24th July, 2008Right to Food1 RIGHT TO FOOD Fr. James Mascarenhas,S.J.

24th July, 2008 Right to Food 1

RIGHT TO FOODRIGHT TO FOOD

Fr. James Mascarenhas ,S.J.

24th July, 2008 Right to FoodRight to Food - Fr. James Mascarenhas s.j.- Fr. James Mascarenhas s.j.

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Some Startling FactsSome Startling Facts

India is a very fast developing country, true

But the gap between the rich and the poor is increasing enormously.


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Majority of people – 60% - those producing food have been left out of India’s fast development.

While National Growth = 9% ?? Agricultural Growth has been only

3.5 %.


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The Government claims that only 26% people are below the poverty line

The actual fat is that MANY MORE people are below the poverty line.

Per capita income in the cities is Rs. 17.00 per day

Per capita in rural areas is Rs. 12.00 per day

This is not Poverty but starvation line.


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Very Recently the UNO has said 63% children of India go to bed hungry without food!!!


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Many of our Children in our rural boardings come from this strata….. they get rather thin when they go to their home in the May vacation.


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In 2001, we had 66 million tonnes of buffer stocks in our godowns. If you stack one sack over the other, you could go to the moon and come back.

Remember 2001 was a severe drought year.


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Today India is exporting a lot of rice and wheat, while many people in the country do not have enough to eat.


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Some Startling Facts. . . .Some Startling Facts. . . .

We have been informed recently by our newspapers that Ten Lakh tonnes of damaged foodgrains have got damaged in our FCI godowns during the past decade.


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Summary:Summary:

Briefly, the situation in India can be termed as hunger amidst plenty.


Do we have a Right Do we have a Right to Food?to Food?


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Right to Food – Legal Right to Food – Legal FoundationsFoundations

There is a very strong foundation for our Right to Food

1. The International Covenants

2. Constitution and Laws of several countries

3. Constitution and Supreme Court Judgements


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Right to Food – Legal Right to Food – Legal FoundationsFoundationsThe International Covenants on Economic

and Social RightsArticle 11.2 recognizes the fundamental

right of each individual to be free from hunger and malnutrition

Article 11.1 recognizes the right to an adequate level of life regarding food, clothing and lodging.


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Right to Food – Legal Right to Food – Legal FoundationsFoundationsBy ratifying these legal instruments they

are now accepted in India as Rights by the courts.

And so, India has the obligation to respect, protect and fulfill these rights. (= to facilitate and as a last resort to provide for the progressive realization of these rights)


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Right to Food – Legal Right to Food – Legal FoundationsFoundations The Right to Food is also recognized in the

Constitutions of many countries like the U.S., U.K., Switzerland, several European and Communists countries.

In south Africa the Right to Food is not only enshrined in the Constitution, but the statutory South African Human Rights Commission is mandated to monitor the implementation of this Right.

In Switzerland the Right to minimum conditions of sustenance of even those without citizenship or visitors permits is recognized.


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Right to Food – Legal Right to Food – Legal FoundationsFoundationsIn the Indian Constitution we have the

Right to Life which has been interpreted by the Supreme Court as the Right to live with human dignity.

Life is biologically impossible without food and regular nutrition, hence

The Right to Food is recognized as a Fundament Right by implication.


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Right to Food – Legal Right to Food – Legal FoundationsFoundationsJudicial Intervention has strengthened the

realization of this Right to Food.The most significant judicial intervention

was in the Civil writ petition, PUCL v/s Union of India and states, No. 196 of 2001

Where the basic Right to Food was emphatically affirmed.


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What is the Right to Food?What is the Right to Food?

The Right to Food starts with the understanding that,

a. The starting point and focus of the Right to Food is the individual and the next higher unit is the household

b. Individuals are seeing themselves as capable of providing their own food needs given an enabling environment to exercise their agency and freedom.


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c. To enable this the State has the duty to 1. To respect

2. To protect

3. To fulfill the Right to Food entitlements of individuals


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Briefly, the Right to Food implies Access to

1. Sufficient

2. Safe

3. Nutritious Food that meets their dietary needs and food preferences for an active and healthy life. Access to Food also (primarily) implies access

to productive resources.


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Right to FoodRight to Food

But far from fulfilling the Right to Food of individuals, the State often militates actively against the access to these Rights by

1. Displacement – depriving them of what they had since ages, the means to secure livelihood and food.

2. By Land Alienation3. By Failure to implement Land Reforms4. By Promoting mechanisms of Agriculture and Labour

displacing technologies5. Illegalizing the criminalizing migration to cities and self

help efforts of migrants to secure their own shelter and livelhood.


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Failure of the StateFailure of the State

The State thus fails in its duty to protect the Right to Food, we must in the first place fight to protect the citizens Right to Food and Life, because what the Right to Food really calls us to is an element of urgency and a demand for radical change.


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Failure of the StateFailure of the State

Since the State has failed even in the fulfillment of the Right to Food of citizens by not implementing basic food schemes meant for the poorest, the Supreme Court as an emergency measure has forced the Government through various orders to fulfill the Rights of people.


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The PUCL Writ PetitionThe PUCL Writ Petition

What was shown by the Supreme Court by PUCL was that India has masses of foodgrains more than it can store and even exports subsidized food which is mostly fed to cattle overseas, while millions of its citizens remain chronically hungry.


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The problem is not of absolute food shortage, but of distribution and poor governance.

It is hunger on one side and government on the other, who fails to prevent hunger although it has the means to do so.


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PUCL demanded that the Right to Food should be recognized as the legal right of every person in the country.

Their basic argument was that the Right to Food logically follows from the Right to Life.


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The Government of India informed the Supreme Court that they are providing food to people, they have nine important food schemes by which they reach food to the poorest.


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The Schemes under the The Schemes under the Right to FoodRight to Food These nine schemes are: 1. Ration (PDS) - BPL2. Antodaya3. Annapurna4. ICDS5. Midday Meal6. Jannani Suraksha Yojna and Maternity Benefit

Scheme7. Family Benefit Scheme8. Pension Scheme9. Employment Guarantee Scheme


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PUCL CasePUCL Case

PUCL proved to the court that these schemes are very poorly implemented.


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Supreme Court – Interim Supreme Court – Interim OrdersOrders

Hence, after a proper study of the same the Supreme Court passed a number of interim orders.

Some of these orders are really historic ones, they touch the lives of millions of people living in desperate poverty and hunger.


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Right to FoodRight to Food

Remember, these Food Schemes are clinically managed targeted programmes as a last resort to hunger and nutrition.

These are not a cure for problems of food and livelihood insecurities.

Right to Food should not reduce people to becoming passive recipients of state benevolents but to transform them to become active agents to pursue and enjoy legal human rights in a dignified way in a just and equitable environment which the state is bound to create.


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Supreme Court – Interim Supreme Court – Interim OrdersOrders The Supreme Court recognizing this

basic right through a series of 55 interim orders has held,

1. Both the Union and State Government accountable for securing food securities for vulnerable populations

2. Established monitoring mechanisms among those existent and introduced independent ones.


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Who is Accountable?Who is Accountable?

All in India are responsible, since the Supreme Court has passed these orders. Every one has a duty to comply in whatever way he or she can comply.

Especially accountable are the 1. The Chief Secretary of the State2. The Collector and the CEO of the District3. The Commissioners of the Supreme Court4. The Advisors of the Commissioners in each

State and District 5. The Gram Sabha


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Redressal MechanismsRedressal Mechanisms

What are the weapons in our hands to implement these orders?

1. Actual orders of the Supreme Court2. Directions of the Commissioners of the

Supreme Court3. The G.R.s of the State and Union

Governments. 4. Laws passed by the Centre and State,

like the Food Order or Citizen’s Charter


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Redressal Mechanisms . . . Redressal Mechanisms . . .

5. Redressal Mechanisms given by the Supreme Court and the State

6. Complaints that can be made to the CEO, Collector, Chief Secretary

7. Bodies like the RKS (Ration Kruti Samiti) for guidance8. Justice and Peace Commission of the CBCI, New

Delhi9. Contacts with the Commissioners Office, Advisors

Office and District Representatives There is no doubt that We as the Church could

play a powerful role in enabling our people to get their Right to Food.


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Schemes - Public Distribution Schemes - Public Distribution SystemSystem Five Categories of Cards

1. White

2. Red

3. Yellow

4. Antodaya

5. Annapurna Only the Yellow, Antodaya and the Annapurna

card holders have a right to this scheme


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Yellow and Antodaya Card Yellow and Antodaya Card HoldersHoldersThey should get 35 kilos of grain every

month at a fixed rate of Rs. 5 a kilo for wheat and Rs. 6 a kilo for rice.

They are also entitled for two litres of kerosene per head, with a maximum of 15 litres per card holder.


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Antodaya SchemeAntodaya Scheme

This scheme is meant for the poorest of the poor and so rice is sold to them at Rs. 3 a kilo and wheat at Rs. 2 a kilo.

These also are entitled to 35 kilos of grain per month.


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Annapurna SchemeAnnapurna Scheme

This Scheme is chiefly meant for the destitute or those who have no support, they are given 10 kilos of grain every month free.


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Categories eligible for Antodaya Categories eligible for Antodaya Cards (Supreme Court)Cards (Supreme Court)1. Aged, infirm, disabled and destitute men, women,

pregnant and lactating women, destitute women2. Widows and other single women with no other regular

support3. Old persons, aged 60 and above with no regular

support and no assured means of sustenance4. Households with a disabled adult and no assured

means of sustenance5. Households where due to old age lack a physical or

mental fitness, social customs, need to care for a disabled or other reasons, no adult member is available to engage in gainful employment outside the house

6. Primitive Tribes


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Other Rules regarding RationOther Rules regarding Ration

1. Must be lifted by the shopkeeper in the first week of the month

2. Shops should be open everyday, only one weekly off day permitted.

3. Ration can be taken in installments

4. If not taken by the end of the month, it can be taken in the first week of the following month


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Other Rules regarding RationOther Rules regarding Ration

5. Receipts must be given.

6. Can take as much as one needs

7. The ration shop owner should display important information outside his shop

8. Ration Vigilance Committee under the Presidency of the Sarpanch should meet once every month.

9. A Complaint book should be maintained


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Getting Your RightsGetting Your Rights

Rights are not given. Know Your Rights, Take Your RightsInsist on Your Rights – Gandhigiri!AmbedkarComplaint BookComplain to the TehsildarComplain to the Collector (Lok Shahi Din)Supreme Court, Commissioner etc.


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Interim OrdersInterim Orders

The Supreme Court has also passed orders regarding the cancellation of shops when they do not comply to norms (page 58)


Integrated Child Integrated Child Development SchemeDevelopment Scheme

1. Supplementary Nutrition according to age

2. Pre-School education3. Growth Monitoring4. Health Services

The 19 crore children under 6 yrs of age should get the above services

Anganwadi on demand in slums and tribal settlements.


Midday MealsMidday Meals


National Pension National Pension SchemeScheme

Above 65 Years without support

BPL Card Holders


Jannani Suraksha Yojana Jannani Suraksha Yojana and Maternity Benefit and Maternity Benefit

SchemeScheme


Family Benefit SchemeFamily Benefit Scheme


Employment Guarantee Employment Guarantee SchemeScheme


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How to prepare New Ration How to prepare New Ration CardsCards New Ration Cards are not being given easily, but it is

import to keep putting pressure on the Tehsildar to issue the same.

The Procedure1. Cancel the previous card and get a Certificate OR2. Make an Affidavit that you do not have any card3. In the villages the enquiry is done by the Talathi4. You also have to produce a proof of residence, for

those below 16 years have to produce their birth certificates


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Problems connected with the Problems connected with the PDSPDS

1. Many do not have their BPL cards

2. Many rich people have Antodaya Cards

3. Lot of corruption among Ration shop owners / dealers

4. Corruption among officials


Comments and Comments and Questions!Questions!

Thank You


Contact: Fr. James Contact: Fr. James MascarenhasMascarenhas

Mobile:09422485455 Email:

[email protected]@gmail.c

om

24th July, 2008Right to Food1 RIGHT TO FOOD Fr. James Mascarenhas,S.J.

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Transcript of 24th July, 2008Right to Food1 RIGHT TO FOOD Fr. James Mascarenhas,S.J.