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 Finally, Food to Become a Right  

Our Correspondent

 

The Union Budget 2010-11 presented by Union Fi-nance Minister Pranab Mukerjee mentions about a proposed legislation that will bring solace to millions of hungry citizens. The government plans to enact a National Food Security law soon, he said in Parliament. In fact, there is nothing new in this – in the 2009 Budget too, the Finance Minister had made such an announcement. However, this time there is a positive difference – the draft is ready, and it is going to be introduced in Parliament for debate.

 

This is good news for all the committed "Right to Food" campaigners in the country, after battling out in courts for this fundamental right and asking the government and political parties to listen. The Congress Party which won the 2009 elections, with a manifesto that also included the right to food, has finally decided to honour its promise.

 

However, the right to food idea is still in its formative stage, with the draft Bill still ambiguous. The government’s dilemma on how inclusive that right should be — whether to adopt the conventional poverty line with its lower figure of poverty or the higher estimates that expert committees have come up with more recently — and the attendant cost seem to be holding back its roll out.

 

In fact, experts and advocacy groups have always championed for an inclusive Bill. Amartya Sen has emphasised that "We need Right to Food Act and more". Professor Sen said that the first step was to defend what already exists, as programmes of this kind are "attacked all the time". The next step is to expand the scope of these programmes and develop a comprehensive system of food entitlements and nutrition interventions, he added. "In a country where half of all children are underweight, the idea that freedom from hunger and under-nutrition can be made a legal right is rather bold and far-reaching. It has a bearing not only on the Public Distribution System but also on a range of other interventions and entitlements, relating for instance to child nutrition, social security, health care, and even property rights," says Development Economist Jean Drèze of Allahabad University.

 

Thanks to the committed lobbying by group of activists and NGOs, the Right to Food issue has become a part of the national consciousness today. "Right to Food Campaign" is an informal network of organisations and individuals committed to the realisation of the right to food in India. The campaign has a small secretariat housed in Shahpur Jat, Delhi, which plays a basic facilitating role. The day-to-day guidance of the secretariat is done by a sub-group currently consisting of Anuradha Talwar, Jean Drèze and Kavita Srivastava (Convenor of the steering group).

 

The Commission for Justice, Peace and Development of the Catholic Bishops’ Conference of India (CBCI) is also very active in the campaign. A team led by Nithiya Sahayam and Mariola at the Commission has realised that it is the ignorance of people at the grassroots level about their rights and government schemes that fuels exploitation. They have brought out a trainers’ manual and a PowerPoint CD in ten languages on the effective use of governmental schemes. This will be invaluable tool in training and empowering the vulnerable sections about their rights and how to claim it with dignity.

 

The Right to Food movement began with a writ petition submitted to the Supreme Court in April 2001 by People’s Union for Civil Liberties, Rajasthan. The petition demanded that the country’s gigantic food stocks at that time should be used without delay to protect people from hunger and starvation. This petition led to prolonged public interest litigation (PUCL vs Union of India and Others, Writ Petition [Civil] 196 of 2001). Supreme Court hearings have been held at regular intervals, and significant "interim orders" have been issued from time to time.

 

In an interim order dated May 8, 2002, the Supreme Court appointed "Commissioners" for the purpose of monitoring the implementation of the Court’s orders. The Commissioners are empowered to enquire about any violations of these orders and to demand redressal, with the full authority of the Supreme Court. The two Commissioners who were initially appointed were Dr. N.C. Saxena and Mr. S.R. Sankaran. Subsequent to Mr. Sankaran resigning from the position, Mr. Harsh Mander has been assisting the Commissioner as a Special Commissioner.

 

However, it soon became clear that the legal process would not go very far on its own. This motivated the effort to build a larger public campaign for the right to food. Three national conventions have been held so far: in Bhopal in June 2004, in Kolkata in November 2005 and in Bodh Gaya in April 2007.

 

Article 21 of the Constitution, which provides a fundamental right to life and personal liberty, has been repeatedly interpreted by the Supreme Court as enshrining within it the right to food. Article 47 obliges the Indian state to raise the standard of nutrition of its people.

Despite this, India continues to have one of the worst track records globally, as far as the commitment to tackle hunger and malnutrition is concerned. The last round of the National Family Health Survey in 2006 confirmed that the child malnutrition rate in India is 46%, almost double that of sub-Saharan Africa. India, the world’s second fastest growing economy, ranks 66th among the 88 countries surveyed by the International Food Policy Research Institute (Ifpri) in the Global Hunger Index (2008), below Sudan, Nigeria and Cameroon, and slightly above Bangladesh.

‘Fast Growing India’ cannot close its eyes on a fast suicide committing India with its grinding poverty, hunger and starvation of masses. Whether the Parliament enacts a comprehensive Act to tackle hunger at its roots or goes in for a token legislation needs to be seen.

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Right to Food of lactacting mothers and children in the age-group of 0 – 3 years (Proposal by Right to Food Campaign)

1. Nutrition and Health Counselling: Anganwadi workers should provide home-based Nutrition and Health Education (NHE) services. Each household with a pregnant woman, nursing woman or child under three years of age should be visited by an Anganwadi worker at least once in three months for the purpose of providing nutrition and health counselling. Through these home visits all mothers should be counselled on early initiation to breastfeeding and other good feeding habits

 

2. Monthly "health and nutrition day": In each Anganwadi, a pre-fixed day of the month should be reserved for specific activities such as distribution of take-home rations to pregnant and nursing women, immunization sessions, NHE sessions, weighing of children under three years, identification of malnourished children, and so on.

 

3. Take-home rations: All pregnant and lactating women and children in the age group of 6 months to 3 years should be provided weekly take-home rations that can be locally prepared and meet minimum nutrition norms.

 

4. Maternity benefits: Maternity benefits of at least Rs 1,000 per month (at 2009-10 prices) for six months, from the 7th month of pregnancy, should be extended to all pregnant women for care during pregnancy. No conditionalities should be attached to maternity benefits. In particular, the benefits should apply irrespective of the place of birth, age of mother or number of children.(www.righttofoodindia.org)

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