfer in lieu of food grain in future

Entitlement will remain in kind (food grain)

Consumer empowerment

Entitlement PortabilityNo provision

Right to choose FPS to lift entitlements

Provision for migrants to take ration during migration

Community Kitchens No entitlements on the ground that it is difficult to identify “eligible beneficiaries”

Free meals through “Annapurna Dal Bhat” centres or take home rations through panchayats

Emergency and Disasters No mention Meals, free of charge for up to 3 months,

through emergency relief operations

People living with hunger/in starvation conditions

No mention Free meals for up to 6 months

contd…


Demands of the Right to Food Campaign

National Food Security Act

Chhattisgarh Food & Nutrition Security Act

Public Distribution System – Coverage

Universal coverage Nearly two-third coverage Nearly universal close to 90% coverage

Public Distribution System – Entitlements

As per ICMR norms:Food grains: 50 kg / household/ month Oil: 800 gm/adult/month or 2.8 kg/household/ monthPulses: 1.5 kg/adult/month or 5.25 kg/ household/ month

25 kg of per household5 kg food grains/person/ month for every person covered under the PDS

No provision for pulse/oils

Food grains: 35 kg / household/ month

Pulses:2 kg/adult/month

Salt : 2 kg iodised salt (free)

Chhattisgarh National Food Security Act and Demands of Right to Food Campaign

Entitlements under the Chhattisgarh Act are close to Demands of the Right to Food Campaign.

Chhattisgarh National Food Security Act and Demands of Right to Food Campaign

- Studies in country after country have shown that in practice, subsidised food distribution improves nutrition more than an equivalent amount of cash-aid

- Even in Latin America, conditional cash transfers usually act as a complement, not a substitute, for public provision of health, education and other basic services

- Cash benefits can very quickly be eroded by inflation

- Solution lies in Restructuring and Strengthening the PDS, not its substitution by Direct Cash Transfer

PDS vs Direct Cash Transfer PDS vs Direct Cash Transfer

.....and the Outcomes

2005 2006 2007 2008 2009 2010 20110

10

20

30

40

50

60

70

80

90

100

58

44

63

48

IMR

Chhattisgarh

All-India

(Source:- SRS Bulletin, Registrar General, India)2001-03 2004-06 2007-09

100

150

200

250

300

350

400

450

500

301

254

212

379

335

269

Chhattisgarh

All-India

2001 201150

55

60

65

70

75

80

64.83

72.99

64.66

70.28

Chhattisgarh

Literacy

(Source:- SRS Bulletin, Registrar General, India)

(Source:- Census 2011, Registrar General, India)

MMR

All-India

NFHS-2 (1998-99) NFHS-3 (2005-06) Dept.Survey (2012)*10

20

30

40

50

60

70

42.740.4

53.247.8

41.23

Malnutrition: Children U5

Chhattisgarh

All-India



House hold asset creation : Census 2011 data

Car/Jeep/Van Scooter, Motor cycle, Moped

Telephone/Mobile phone Television0

5

10

15

20

25

30

35

1.35

10.82

3.79

21.5

2.3

15.6

30.7 31.32001 2011 Household %


Guarantees comprehensive Food and Nutrition security : Art. 47 compliant

Coverage: nearly universal; Close to 90% Comprehensive PDS Reforms: Already implemented;

Robust PDS

Right to Food backed by other human rights - Universal Health Insurance Scheme introduced : 2012- Right to Rural Employment (MGNREGA) expanded to guarantee 150 days of employment per household

- Maternity benefit for female MGNREGA job card holders- Right to Skill Development Act 2013

Why Chhattisgarh Model is replicable

Why Chhattisgarh Model is replicable

- 44 per cent of children U5 are underweight; 59 per cent have stunted growth

- Average daily net per capita availability of food grain is a dismal 436 grams per Indian, is less than what it was half a century ago; in 1955-58, it was 440 grams. In Pulses, it is half; around 35 grams compared to nearly 70 grams in 1955-58

- India ranks among the 15 hungriest countries in the world- Tax exemptions to the tune of Rs.1,35,000 crore to the wealthy annually in the Union Budget, whereas Universal PDS is to cost Rs.1,24,000 crore to the Central Exchequer? 2G spectrum

(17,65,000 cr) could have funded India’s food security programme for a decade- Gigantic pile up of grain stocks: 66 million tons, more than double the required buffer

- Stocks in excess of government’s storage capacity results in significant wastage; estimated preventable post-harvest losses of food grains being about 20 million tons per year; equivalent to 10 percent of total production

- The food grain requirements of the Act are around 61 million tonnes, while annual procurement is around 59 million tonnes. Evidence from the states which have universalised their PDS like Tamil Nadu, where the offtake is around 80 per cent or so

- Both GDP & food grain production have risen faster than the growth in population over the last 50 yrs

- Therefore, funding and availability of food grains is not a major constraint

Funding Food Security Funding Food Security

"Food is the moral right of all who are born into this world" - Norman Borlaug

All that is required is the political will to implement the right

The Philosophers have only interpreted the world, in various ways;

the point, however, is to change it - Karl Marx

and Chhattisgarh Right to Food and Nutrition Act 2013 has made history!

State initiatives towards women empowerment

− Allotment of government land shall be in the joint name of husband and wife

− One per cent concession in stamp duty for land registered in the name of women

− Women SHGs shall be given bank loan at 3 per cent interest

Cooperative Societies

39%Gram

Panchayat & ULBs

38%

Women SHGs21%

JFMCs1%

Cooperative SocietiesGram Panchayat & ULBsWomen SHGsJFMCs

Women SHGs97%

Gram Panchayat & ULB 3%

Women SHGs Gram Panchayat & ULB

Agencies involved in Supplementary Nutrition Programme (SNP)

Agencies running Fair Price Shops

Documents

Right to Food and Nutrition Chhattisgarh Model