1. Right to Food and Nutrition Chhattisgarh Model Presentation D.S. Misra ACS, Finance & Planning

2. Concern for food dates back to pre-history For the cave man, it was a natural right Food Security

3. 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 history Philosophers on Right to Food

4.  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

5.  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

6.  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

7. 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) land - 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

8. 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

9. 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

10. 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) Multiple Actions contribute to building household Food Security

11. Massive Decentralised Procurement Exercise Multiple Actions contribute to building household Food Security Cost to the State exchequer: 500 cr Multiple Actions contribute to building household Food Security contd…

12. Multiple Actions contribute to building household Food Security (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…

13. ₋ 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…

14. 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.De-privatization2005-06 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 FPS2006 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/qtl2006 & 2012 More Inclusive : Foodgrains for additional poor families under MKSY2008 Transparency: Creation of Ration Card Database (public scrutiny of all records) & call centre for lodging complaints relating to PDS2007-08 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 country2011 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

15. 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 provisionAlready implemented; Robust PDS National Food Security Ordinance vs Chhattisgarh Food and Nutrition Security Act

16. National Food Security Ordinance vs Chhattisgarh Food and Nutrition Security Act National Food Security Act Chhattisgarh Food & Nutrition Security Act Entitlements 25 kg per household 5 kg food grains/person/ month for every person covered under the PDS 35 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… National Food Security Ordinance vs Chhattisgarh Food and Nutrition Security Act

17. National Food Security Ordinance vs Chhattisgarh Food and Nutrition Security Act National Food Security ActChhattisgarh Food & Nutrition Security Act 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 Portability No 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 mentionFree meals for up to 6 months contd… National Food Security Ordinance vs Chhattisgarh Food and Nutrition Security Act

18. Demands of the Right to Food Campaign National Food Security Act Chhattisgarh Food & Nutrition Security Act Public Distribution System – Coverage Universal coverageNearly 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/ month Pulses: 1.5 kg/adult/month or 5.25 kg/ household/ month 25 kg of per household 5 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

19. -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

20. .....and the Outcomes IMR Chhattisgarh All-India (Source:- SRS Bulletin, Registrar General, India) Chhattisgarh All-India Chhattisgarh Literacy (Source:- SRS Bulletin, Registrar General, India) (Source:- Census 2011, Registrar General, India) MMR All-India Malnutrition: Children U5 Chhattisgarh All-India.....and the Outcomes

21. House hold asset creation : Census 2011 data Household %.....and the Outcomes

22.  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

23. -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

24. "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

25. 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!

26. State initiatives towards women empowerment −Allotment of government land shall be in the joint name of husband and wifeAllotment 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 womenOne 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 interestWomen SHGs shall be given bank loan at 3 per cent interest

27. Agencies involved in Supplementary Nutrition Programme (SNP) Agencies running Fair Price Shops