CHAPTER IV

SCHEMES SUPPORTING RIGHT TO FOOD IN ASSAM

1 Introduction

According to American sociological jurist Lester Ward, the Government should

adopt social policies with an aim to create equality of opportunity. He

advocated the philosophy that all individuals should get the opportunity to lead

a worthwhile life. The Government should adopt deliberate schemes to ensure

equality amongst the lower section of the society.1 The policies adopted by

the Government should ensure that the marginalised groups of people have

an opportunity to lead a dignified life. Policies should therefore be adopted

which promote the realization of the right to food, as a life of starvation cannot

be a dignified life. It also further calls for adoption of direct intervention

programme for the starving groups.

The philosophy of Karl Marx and Frederick Engels supports the adoption of

schemes which decried the existing inequalities of income thereby creating a

society of unlimited equalisation of opportunities.2 As the deprivation of the

right to food is due to the lack of purchasing power amongst a section of the

society, the concept of a social order where men and women can fulfill their

individual needs shall create a legal system which enforces the right to food.

Scottish philosopher William Sorley is of the view that the Government policy

should promote a highly egalitarian form of society.3 When the policies of the

Nation State create an egalitarian society, the food self sufficient Nation

States are required to create entitlements that distribute the food produced in

the country amongst the people on an egalitarian basis and thus promote the

realization of the right to food of the people.

Edger Bodenheimer adds that the foremost task of the Government is to

adopt policies which promote freedom of the people.4 The freedom from

hunger is one of the most elementary freedoms; therefore the Government

policy according to the philosophy of Bodenheimer should ensure that people

are free from hunger.

The jurisprudence of justice as laid by different jurists are the guiding lights for

the policy makers entrusted with the responsibility to create a just legal order

to recognise the right to food of the people.

During the ancient period the poor household had to tackle the challenges of

food insecurity through the extended family and the community based

mechanism of social protection. The change in the family and social structure

has eroded this traditional system.5 In the pre-independence period the

Government introduced various schemes to fight against hunger and

starvation. However, these schemes were usually localised and benefited a

very limited number of people.

The post independence period saw a little concern of the Government to

prevent the starvation amongst the people. When the Government failed to

realize the right to food of the people, the judiciary became the court for the

poor and the struggling masses of this country. They took upon themselves

the need of doing justice to the large masses of the people to whom justice

has been denied by a cruel heartless society for generations. The Supreme

Court through a series of orders implemented various schemes in order to

bring a change in the lives of the malnourished and starving population.6 In

absence of appropriate legislation to intervene mass hunger and malnutrition

in India, the Court operationalised various schemes which were introduced as

pilot projects or regional schemes.7

2 Mid-day Meal Scheme

The Mid Day lunch in school was introduced in France in 1885 by Victor Higo.

Since then several countries like United States of America (1946), Switzerland

(1946), Australia (1950), Singapore (1975), Thailand (1970), and Korea

(1973) have adopted the school lunch programme.8

Mid-Day Meal Scheme in schools was introduced in India as far back as in

1925. This scheme was introduced for the benefit of the disadvantaged

children of Madras Municipal Corporation. After independence the Mid-Day

Meal Scheme was re-introduced on a bigger scale by the then Chief Minister,

Mr. K. Kamraj in 1960. The legendary Chief Minister Mr. M.G. Ramachandram

in 1982 extended the scheme to all the primary schools of Tamil Nadu. This

dramatically increased the attendance of students and teachers in the

schools. The Government machinery was fully mobilised for proper

implementation of the scheme. The public vigilance of the Mid-Day Meal

Scheme ensured protection from corruption. Thus, the scheme became a

grand success in the state. This resulted in reduction of classroom hunger

and improved their concentration level. By mid-eighties three more states

introduced the Mid-Day Meal Scheme with its own resources. The states of

Gujarat, Kerala and the Union Territory of Pondicherry had universalised the

program. The scheme was also partially introduced in Madhya Pradesh and

Orissa. In these states the mid-day meal was provided to the school going

children of the tribal belt.9 The principle objective of the scheme is to increase

the attendance of the children and the improvement in their nutritional

status.10

2 (i) National Programme of Nutritional Support to Primary

Education

To ensure that meals provided in the school prevent starvation, hidden hunger

and malnutrition, a National Programme of Nutritional Support to Primary

Education was launched as a centrally sponsored scheme on 15th August

1995. The nutritional content of the mid-day meal was revised in the year

2004 and again revised in 2006.

The revised scheme of 2006 provided for a central assistance at the rate of

one rupee eighty paisa (Rs.1.80) per child per school day for the State

Government of the northeastern states. The other states were provided with a

central assistance at the rate of one rupee fifty paisa (Rs.1.50) per child per

school day with a contribution of fifty (50) paisa from the State Government.

The revised scheme of 2006 provided a central assistance of Rupees sixty

thousand (Rs.60,000.00) per unit for construction of kitchen cum store. It also

permitted the state to take assistance of other programs if required for

construction of kitchen shed. Central assistance of Rupees five thousand

(Rs.5, 000) per school was granted for buying of cooking utensils and other

cooking devices. An adequate provision was made for monitoring and

evaluation of the programme at the state and central level. The scheme

provided that one point eight percent (1.8%) of the total assistance shall be

spent for monitoring and evaluation of the programme at the state level while

two percent 2% of the total assistance shall be spent for monitoring by the

centre. The revised scheme of 2006 places the overall responsibility of

providing a nutritious meal on the State Government. It calls upon the state to

make norms of expenditure under the different components of the scheme.

However, total state contribution shall not be below the prescribed

contribution required to be made by the state. The state is required to make

adequate provisions in its budget to meet the cooking cost, the infrastructure

development etc. The State Government is required to lay down safety

specification for construction of kitchen cum store.11 The nutritional content of

the meal was enhanced in the year 2006. A tabular representation of the

increase in the nutritional value of the mid day meal can be found in Table 1.12

The scheme calls for uninterrupted supply of food grains from the warehouse

of the FCI to the school. To overcome the shortcoming of the scheme adopted

in 2004, the scheme of 2006 formed a three (3) level monitoring committee. At

the national level a monitoring committee is set up to guide the implementing

agencies and monitor their actions. It requires mobilising public support and

partnership, ensuring supply of foodgrains in schools. At the national level the

general council and executive council of Sarva Siksha Abhiyan is also given

the power of monitoring. Every state under the scheme is required to

constitute a monitoring committee at the state, district and block level. The

state or the union territory is required to designate a nodal department who

will be responsible for implementation of the Mid-Day Meal Programme. The

department of school education and literacy is also required to be involved in

the implementation. In addition to it, a district nodal department is required to

be set up by the state to monitor the implementation of the scheme. At the

local level the gram panchayats and the urban local bodies like the

municipalities play a vital role. The mothers group and other self help groups

shall also look after the implementation of the scheme.13

2 (ii) Monitoring the Mid Day Meal Scheme

In addition to the inbuilt three tier structure in the National Programme of

Nutritional Support to Primary Education for monitoring, various agencies

have been continuously monitoring the implementation of the scheme.

The states have been very reluctant in its initial stage to implement the

scheme. After universalisation of the scheme, the states of Rajasthan and

Andhra Pradesh took interest and provided full coverage. However, the

commissioners to the Supreme Court found that most of the states lacked the

incentive even after the order of the Court. Initially the northeastern states

expressed their inability because of the high transportation cost of the food

grains from the godowns of the Food Corporation of India to the schools due

to difficult geographical terrain.14 Slowly the scheme enjoyed full coverage.15

However most of the schools just mechanically introduced the scheme. They

served the same menu day after day as a result the students lost interest in

the meals.16 The coverage of the Mid Day Meal Scheme as reviewed by the

Planning Commission reveal that the beneficiaries amongst the school going

children is much less then the figure supplied by the state of Assam to the

commissioners. It found that the children belonging to the upper primary

schools in Assam did not receive mid-day meal in 2007-2008. It further found

that three lakh thirty-seven thousand students were given mid-day meals for

fourteen (14) days in the whole year in 2008-2009. The meals were made

available to the upper primary schools in 2009-2010. In the primary schools

mid-day meals were given only for one hundred and thirty one (131) days in

2007-2008 and one hundred and twenty one (121) days in 2008-2009 instead

of the required two hundred and twenty (220) days. The Government of

Assam had approved two hundred and seventeen (217) days and two

hundred and six (206) days of meal per child in 2007-2008 and 2008-2009

respectively.17

The Supreme Court has been continuously monitoring the scheme through

the commissioners appointed by the court. The ninth report of the

commissioners is the last report submitted by the commissioners to the

Supreme Court which extensively discusses the implementation of the various

hunger intervention schemes.

On a report of supply of dry ration as mid-day meal which the children took

back home, the Supreme Court directed the Central Government to make

provisions for constructions of kitchen sheds in all schools.18 Despite the

various directions of the Supreme Court for construction of kitchen and

purchase of utensils, the schools still suffered from cooking and storage

facilities.19 In the state of Assam twenty seven point six percent (27.6%) of

schools had kitchen sheds and no data was available as to how many schools

had cooking utensils or drinking water.20

The Apex Court further directed the Central Government to make financial

allotment required for conversion of the food grains into hot cooked meals.

The court suggested for extension of the scheme upto the students of senior

primary standard.21 Government of Assam had allotted Rupees two (Rs.2.00)

as cooking cost per child per day as per the revised guidelines of 2006.

However, some states like Gujarat was providing Rupees four point one four

(Rs.4.14) per child per day as cooking cost and most of the states provided

much above Rupees two (Rs.2.00) per child per day.22

The funds granted for the meals of the children were being mis-appropriated

by the vested interest.23 There was a total mis-match between utilisation of

food grains and the utilisation of cooking costs in the state of Assam.24 Such

instances strongly indicate towards the mis-appropriation of funds.

The allocation of dry ration to the states by the centre had been reduced

despite an increase in the enrolment of students which required additional

allocation. Even the deficit quota of grains allotted was not completely lifted by

the states.25 There is a total lack of interest of the states in lifting of the food

grains supplied to the states for providing mid-day meals in schools. In the

year 2005-2006 only seventy six point eight percent (76.8%) of the allotted

grains were lifted by the State Governments. As the allocation are made to

the states on the estimate of enrolments and attendance of children in school,

the non-lifting of grains leads to an inadequate quantity and quality of meals

supplied in the schools. Thus, only sixty five point seven five percent (65.75%)

of enrolled children in India were covered under the scheme. As not all

students attend school daily, assuming that eighty percent (80%) of the

enrolled students attend school on a day, the take off quantity of grains could

cover only eighty two point two percent (82.2%) of the students attending

school on a day.26 Less then eighty percent (80%) of the grains allotted was

lifted by the states during 2007-2008 while most of the states had claimed

universal coverage. As allocation of grains was made on the basis of

enrolment and attendance, it gives an indication that either the coverage was

actually different from the figure furnished by the Government or the

nutritional quality and quantity of the meals were compromised.

The implementation of the scheme led to increase in the enrolment of

children. It also led to a better nutritional status of children.27 In certain states

like Kerala and Tamil Nadu progress was made in implementing of the

scheme. These states had also taken up additional safeguards for the

children. They had supplied supplementary health and nutrition service such

as deworming, regular health check up, vitamin supplements etc.28

In Assam there is a lack of physical infrastructure and manpower. Carrying

charges were found to be collected from the students in the districts of

Bongaigaon, Goalpara, Dhubri and Kokrajhar. Dry rations were sold to

purchase utensils, salt, pulses and mustard oil. Rations were also used to

make payment to the cooks. In Barpeta and Sonitpur districts fees were

collected from the students for mid day meal.29

The Government of Assam did not take any step towards appointment of

helpers. This led to the loss of teaching time in schools. The Government of

Assam did not make any contribution towards cooking cost for successful

implementation of the scheme.30

Whenever there is a loss of the teaching time of the school, the fundamental

right to education of the child is violated. The Mid Day Meal Scheme should

be implemented without compromising with the teaching time of the schools.

The Constitution of India imposes a fundamental duty on the parents to take

care of the child. Therefore the responsibility of providing the nutritious meal

can be placed upon the parents with the state in case of need, to facilitate the

parents to feed the child.31

The report of the Comptroller and Auditor General, 2006 revealed that a large

number of children were not receiving the mid-day meals. Many of the schools

that reported the serving of the mid-day meals was found on survey to be

reporting false, misappropriating and diverting the funds allotted for mid-day

meals.

2 (iii) Conclusion

The mid-day meal is one of the world’s biggest feeding programmes. It is

carried out in a huge magnitude and requires a robust and dynamic structure

for implementation. It requires dedicated implementing agencies. Most of the

State Governments lack interest and motivation in implementing the scheme.

The state of Assam has shown very little willingness to implement the

scheme. It has universally implemented the scheme. However, in reality the

coverage is much less then that is indicated in Government figures. There is a

clear indication that the quality and quantity of the meals are compromised.

The huge difference in percentage of lifting of food grains and the utilisation of

cooking cost give indication of corruption. Thus, there is a denial of the right to

food amongst the school going children. Though the mid-day meal does not

entirely cover the right to food amongst the school children however, if

properly implemented would have become an important component in

realization of right to food of the beneficiaries under the scheme.

The improper implementation of the Mid Day Meal Scheme in Assam leads to

the violation of the right to food of the school children. The number of feeding

days is nearly half of the entitlement. This is in addition to the dilution of the

entitlement due to non-lifting of foodgrains by the state. Such structural denial

by a state where the infant mortality rate and the child malnutrition is highest

leads to aggravation of the violation of the right to food of the children of six

(6) years to fourteen (14) years age groups. In addition to this structural

denial, the entitlement under the scheme is further diluted due to the rampant

corruption. Moreover, the figures forwarded by the State Government usually

do not reflect the actual state of affairs. There is a total lack of will of the

Central Government and the State Government to address the problems of

massive hunger and malnutrition amongst the children of school going age.

The budget allocation of the Government of Assam is the bare minimum

required under the scheme. Unlike other states no additional allocation is

made by the Government of Assam to address the problem of hunger.

Therefore, the right to food of the children of the school going age is being

constantly violated in Assam.

The guidelines under the schemes should also be revised to include fruits and

vegetables. Fruits and vegetables are important for a healthy body. In Assam,

fruits are available in the market at a very high price. The people living below

the poverty line are unable to afford fruits and hence it is not a component of

their diet. Therefore, if fruits and vegetables are supplied in the mid-day meal,

it will help fight hidden hunger amongst children going to school.

The Mid Day Meal Scheme in Assam also requires a lot of attention and time

of the teachers and the Head of the Institute. This definitely has an impact on

the quality of education of the students.

The Mid-Day Meal Scheme fails to address the hunger and starvation

amongst the most vulnerable group amongst children, the children who do not

attend school. Amongst the poorest of the poor there is a large section of

children who do not attend school, like the children living in the streets, the

children of migrant workers who have no fixed place of residence, etc.

The schools in India including the state of Assam are not friendly towards the

children with different forms of disabilities. These children are either educated

at home or they do not receive education at all. The Mid-Day Meal Scheme is

unable to address the hunger amongst the disabled children. Thus, there is a

denial of the right to food of a large number of children of the school going

age within and outside the school system.

Maintenance of hygiene is another area of concern in the implementation of

the scheme. There are incidents of children falling sick after having the meal

served in the school. There are reports of children falling ill after eating a meal

containing a dead lizard.32 The Judiciary passed an order to compensate one

hundred and twenty six (126) students who had fallen ill after having the mid

day meal in school.33

The Constitution of India cast a fundamental responsibility on the guardians to

take care of the education of their children. Therefore, if the food is cooked in

a community kitchen and distributed to the students through the mothers

group the teaching time of the teachers will not be disturbed and the right to

food of the school going section of the children can be realized.

3 Integrated Child Development Scheme

There is a high rate of malnourishment amongst the children between 0-6

years in India. One out of every three child in India is malnourished.34 In order

to protect such children from hunger the Integrated Child Development

Scheme (herein after referred as ICDS) was launched on 2nd October 1975 in

only thirty three (33) community development blocks in India. The area of

operation of the scheme was widened and universalised by the order of the

Supreme Court.35

3 (i) Object of the Scheme

Firstly, the scheme improves the nutritional health of children in the age group

of 0-6 years. Secondly, it provides conditions for pre school psychological and

social development and pre school education. Thirdly, it provides food

supplement to the pregnant women and lactating mothers. Fourthly, the

scheme improves the child care through health and nutrition education to

mothers. Fifthly, the scheme coordinates amongst the various departments to

improve child development.36 The above scheme was extended by the

Supreme Court to cover the adolescent girls.37

3 (ii) Entitlements under the Scheme

Under the scheme, food is supplied to the beneficiaries through Anganwadi

centres (herein after referred as AWCS). The norms of the Government of

India provide one centre per thousand populations. In tribal areas it provides

for one centre per seven hundred (700) populations.38

The court further directed that all SC/ST hamlets/populations in the country

should be provided with an AWCS. It prohibited the engaging of contractors

for supply of nutrition to AWCS. It encouraged the use of village communities,

self-help groups and mahila mandals for buying of grains and preparation of

meals. It directed that the meals should be provided in the centre itself as far

as possible. It prohibited the use of BPL as eligibility criteria for ICDS. Many

AWCS sanctioned by the Central Government were not in operation therefore

the court directed to make all the sanctioned ICDS centres operational. It

further directed the Government to purchase the required utensils and make

appointment to vacant posts in all operational AWCS to ensure uninterrupted

supply of meal to the beneficiaries.39 The Supreme Court again reiterated the

same direction wherein the Government was directed to sanction and

operationalise a minimum of fourteen (14) lakhs AWCS by December 2008

giving priority to SC and ST habitation.40 The Supreme Court cautioned the

Government against the revision of the population norm of one AWCS per

thousand (1000) populations. Further it directed for opening an AWCS in rural

communities and slum dwellers on demand.41

The scheme provides supplementary nutrition to its beneficiaries for three

hundred (300) days in a year. The nutritional and feeding norms were

reviewed by a task force constituted by the Central Government for the

purpose. On the basis of the recommendation of this task force the caloric

and feeding norms for supplementary nutrition in the ICDS scheme have been

revised. Under the revised scheme food is to be provided in the form of hot

cooked meal. Table 2 shows the increase in the entitlements under the

revised scheme.42

As the revised norms do not contain the nutritional norms to be provided to

the adolescent girls, the Supreme Court directed that the adolescent girls

would be covered as per the entitlements under the Nutritional Programme for

Adolescent Girls and the Kishori Shakti Yojana. The entitlement shall continue

till the scheme for the empowerment of adolescent girls called the Rajiv

Gandhi Scheme for the Empowerment of Adolescent Girls is implemented.43

The Nutrition Programme for Adolescent Girls adopted to address their under-

nutrition was launched by the Planning Commission in the year 2002-03. It

was introduced as a pilot project in fifty one (51) districts in the country. Under

this scheme six (6) kg of food grains were to be given to undernourished

adolescent girls, pregnant women and lactating mothers. The Kishori Shakti

Yojana seeks to be a holistic initiative for the development of adolescent girls.

It covers around six thousand one hundred and eighteen (6118) blocks in the

country. The target group under the scheme is adolescent girls between 11-

18 years. It is implemented through ICDS infrastructure. Under the schemes

the unmarried girls belonging to families living below poverty line and school

dropouts are selected and provided a learning training for six months. It

provides deworming intervention along with nutritional and health education to

the target group of adolescent girls.44

In Assam initially two hundred and nineteen (219) blocks had been sanctioned

for coverage under the Kishori Shakti Yojana. The Government of India

issued instruction for expansion of scheme to all the ICDS projects and

accordingly released funds in the end of 2006-07.45 The coverage of

adolescent girls in the 11-18 years age group is very limited. It covers around

two point four lakhs (2.4) adolescent girls while the census report of 2001

provides the total female population in the 11-18 years age group to be eight

hundred and forty four (844) lakhs. Therefore, the nationwide coverage is only

point three percent (0.3%) of adolescent girls.46

3 (iii) Monitoring the Integrated Child Development Scheme

The implementation of the ICDS is being constantly monitored by the

commissioners appointed by the Supreme Court. The ninth report of the

commissioners is the last report submitted on Integrated Child Development

Scheme. The commissioners in the third report to the court found that

provisions of the ICDS are not functioning well. There was no mechanism to

ensure that the services rendered under the scheme and the supplementary

food actually reached the needy people. As each centre covered only eighty

(80) children hence, the scheme is far from having a universal entitlement

even in habitation which is covered by a centre.47 The actual enrolment of

children under supplementary nutrition was much lower because only a few of

these AWCS centers had eighty (80) or more children enrolled as

beneficiaries.48 In the report submitted in September 2009 the commissioners

found that the coverage was less then forty six percent (46%) in the 0-6 years

age group population. Amongst pregnant and lactating mothers the coverage

was found to be thirty five percent (35%) only. The ICDS provided nutritional

support to only two point three (2.3) lakh adolescent girls. In regard to the

coverage of habitation the Central Government had sanctioned the required

fourteen (14) lakh Anganwadi centres.

In Assam there were twenty four lakhs seventy nine thousand five hundred

and eighty six (24, 79,586) children in the age group of six months to six years

who are the beneficiaries of ICDS projects. There were about five lakh

seventy five thousand four hundred and forty one (5, 75,441) pregnant and

lactating mothers who were beneficiaries of ICDS.49 Assam has

operationalised ninety four point four percent (94.4%) of the sanctioned

centres.50 As every centre caters to the needs of a thousand (1000)

populations therefore a large number of the people are denied coverage. This

denial of coverage does not include the population where there exist an

AWCS but does not enroll the eligible beneficiary due to the arbitrary fixation

of eighty (80) as an upper limit of enrolment.51

A major reason for improper implementation of the ICDS was that the financial

sanctions are not given on time. The funds allotted by the Government are

inadequate and even that amount is not utilised by states leading to the denial

of right to food of these vulnerable group. Each project covers around

hundred (100) Anganwadi centres, thus delay in operation results in exclusion

of large number of potential beneficiaries. Moreover delay in dispatch of

grains caused disruption in feeding.52

Poor utilisations of the funds allotted by the Government also lead to

entitlement failures. Only eighty eight percent (88%) of the funds were utilized

during 2007-2008 and fifty three percent (53%) in 2008-09.53 Moreover the

allocation made by the State Governments for nutrition had not increased

over the years.54

Furthermore in some centres, the BPL was being used as eligibility criteria

despite universalisation of the scheme by the Supreme Court.55

The beneficiaries in the 0-3 years who required special food were not taken

care of in most of the centres. The rations provided were inadequate for 0-3

years age group.56

There is a shortage of manpower at the project and field level resulting in

disruption of nutrition supply.57

A separate space was required to ensure that the centre is supplied with all

required equipment and infrastructure. The women also found it safe when

the Anganwadi centres operated in public space. 58

However, Assam was amongst the few states which had failed to make

financial allotment of the Rupees one (Rs.1) per beneficiary per day. It had

made an allotment of eighty (80) paisa per beneficiary per day.59

In a review programme by the State Plan Advisor and Planning Consultant, on

a visit to five AWCS found that the supply of nutritional diet to the

beneficiaries took place only for three months in the year 2009-2010.60

The flagship programme was not being properly implemented. The condition

of implementation was no better for 2009-2010 as only ninety (90) days of

feeding took place instead of the prescribed norm of three hundred (300) days

a year. Moreover the attendance at the AWCS was very low. The children

who were absent were marked present and some school children and non-

registered children were also present.61

The report of the Comptroller and Auditor General also indicated towards a

poor implementation of the ICDS in Assam. The reports reveal that the

supplementary nutrition was provided for forty five (45) to seventy five (75)

days each year during 2002-2007 while the prescribed norm is three hundred

(300) days.62 Moreover, it highlighted that though fifty four point thirty seven

(54.37) lakh children were eligible for coverage but only a fixed target of

twenty five point forty two (25.42) lakh were considered for coverage during

2002-07. The figures of the Social Welfare Department of Assam that twenty

five percent (25%) to sixty three percent (63%) children who were given

supplementary nutrition and weighed during the period of 2002-07 gained

normal nutritional status are fabricated. A feeding of forty five days to seventy

five (47-75) days is inadequate to make any impact on the nutritional status of

the child. A nutritional support of complete three hundred (300) days can only

bring about a change in the weight of a malnourished child.63

The Supreme Court has observed that the food supplied through the ICDS

should ensure to the zero infection norm.64

3 (iv) Conclusion

It is a national shame that about forty two percent (42%) of the Indian children

are underweight,65 indicating that there is a violation of the right to food of the

undernourished children. This clearly indicated the failure of the ICDS to

intervene hunger.

As the state of Assam has the fourth highest infant mortality rate with one

hundred and thirty two (132) infants dying everyday66 the failure of this

scheme in the state results in human rights violation of high magnitude. The

scheme and its implementation have failed to protect the right to food of the

most vulnerable section of the population of Assam.

The scheme also leads to some structural denial. The scheme fails to address

the food requirements of the destitute, sick and the old people who are often

compelled to sleep with empty stomach. They neither have money to buy food

nor are able to earn money to feed themselves. Therefore, this vulnerable

section of people is facing extreme hunger in absence of an adequate safety

net.67

The Integrated Child Development Scheme totally ignores the nutritional need

of adolescent girls. They are covered by other schemes implemented through

ICDS. But these are only a token project and have a very limited coverage.

Hence, ICDS should provide the nutritional support to adolescent girls as

directed by the Supreme Court.

The various reports of the commissioners on the failure of the states to

implement the scheme point towards the lack of will of the executive to realize

the right to food of the people. As the implementing and the monitoring

agency is the executive, the lack of interest on their part will run counter to the

interest of the beneficiaries under the scheme.

Therefore, the scheme exist more in pen and paper then in reality and its

contribution in realization of the right to food of the vulnerable section is

negligible.

4 Public Distribution System

The Public Distribution System (hereinafter referred as PDS) in India

originated during the World War II. The system was first introduced in Bombay

in 1936 and subsequently extended to all other cities and towns. With the end

of the war the British Government abolished the rationing system in 1943. On

attaining independence, India reintroduced the Public Distribution System in

1950 in the face of inflationary pressure on the economy as the world war

lead to a large increase in food price in global market. While India progressed

towards a planned economic development in 1951 it deliberately retained the

public distribution system as an important step towards socio economic

justice. The first five year plan extended the PDS to all the rural areas affected

by a chronic food shortage which till then was only confined to urban areas.

During this period there were two variations in the PDS namely the statutory

rationing area and the non statutory rationing area. In the statutory rationing

area the food grain availability was supposed to be only through the ration

shops. In the non-statutory rationing areas the ration shops only supplement

the open market availability. However, at the end of first five year plan the

system was losing its relevance as foodgrain became available in open

market. The second five year plan re-introduced the PDS system. It also

included other essential items like sugar, cooking coal and kerosene oil. By

the end of the second five year plan the PDS system became a social safety

net. With the creation of Food Corporation of India and Agricultural Prices

Commission in 1965 the PDS was strengthened.68

Major changes were introduced in the PDS in 1992. The PDS was altered to

revamped PDS. The revamped PDS involved targeting the drought prone

deserts, tribal, hilly and urban slums. It provided food grains to the identified

areas at fifty (50) paisa below the central issue price. The scale of issue was

up to twenty (20) kg per card.69

4 (i) Targeted Public Distribution System

The Targeted Public Distribution System (herein after referred as TPDS) was

introduced in 1997 by the Government of India for delivery of food grains to

the poor identified by the states as per the state wise poverty estimate of the

Planning Commission for 1993-94. The scheme provided thirty five (35) kg of

food grain to the BPL family per month at fifty percent (50%) of the economic

cost. The APL families were allotted ten (10) kg food grain per family at

economic cost. The scheme empowered the State Government for the fixation

of price in the state. As per the admission of the Government the PDS is

supplemental in nature and can only fulfill the fifty percent (50%) grain

requirement of an average BPL family. However, even if it is presumed that a

household has four members the scheme is highly inadequate to bring up the

nutritional status of a malnourished family.70

The Public Distribution System (Control) Order, 2001 provide for yearly review

of the BPL and Antyodaya list to delete the ineligible people and include the

eligible people.71 However, such review is not being held periodically.

According to Justice Wadhwa Committee Report submitted to the Supreme

Court the Committee suggests that Government identify families with income

of Rupees five thousand (Rs.5,000) per month or Rupees sixty thousand (Rs.

60,000) or less who will be allotted additional foodgrains at BPL rate. The

report suggested expeditious completion of identification process with the co-

ordination of gram sabha for rural areas and municipalities for urban areas.

The beneficiaries should include disabled persons, household of single

women, people suffering from deliberation illness, homeless destitute and the

elderly vulnerable to hunger.72

4 (ii) Monitoring the Scheme

The Supreme Court of India has played an important role in streamlining the

TPDS. It directed the Government to frame fresh scheme for scientific and

reasonable distribution of foodgrains and for proper identification of eligible

BPL families. It further directed that ration shops should remain open

throughout the month during fixed hours and the details should be displayed

in the notice board. It directed that no ration shop shall retain the ration card

or make false entries in the ration card. The court directed the ration shops to

allow BPL household to buy ration in installments and make publicity of the

entitlements.73 To ensure proper monitoring of the TPDS vigilance committee

required as per Public Distribution System Control Order 2001 was set up.74

The Committee was to be headed by a retired Supreme Court judge. This

committee had the task to scrutinize the mode of appointment of dealers, their

commissions and bring about transparency in the scheme.75

The prerequisite for the proper functioning of TPDS is the proper identification

of the BPL category. Identification of BPL household takes place every five

years. The commissioners found in many instances that people from the

slums who are poorest amongst the poor do not posses any card leading to

any entitlement under TPDS. This is the main cause leading to the failure of

TPDS. Any scheme based on BPL shall not be successful until Government

identifies the BPL category correctly. As per the evaluation of the Planning

Commission a person earning Rupees seventeen (Rs.17) per day in an urban

and Rupees eleven (Rs.11) per day in a rural area only qualify for the BPL list.

Thus, the criteria for qualification for BPL are improper and leave a large

number of people who are highly food insecured outside the ambit of the BPL

list. The sum of Rupees seventeen (Rs.17) does not enable a person to have

all the required meals in a day even if he uses all his earnings on food.

Moreover, the concerned people involved in issuance of the BPL often adopt

unfair means for inclusion of people under the BPL.76 The ceiling on the

number of families to be identified under the BPL category also leads to

exclusion of a large section of people living in poorer states.77 There is a

rampant corruption in preparation of the list. This leads to denial of rights of

the poorest of the poor who are unable to arrange money as bribe.78

The National Sample Survey in its sixty first report have shown that one fourth

of the poorest families do not have ration card while sixteen point eight

percent (16.8%) of the rich families posses BPL cards.79

Another factor contributing to the failure of TPDS is that substantial quantity of

foodgrains allotted to be distributed under the scheme is lost due to leakage.

The figures of leakage show that twenty percent (20%) of rice, and forty eight

percent (48%) of wheat is lost on account of corruption. The poor in rural

areas are not benefited under the scheme due to corruption.80

A disturbing fact is that the quality of grains supplied in the ration shop is often

of a very poor quality. The people are also not aware that they can ask for

replacement. At times the BPL cardholders are forced to buy twenty five (25)

kg of grain at the BPL price and five (5) kg at APL price. This creates an

inability amongst the poor section to lift the allotted grains under the BPL card.

Moreover, against every allotment of thirty five (35) kg per household the take

off level suggest that household can lift only eighteen (18) kg.81

This leads to the conclusion that even in absence of any leakage only one-

fifth of the requirement of a household can be fulfilled through the PDS.82

Sometimes the grains meant as entitlement of a particular month reach the

shops in the last week or even the last day of the month. This is a clear

violation of the Food Control Order 2001. In Assam during 2007-2008 there

was hundred percent (100%) take off of the allotted food grains. However the

entries made in the ration cards also do not always tally with the records

submitted by the shop keeper to the Government. In many instances ration

cards showing no entries for some months was shown as regular sale to the

card holders in the Government report. Around fifty seven percent (57%) of

the subsidized grains which is allotted to the beneficiaries under the TPDS

however do not reach them and about thirty six percent (36%) of the

foodgrains are lost due to leakage in the supply chain.83 This indicates that

the foodgrain entitlement of the cardholder has been diverted to the open

market depriving the card holder and causing starvation.

Moreover many BPL card holders are not given ration. They are turned away

by the shopkeeper. The instance of overcharging for food grains were found

by the commissioners. Such action of the shopkeepers makes the poor

unable to lift the allotted quota. Lack of physical infrastructure has also

resulted in poor performance of the TPDS. The godowns of FCI face shortage

of storage facility. The FCI storage godowns were found to be situated at far

distance leading to an increase in transportation cost. The inadequate

infrastructure extends to the number of ration shops also. The shops were

found to be located at a distance from the household. Moreover, these shops

are rarely open. Furthermore, in case of the old and women led household, it

enhances the household food insecurity. Inadequate supervision and

monitoring is another important factor for failure of the TPDS to provide the

desired contribution towards the realization of the right to food of the food

insecured groups. There seems to be collusion between the shopkeeper,

Inspector and FCI officials. Lack of monitoring is also because of an acute

shortage of staff in the FCI. Another factor for poor functioning of PDS is the

absence of specified redressal mechanism. There is no Government

designated Public Grievance Commissioner to listen to the grievance of the

people.84

Some states have identified more people in the BPL category then that

specified by the Planning Commission. As many as fifteen (15) states and two

(2) Union Territories have issued BPL cards beyond the quota sanctioned by

the Planning Commission. However, only four (4) states amongst them had

allotted their own resource contribution to enable food entitlements to the

additional card holders. The other twelve states (12) had actually diluted the

entitlements of the beneficiaries to accommodate the additional card

holders.85 Whenever there is a dilution of entitlements guaranteed under the

scheme, the vulnerable section of the people are exposed to starvation, and

there is a denial of their right to food.

In the state of Assam due to the additional allotment of BPL cards and non-

allotment of necessary funds for the same, the entitlement per household is

thirty three point six (33.6) kg per month.86 Thus, there is a clear violation of

the right to food of the people of Assam.

The number of ration cards issued under the various categories namely APL,

BPL and AAY is much more then the total number of households in the year

2000 based on which the PDS estimates were made. According to the

estimate there are eighteen point zero three (18.03) crore household while

ration cards were issued to twenty two point four six (22.46) crore households.

Around forty seven point five percent (47.5%) of the BPL cards issued are

bogus.87 This indicates that there are huge numbers of false households. The

bogus identification of household leads to drainage of Government revenue.

4 (iii) Conclusion

The main reason for the failure of the TPDS is the targeted delivery approach.

Without the proper identification of the food vulnerable groups, any scheme

based on targeted approach, cannot succeed to eliminate hunger.

Moreover the shop owners get a very low commission and therefore they

resort to corruption. The commission on the shop owners is required to be

revised.

Corruption is the first and foremost reason for the failure of the scheme. The

Government should take immediate step to eliminate corruption.

Last but not the least the reason for the failure of the scheme is the lack of

accountability of the public official.

5 Antyodaya Anna Yojana

Antyodaya Anna Yojana (herein after referred as AAY) was launched on 25th

December 2000 with the object to eliminate hunger from India in five years. It

reformed the PDS. The scheme targeted the five percent (5%) population of

India who do not have the purchase power even at subsidised rates provided

under the TPDS.

5 (i) Entitlements under the Scheme

The scheme provides thirty five (35) kg of foodgrains per family per month.

The food grains include wheat at Rupees two (Rs.2) per kg and rice at

Rupees three (Rs.3) per kg. The scheme addresses the food requirements of

around two point five (2.5) crore families or five (5) crore people who are the

poorest of the poor.88 The beneficiaries are identified by the State

Government. The guidelines provide for identification of Antyodaya Anna

Yojana (AAY) beneficiary amongst the landless agricultural labourers,

marginal farmers, rural artisans, craftsman including potters, tanners,

weavers, blacksmiths, carpenters, slum dwellers, daily labourers or informal

sectors, snake charmers, rag pickers, cobblers and destitute. It provides for

inclusion of households headed by widows, terminally ill, disabled or aged

person and all primitive tribal households. 89

5 (ii) Monitoring the Scheme

The Supreme Court has played a meaningful role in the implementation of the

scheme. The court specified the inclusion of destitute men and women,

pregnant and lactating women along with a list of other vulnerable groups to

be laid down by the Government in the AAY beneficiary list.90 In order to

ensure that the red card holders who are the beneficiaries of AAY are not

made to pay any amount to the dealers for service rendered, the court

directed the Government to make provision in the guidelines for commissions

to dealers.91

The guidelines laid down by the Government are not in accordance with the

orders of the Supreme Court dated 08-05-2003. As per the guidelines the

coverage of the beneficiaries is limited to the BPL list. This leads to the

exclusion of the poor households who do not find place in the BPL list.92

Another major drawback of the Government issued guidelines is that it failed

to include the food insecured and starving urban homeless people. The

Supreme Court had given direction for providing AAY card to this category of

people. However the Government limiting the beneficiaries to the BPL

category which is based on a house to house survey failed to consider the

urban homeless people thereby creating an exclusion of beneficiaries under

AAY.93 Thus, the AAY card has ceased to be a matter of right as was directed

by the court.94

Another improper method adopted by the Government in identification of AAY

beneficiaries is that a fixed quota of cards is distributed as per region amongst

the poorest of the poor BPL card holders. It is often found that food insecured

groups live in cluster in a particular area. Thus, when cards are distributed in

such areas only a few amongst the poorest of the poor can find place

amongst the beneficiaries. Moreover in areas inhabited by rich people the

distribution of the AAY cards again lead to creating entitlements amongst the

rich.95

Furthermore the denial of the rights of legitimate beneficiaries is increased

with the lack of interest on the part of the Government to enhance the

allotment of foodgrains with the expansion of beneficiaries. Moreover, no

commissions are received by the Fair Price Shops for rendering the service

under the AAY. This often leads to the dealers indulging in corruption. They

either compromise the quantity or charge an additional amount in the name of

transportation charge. This leads to a denial of the right amongst the

beneficiaries.96

In Assam there are around four lakh sixteen thousand two hundred and eighty

three (4, 16,283) number of families which are beneficiaries of the scheme.

The total beneficiaries come to seven point zero four (7.04) lakh people.

However, the rights of the beneficiaries are diluted to a large extent because

the list of the beneficiaries has not been updated and the bogus cards issued

in the earlier identification are allowed to continue.

There is also an abnormal diversion of foodgrains. There is a diversion of

almost twenty five percent to forty percent (25%-40%) of the foodgrains in

Assam. The fair price shops in Assam do not display the information which is

mandatory. Furthermore, in most of the places the vigilance committees as

directed by the Supreme Court were not set up or are in defunct condition.

The inspections of the fair price shops are rarely done in Assam. The denial

or violation of the right of the beneficiaries of the TPDS and AAY implemented

through the PDS system is a total failure because eighty four percent (84%) of

the BPL cards in Assam have been distributed to the rich.97

5 (iii) Conclusion

The scheme is implemented through the PDS and therefore suffers the

demerits of PDS. As the scheme creates entitlement for the BPL category

they suffer from exclusion errors. The scheme has failed to protect the right to

food amongst the poorest of the poor.

6. National Old Age Pension Scheme

The National Old Age Pension Scheme has been renamed as Indira Gandhi

National Old Age Pension Scheme. The scheme gives direct monitory

assistance to the beneficiaries to address their violation of the right to food.

6 (i) Entitlements under the Scheme

All old people including the old people of BPL families aged sixty five (65)

years or above males and sixty (60) years or above females are entitled to be

beneficiaries of the scheme. It entitles all poor aged persons belonging to

families falling under BPL category to a monthly pension of Rupees two

hundred (Rs.200) only. The pension is to be paid to the beneficiaries before

the seventh of each month. Under the scheme the centre makes a

contribution of Rupees two hundred (Rs.200) while an equal contribution is

required to be made by the state. However, as the state contribution towards

it is negligible, the scheme is highly inadequate to address the hunger and

starvation of the beneficiaries. Some states like Delhi is paying as much as

Rupees one thousand (Rs.1000) as pension to the old persons while

Maharashtra is paying Rupees five hundred (Rs.500) only.98

6 (ii) Monitoring the Scheme

The Supreme Court has been continuously making endeavors to ensure the

rights of the eligible persons under the scheme. The court called upon the

union and the states for implementation of the scheme.99 The Supreme Court

has prohibited the Government from restructuring or discontinuing the scheme

without prior approval of the court.100 The court observed that the coverage of

the scheme is very limited and expressed its concern to the fact that the

coverage was decreasing every year. It also held that the resource set aside

by the centre covers only half the requirement. The scheme clearly shows that

there is a huge shortfall in the pensioners covered.101

In Assam during 2003-2004 the court found that one lakh thirty two thousand

seven hundred and seventy seven (1,32,777) number of pensioners are yet to

be covered under the scheme. It was further observed that some states

including Assam was not making any contribution from its own fund for the

beneficiaries of the scheme. It observed that Rupees two hundred and fifty

(Rs.250) per pensioner per month would be a respectable amount to be paid.

The court observed that the pension was not paid on or before seventh of

every month as directed.102

This scheme is a good tool to fight hunger amongst the old and destitute

people who are often left to starve by their family as they no longer retain the

earning capacity. Compared to other schemes there is less leakage and

misappropriation of funds in this scheme.

However, this scheme suffers from a very low coverage.103 State wise

numerical ceilings are fixed by the centre on the basis of poverty position of

twenty seven percent (27%) of the total population. However, the actual

percentage of food insecured persons is much higher. Moreover, the old and

destitute people being amongst the vulnerable category, the probability of

people in need of assistance is much higher. There is also corruption involved

in the process of selection of beneficiaries, the passbook of the beneficiaries

are at times retained by the officials, there is a continuing problem of untimely

payment of pension.104

The scheme requires constant verification to eliminate the beneficiaries who

have expired. However, this is rarely done and years after the death the

allotments are made. Sometimes these pensions remain unutilised in the

bank accounts while sometimes it is withdrawn by others. This leads to a

waste of tax payers’ money and denial to eligible beneficiaries.105

6 (iii) Conclusion

The scheme is based on the BPL list therefore like other similar schemes this

scheme also suffer from exclusion errors.

7. Annapurna Scheme

This scheme provided support to the food insecure, old, destitute and poor

people who are eligible to be covered by the Old Age Pension Scheme but

has remained uncovered. This scheme was introduced on 01-01-2002 and

was valid till 1 January 2012.

7 (i) Entitlements under the Scheme

The scheme provided ten (10) kg of foodgrains free of cost to the

beneficiaries who are sixty five (65) years or above with no regular means of

subsistence or financial support from family members.106

7 (ii) Monitoring the Scheme

The Supreme Court has directed the Government for implementation of the

scheme.107 In order to protect the right to food of the old destitute people, the

court directed the Government against discontinuance of the scheme or

restricting it without the consent of the Court.108

The scheme was implemented in most of the states for a very short period.

The state of Assam has withdrawn the scheme. The Supreme Court had

directed the states to withdraw the scheme after conversion of the

beneficiaries of the scheme to the beneficiary under NOAPS and duly

obtaining the approval of the Court.109 However no such approval was

obtained from the court before discontinuing the scheme.

7 (iii) Conclusion

Though many eligible beneficiaries have not been covered under the old age

pension scheme yet the state of Assam has withdrawn the scheme much

before 1 January 2012.

8. National Maternity Benefit Scheme

This scheme was introduced in 1995 as a part of National Social Assistance

Programme (NSAP). It was restructured as National Maternity Benefit

Scheme (NMBS) under the Ministry of Health in 2001.

8 (i) Entitlement under the Scheme

It provides nutritional support to the pregnant women who belong to the BPL

families. Under this scheme a cash incentive of Rupees five hundred (Rs.500)

is provided to institutional as well as non-institutional delivery.110

8 (ii) Monitoring the Scheme

The Supreme Court directed the Government for implementation of the

scheme.111 The court further instructed the Government to create awareness

amongst the people through advertisement of the revised scheme. The court

also cautioned the Government against diversion of funds allotted under the

scheme and warned the erring officers of punitive action if they indulge in the

diversion of funds.112

The implementation of the scheme has various shortcomings. In many

instances the money reaches the women only during the last stages of

pregnancy. Moreover the coverage for the non-institutional delivery is poor.113

In Assam the scheme is being implemented for bringing about nutritional

improvement in the life of mother and child. The Maternity Benefit Scheme

and Majoni Scheme are being implemented though the Directorate of National

Rural Health Mission. Under the Majoni Scheme the benefits include a

payment of (Rs.1000) Rupees one thousand which is paid in installments

during the different stages of pregnancy to enable the mother to have a

nutritious meal.114 This scheme is of recent origin and its contribution in

realization of the right to food of the eligible beneficiaries has not been

systematically analysed.

9. National Family Benefit Scheme

The National Family Benefit Scheme (NFBS) was introduced in 1995. The

NFBS provides a cash relief of Rupees ten thousand (Rs.10,000) to the

bereaved family on the death of the sole bread winner of the BPL family. The

scheme is applicable when the deceased is aged between eighteen (18)

years to sixty five (65) years. The Supreme Court called upon the

Government for implementation of this scheme.115 The scheme has failed to

make an impact as it reaches a very small section of the people.116

9 (i) Monitoring the Scheme

In Assam the coverage of the scheme is very limited. It extended to only thirty

six point six (36.6%) percent during 2006-2007.117

9 (ii) Conclusion

The procedure to be adopted for availing the compensation is very elaborate

thereby discouraging the eligible beneficiaries.

10. Identification of BPL Category

The methodology adopted for identification of beneficiaries under the BPL

category is far from reliable. It suffers from many exclusion errors. Three

national surveys conducted during 2004-05 suggest that about fifty percent

(50%) of the poor in India are not identified under the BPL category. Thus all

intervention schemes based on BPL identification excludes such people in

dire need. Moreover the official poverty figures in India are abysmally low,

therefore even if all the BPL cards holders are correctly identified it would still

exclude many persons in need of help in order to tally with the official

figure.118

There is a demand for universal food entitlements from many quarters.119 The

food intervention schemes are framed to protect the poor unable to feed

themselves. With proper identification methodology the cost of the

intervention schemes is much lower compared to universal schemes. Proper

targeting involves accurate information with higher administrative costs. In

poorer countries the information system is not adequately developed to

support targeting. Sometimes targeting mechanism is utilized to ensure

political gains. Therefore the system based on targeting if relied should

ensure that it protects all the vulnerable groups.120

11. Conclusion

Most of the schemes have failed to deliver fruitful results in Assam.121 The

targeting of the BPL category is misleading. The methodology adopted for

identification is not reliable. Therefore all schemes creating entitlement for this

category, is unable to meet the food requirements of the starving population.

The schemes implemented for realization of the right to food of the people are

non sustainable in nature. Such schemes are significant as short time

measures. They do not create any permanent food security for the food

vulnerable groups. As soon as the schemes are withdrawn the beneficiaries

will be again exposed to hunger and starvation. Endeavors are required to be

made to create sustainable food security for the vulnerable section through

adoption of appropriate legislation as per the duty of the Nation State to

ensure the normative core content of the right to food, as the right to food

cannot be restricted to matter of policy.122 Enhanced job opportunity,

enhancing the level of education, nutrition and standard of living should be

taken as priority to create an environment in which people can earn a decent

standard of living for themselves and their families.

The schemes in India are not properly drafted nor are they implemented in

true spirit. As such even the good components of the policies get eroded.123

Furthermore these policies do not address the violation of the right to food of

the most starving section of the society, the street children, destitute, old and

the sick. Shelter homes providing all basic facilities including nutritious meals

should be established to ensure the protection of their right to life.

The failure of the schemes is attributed to firstly, the passive role of the

Government both at the centre and the state in implementation of the

schemes. The weak monitoring system results in siphoning off the

froodgrains. Secondly, food remains a non planned scheme. Thirdly,

corruption and lack of good governance is the prime cause of entitlement

failure of the hungry.124

The schemes providing food security create a very weak right. The schemes

being flexible in nature can easily be altered by a Government official. The

Apex Court has attempted to bring about certain degree of certainty to the

provisions of the schemes, however, due to separation of power it observes

restraint at times. Therefore, it is desirable to convert the entitlements of the

schemes to legislation on food on right to food. Such positive action on the

part of the Government shall build a sense of security and confidence

amongst the malnourished and starving population.

The schemes without proper implementation are of no benefit to the

people.125 According to the philosophy of law forwarded by various jurists the

duty of the state is to frame policy to ensure that the right to food of the people

is not violated. The policies so framed should be implemented in letter and

spirit. The jurisprudence of law is defeated when the policies are framed

without proper implementation and as a result the hunger of the food

vulnerable section remains to be intervened as per General Comment 12

paragraph 15.

End Note

1 Ward L.F., Applied Sociology, Boston, 1906, Ginn and Company, p. 22.

2 Marx K., Critics of the Gotha Program, Dutt C.P. (editor), New York, 1966, International

Publisher, p. 10. 3 William S.S., The Moral of Life, Cambridge, 1911, Cambridge University Press, pp. 95-133.

4 Bodenheimer E., op. cit., p. 201.

5 Acharya S.S., National Food Policy Impacting on Food Security: The Experience of a Large

Populated Country-India, Guha B., Khansbobi, Acharya S.S., Devis B. (editors), op. cit., p.18. 6 Infra Chapter V.

7 Writ Petition (Civil) No. 196 of 2001, Order Dated 17 September 2001, Gonsalves C., Kumar

P. R., Srivastava A.K. (editors), op. cit. pp. 27-28. 8 Bhavani R.V., Narayanan R., Sahoo S., Gopal K.S., Shankar V., Shirke A., An Exploratory

Study on Large-scale Feeding and the Possibility of Linkage with Small and Marginal Farmers, Chennai, 2010, m/s Swaminathan Research Foundation, p. 1. 9 Pratap A., Mid-day meals in primary school strike against hunger, available at

http://www.righttofood.org (accessed on 2 July 2010). 10

Mander H., Mid Day Meal Scheme, Higgins M., Nautiyal S., Shah A. (editors), op. cit., p. 71. 11

Ministry of Human Resource Development, Mid Day Meal, available at http://www.ministryhumanresourcedevelopment.org (accessed on 21 August 2010). 12

TABLE 1

The Revised Scheme of 2006

Nutritional content Norms as per 2004 scheme Revised norms as per 2006 scheme

Calories 300 450

Protein 8-12 12

Micronutrients Not provided Iron, folic acid, vitamin-A, etc

Source: http://www.ministryhumanresourcedevelopment.org (accessed on 2 September 2010). 13

Ministry of Human Resource Development, loc. cit., Writ Petition (Civil) No 196 of 2001, Order Dated 2 May 2003, Supreme Court directed for inclusion of the Mothers’ Group and the Self Help Group for monitoring. Thereby, the scheme was modified to include the same. 14

Second Report of the Commissioner, 2003, Gonsalves C., Kumar P. R., Srivastava A.K. (editors), op. cit., pp. 125-130. 15

Seventh Report of the Commissioners, 2007, Ibid., p. 313. 16

Third Report of the Commissioners, 2003, Ibid., pp. 173-175. 17

Kumar S., ‘Stunted India’, Frontline , Volume-27, Issue Dated 24 April 2010, p. 4.

18

Writ Petition (Civil) No. 196 of 2001, Order Dated 20 April 2004, Gonsalves C., Kumar R.P., Bhat A. (editors), op. cit., pp. 50-54. 19

Third Report of the Commissioners, loc. cit. 20

Sixth Report of the Commissioners, 2005, available at http://www.righttofood .org (accessed on 7 June 10). 21

Writ Petition (Civil) No. 196 of 2001 Order Dated 20 April 2004, Gonsalves C., Kumar R.P., Bhat A. (editors), op. cit., pp. 50-54. 22

Ninth Report of the Commissioners, 2009, pp. 15-16, available at http://www.righttofood .org. (accessed on 7 June 10). 23

Third Report of the Commissioners, loc. cit. 24

Sixth Report of the Commissioners, loc. cit. 25

Fifth Report of the Commissioners, 2004, Gonsalves C., Kumar R.P., Bhat A. (editors) op. cit., pp. 298-310. 26

Seventh Report of the Commissioners, Saxena N.C., Mander H., Patnaik B., Sinha D. (editors), op. cit., pp. 310-332. 27

Fourth (follow up) Report of the Commissioners, 2004, Gonsalves C., Kumar R.P., Bhat A. (editors), op. cit., pp.199-202. 28

Third Report of the Commissioner, op. cit., pp.173-175. 29

Ibid., pp. 192-193. 30

Id. 31

Borpatragohain R.C., Seminar on the Right to Education, Indian Institute of Bank Management, Guwahati, 26-28 July 2010. 32

Staff Reporter, ‘Dead lizard found, Headmaster of Government school suspended’, The Hindu, 13 June 2010, p. 8, reported that hundred and twenty children (120) children were taken ill after consuming mid day meal with dead lizard. Staff Reporter, ‘Lizard in mid day meal: Goa orders probe’, The Times of India, 13 September 2011, available at articles.timesofindia.indiatimes.com./2011-09-13/goa/30148901_1_midday-meal-dead-lizard-murgoa-high-school. Twelve school children fell sick after eating mid day meal which had a dead lizard. Special Correspondent, ‘A dead lizard was found in the plate’, The Hindu, Online Edition, 16 June 2011. Fifty two children were taken ill after eating the mid day meal. 33

Staff Reporter, ‘Court compensates 126 school children’, The Hindu, 4 June 2010, p 4. 34

Shah M.S., Growing Up with Hunger, Higgins M., Nautiyal S., Shah A. (editors), op. cit., p. 66. 35

Writ Petition (Civil) No, 196 of 2001, Order Dated 17 September 2001, Gonsalves C., Kumar R.P., Bhat A. (editors), op. cit., pp. 27-28. 36

Writ Petition (Civil) No. 196 of 2001, Order Dated 29 April 2004, Ibid., pp. 58-60. 37

Id. 38

Ibid., pp. 59-60.

39

Writ Petition (Civil) 126 of 2005, Order Dated 7 October 2004, Ibid., p. 61-66. 40

Writ Petition (Civil) No.126 of 2001, Order Dated 13 December 2006, Saxena N.C., Mander H., Patnaik B., Sinha D. (editors), op. cit., pp. 101-111. 41

Writ Petition (Civil) No. 196 of 2001, Order Dated 9 July 2007, Ibid., pp. 116-119. 42

Table showing the old as well as the revised nutrition norm.

TABLE 2

Comparative Statement of Nutritional Norms

Old New

Category Rates (Rs) Calories Protein Rates (Rs ) Calories

Protein

6months-3 years- 2.00per person

300cal 8-10gm 4.00per person

500 cal 12-15gm

3 years- 6 years 2.00 per person

300 cal 8-10gm 4.00per person

500cal 12-15gm

Severely malnourished

2.70per person

600 cal 20 gm 6.00per person

800cal 20-25gm

Pregnant and lactating mothers

2.30per person

500 cal 20-25gm

5.00per person

600 cal 18-20gm

Source: http://www.ministryhumanresourcedevelopment.org (accessed on 2 September 2010). 43

Writ Petition (Civil) No. 196 of 2001, Order Dated 13 December 2006, Saxena N.C., Mander H., Patnaik B., Sinha D. (editors), op. cit., pp. 102-104. 44

Nutritional Programme for Adolescent Girls, available at http://www.wcd.nic.in (accessed on 14 May 2010). 45

Kishori Sakti Yojana, available at http://www.socialwelfareassam.com (accessed on 15 May 2010). 46

Nutritional Programme for Adolescent Girls, loc. cit. 47

Third Report of the Commissioners, op. cit., pp. 178-180. 48

Fifth Report of the Commissioners , op. cit., pp. 158-197. 49

Shiv Kumar, ‘Stunted India’, op. cit., pp. 4-30. 50

Ninth Report of the Commissioners, op. cit., pp. 5-7. 51

Id. 52

Fifth Report of the Commissioners, loc. cit. 53

Shiv Kumar, ‘Stunted India’, loc. cit. 54

Fifth Report of the Commissioners, loc. cit. 55

Id. 56

Id.

57

Id. 58

Id. 59

Ninth Report of the Commissioners, op. cit., pp. 5-7. 60

Shiv Kumar, ‘Stunted India’, loc. cit. 61

Id. 62

Report of the Comptroller and Auditor General for 2006-2007. 63

Id. 64

Shagun Mahila Udyogik Sahakari Sanstha Marayadit-versus-State of Maharashtra and others (2011) 9 SCC 340. 65

Dhar A., ‘42 percent of Indian children are underweight’, The Hindu, 11 January 2012, p. 1. 66

Id. 67

Mander H., ‘The loneliness of hunger’, The Hindu , 22 May 2010, p. supplementary p. 3. 68

Nawani N.P., Indian experience on household food and nutritional security, available at http://www.fao.org (accessed on 2 May 2010). 69

Ministry of Consumer Affairs Food and Public Distribution, Targeted Public Distribution System, available on http://www.facmin.nic.in (accessed on 20 May 2010). 70

Id. 71

Ministry of Consumer Affairs, Food and Public Distribution, Letter No. 2001-GSR 630 (E) Dated 31 August 2001, Information under RTI Act 2005. 72

Justice Wadhwa Committee Report on PDS available at http//www.righttofoodindia.org (accessed on 1 September 20120). 73

Writ Petition (Civil) No. 196 of 2001 Order Dated 2 May 2003, Gonsalves C., Kumar R.P., Srivastava A.K. (editors), op. cit., pp. 42-49. 74

Writ Petition (Civil) No. 196 of 2001 Order Dated 18 November 2004 , Ibid., pp. 73-74. 75

Writ Petition (Civil) No. 196 of 2001 Order Dated 12 July 2006, Sexana N.C.,Mander H., Patnaik B., Sinha D. (editors), op. cit., pp. 98-100. 76

Seventh Report of the commissioners, op. cit., pp. 352-253. 77

The Fifth report of the Commissioners, op. cit., pp. 200, 203-204. 78

Second Report of the commissioners, op. cit., pp. 101-102. 79

Seventh Report of the Commissioners, op. cit., pp. 361-362. 80

Third report of the commissioners, op. cit., pp. 175-176. 81

Fifth Report of the Commissioners, op. cit., pp. 318-334.

82

Kejriwal A., Who is responsible for the failing of PDS?, Higgins M., Nautiyal S., Shah A. (editors), op. cit., pp. 52-54. 83

Dreze J., Khera R., ‘PDS leakage: The plot thickens’, The Hindu, 3 August 2011, p. 6. 84

Ibid., pp. 207, 214-215. 85

Sixth Report of the Commissioners, op. cit., pp.107-109. 86

Ibid., p.111. 87

Joint Director& PIO, Food Civil Supply & Consumer Affairs Assam, Letter No. DS. (MC) 85 / 2006 / Pt III / 57 Dated 31 May 2010, Information under RTI Act 2005. 88

Antyodaya Anna Yojana, available at http://www.harmayog.org (accesed on 28 May 2010). 89

Id. 90

Writ Petition (Civil) No. 126 of 2001, Order Dated 2 May 2003, Gonsalves C., Kumar P.R., Srivastava A.K. (editors), op. cit., pp. 39-46, and Order Dated 20 April 2004, Ibid., pp. 50-55. 91

Writ Petition (Civil) No.126 of 2001, Order Dated 17 November 2004, Ibid., pp. 71-72. 92

Fourth Report of the Commissioners, op. cit., p. 175. 93

Seventh Report of the Commissioners, op. cit., pp. 364-365. 94

Fifth Report of the Commissioners, op. cit., p. 200. 95

Id. 96

Ibid., p.196. 97

Comptroller and Auditor General Audit Report No. 16 of 2006 available at http://www.scribd.com. (accessed on 1 July 2010). 98

Ninth Report of the Commissioners, op. cit., p. 22. 99

Writ Petition (Civil) No. 196 of 2001 Order Dated 17 September 2001, Gonsalves C.,Kumar P.R., Srivastava A.K. (editors), op. cit., pp. 27-32. 100

Writ Petition (Civil) No. 196 of 2001 Order Dated 27 April.2004, Ibid., pp. 56-57. 101

Writ Petition (Civil) No. 196 of 2001 Order Dated 18 November 2004, Ibid., pp. 80-84. 102

Id. 103

Fifth report of the Commissioners, op. cit., p. 218. 104

Sixth Report of the Commissioners, op. cit., p. 209. 105

Id. 106

Annapurna Scheme, available at http://www.india.govt.in. (accessed on 2 June 2010). 107

Writ Petition (Civil) No. 196 of 2001 Order Dated 17 September 2001, Gonsalves C., Kumar P.R., Srivastava A.K. (editors), op. cit., pp. 27-28. 108

Writ Petition (Civil) No. 196 of 2001 Order Dated 27 April 2004, Ibid., pp. 56-57.

109

Writ Petition (Civil) No. 196 of 2001 Order Dated 18 November 2004, Ibid., pp. 78-79. 110

National Maternity Benefit Scheme, available at http://www.scccommissioners.org (accessed on 2 June 2010). 111

Writ Petition (Civil) No. 196 of 2001 Order Dated 28 November 2001, Gonsalves C., Kumar P.R., Srivastava, A.K. (editors), op. cit., p. 31. 112

Writ Petition (Civil) No. 196 of 2001 Order Dated 20 November 2007, Sexana N.C., Mander H., Patnaik B., Sinha D. (editors), op. cit., pp. 124-130. 113

Fourth Report of the Commissioners, op. cit., p.179. 114

Office of the Mission Director, National Rural Health Mission, Guidelines on Micro Birth Planning for JSY and Mamoni Beneficiaries, available at http://www.nrhm.assam.in (accessed on 14 July 2010). 115

Writ Petition (Civil) No. 196 of 2001 Order Dated 28 November 2001, Gonsalves C., Kumar P.R., Srivastava A.K. (editors), op. cit., pp. 31-32. 116

Third Report of the Commissioners, op. cit., p. 152. 117

Seventh Report of the Commissioners, op. cit., pp. 370-371. 118

Dreze J., Sen A., ‘Putting Growth in its Place’, loc. cit. 119

Staff Reporter, ‘Kolkata group demands universal, justiciable food entitlements’, The Hindu, 18 February 2010, p. 22. Patnaik B., The Poorest in the Poorest States Suffer the Most, Higgins M., Nautiyal S., Shah A. (editors), op. cit., p. 51. 120

Brown l., Gentilini U., On the Edge: The Role of Food-based Safety Nets in Helping Vulnerable Household Manage Food Insecurity, Guha B., Khasnobis, Acharya S.S. (editors), op. cit., pp. 94-95. 121

Saxena N.C., ICDS: A Distant Dream, Higgins, Nautiyal S., Shah A. (editors), op. cit., p. 80. 122

Infra Chapter I, Footnote 40. 123

Prabu M.J., ‘Provide 100 days employment only during lean agricultural season’, The Hindu, 2 February 2011, p. 14. 124

Saxena N.C.,Food and welfare schemes: delivery and accountability issues, Higgins M., Nautiyal S., Shah A. (editors), op. cit., p. 55. 125

Writ Petition (Civil) No. 196 of 2001 Order Dated 2 May 2003, Gonsalves C., Kumar P.R., Srivastava A.K. (editors), op. cit., p. 41.