Right to Food and Nutrition
Chhattisgarh Model
Presentation
D.S. Misra
ACS, Finance & Planning
Food
FoodSecurity
Security
Concern for food dates back
to pre-history
For the cave man, it was a
natural right
From pre-history to history
Philosophers on Right to Food
Food : most basic need
Plato
(4th century BC)
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
Edmund Burke
(18th century)
“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
Marx
(19th century)
Consumption would not be conceived as a
right, but as a need to be fulfilled: ‘to each
according to his needs'
Key elements of Right to Food
 The
right to food is an inclusive right; not simply a right to a minimum ration.
It is a right to all nutritional elements that a person needs to live a
healthy and active life, and to the means to access them.

The right to adequate food is realized when every man, woman and child,
alone or in community with others, has physical and economic access at
all times to adequate food or means for its procurement.
 Essential
elements of the Right to Food:
Food must be available, accessible and adequate

Availability refers to production and / or availability in the market

Accessibility requires economic and physical access to food

Adequacy means that the food must satisfy dietary needs

Food entitlements should be legally enforceable
Food Security vs Right to Food
 The right to food is different from food security.
 While food security can be achieved in theory without the adoption of
legal measures, the addition of legally enforceable rights makes the
future of food security more secure
 The concept of food security itself is not a legal concept per se and does
not impose obligations on stakeholders nor does it provide entitlements to
them
 The right to food places legal obligations on States to overcome hunger
and malnutrition and realize food security for all
 Food security is a pre-condition for the full enjoyment of the right to food
 The link between the right to food and other human rights
 Human rights are interdependent, indivisible and interrelated;
violating the right to food may impair the enjoyment of other human
rights, such as the right to health, education or life, and vice versa
The right to food in international law
The human right to adequate food is recognized in a number of
binding and non-binding international instruments.
- The Universal Declaration of Human Rights, 1948:
“Everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, ...” (art. 25)
- The International Covenant on Economic, Social and Cultural Rights,
1966 :(160 States Parties)
“the fundamental right of everyone to be free from hunger” (art.11(2))
- Minimum core obligations - States have to ensure minimum essential
level of the right to food, even in times of natural or other disasters. Even if
the resources at its disposal are clearly inadequate, the Government must
still introduce low-cost and targeted programmes to assist those most in
need so that its limited resources are used efficiently and effectively.
The right to food in international law
contd…
- Convention on the Elimination of All Forms of Discrimination
Against Women (186 States Parties)
The right of pregnant and lactating women to special protection with
regard to adequate nutrition (article 12) and the right of rural women
to equal access to land, water, credit .....social security
and adequate living conditions (article 14)
- Convention on the Rights of the Child (193 States Parties)
The right to the highest attainable standard of health(article 25) and the
right to an adequate standard of living which includes food and
nutrition (article 27)
- United Nations Millennium Declaration, 2000
States committed themselves to halving the proportion of people
suffering from hunger by 2015.
Right
Right to
to Food
Food under
under Indian
Indian Constitution
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)
Steady
SteadyMarch
Marchtowards
towardsRight
RighttotoFood
Food
Building blocks of Household Food & Nutrition Security
Right to Food &
Nutrition Act 2013
“Abstract right to food is
meaningless without
an
implementation framework.”
Right to Skill
Development Act, 2013
SUSTAINABILITY
150 days’ Employment Guarantee
Nutrition Security
Health security: Universal Health Insurance sch.
ADEQUACY
Expand Coverage through MKSY
Restructure Supplementary Nutrition Programme & MDM
ACCESSIBILITY
Restructure and Revamp PDS
Streamline Procurement for PDS
AVAILABILITY
Produce more food
-Edmund Burke
Multiple
MultipleActions
Actionscontribute
contributeto
tobuilding
building
household
household Food
FoodSecurity
Security
Adequacy of Food :
Agriculture Growth Rate (10th and 11th plan) - Chhattisgarh vs All-India
10
%
9.3
9
8
6.9
7
6
India
Chhattisgarh
5
3.7
4
3
2.3
2
1
0
10th Plan
Source: CSO (All-India) and DES(CG)
11th Plan
Multiple Actions
Actions contribute
contribute to
to building
building
Multiple
household Food
Food Security
Security
household
contd…
Massive Decentralised Procurement Exercise
Cost to the State exchequer: 500 cr
80
Paddy Procurement (in lakh MT)
70
71
60
60
12,000
51
50
Amount paid to farmers (Rs. Crore)
10,913
44
40
36
30
20
10,000
37
27
8,000
19
6,814
10
6,000
5,430
0
2001-02
2003-04
2005-06
2008-09
2009-10
2010-11
2011-12
2012-13
4,699
4,000
4,238
2,090
2,000
1,520
1,028
0
2001-02
2003-04
2005-06
2008-09
2009-10
2010-11
2011-12
2012-13
Multiple Actions
Actions contribute
contribute to
to building
building
Multiple
household Food
Food Security
Security
household
contd…
3000
2500
2400
(Rs. crore)
2000
1500
Total bill : 2,900cr (1.7% of GSDP)
Cost of procurement : 500 cr
945
1000
Food security bill : 2,400 cr
947
884
500
515
0
2001-08
2008-09
2010-11
2011-12
2013-14
(Budgeted)
Multiple Actions
Actions contribute
contribute to
to building
building
Multiple
household Food
Food Security
Security
household
contd…
contd…
₋
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
Steady
SteadyMarch
Marchtowards
towardsRight
Rightto
toFood
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.
Release of working capital assistance to FPS (Rs.42 cr.) and one month's credit
facility to all FPS
2005-06
2005-06
Door-step delivery of food grains to all FPS
2006
De-privatisation of Supplementary Nutrition Programme & involvement of the
2006
community in supply of hot cooked meals
Upward revision of commission of FPS from Rs.8 to Rs.30 and to Rs.45/qtl
More Inclusive: Foodgrains for additional poor families under MKSY
Transparency: Creation of Ration Card Database (public scrutiny of all records)
& call centre for lodging complaints relating to PDS
2006 & 2012
2008
2007-08
Use of Technology: End-to-end computerization of PDS operations (State bagged
6 National Awards, including National e-Governance Award
2008-12
Supreme Court declaring Chhattisgarh Model to be replicated across the country
2011
Consumer empowerment : Introduction of Core PDS
2012
Results: estimated diversion of PDS grain fell from 50% in 2004-05 to < 3%
2009-10.
and finally enactment and roll out of Right to Food Act : 18th Jan, 2013
NationalFood
FoodSecurity
Security Ordinance
Ordinance vs
National
ChhattisgarhFood
Foodand
and Nutrition
Nutrition Security
Security Act
Chhattisgarh
Act
National Food Security Act
Mere food grains security
Nature of Right
Deviation from provision in
Art. 47 w.r.t. ‘nutrition’
Chhattisgarh Food & Nutrition Security Act
Comprehensive Food and Nutrition security
Art. 47 compliant
Nearly universal; Close to 90% coverage
Effective – 63.5%
Coverage
Comprehensive PDS
Reforms
75% covered under Rs.2/kg
75% rural and 50% urban
population; state governments
allowed to extend coverage
out of their own resources
Every person except - (a) income tax payees (b)
large farmers > 4 hact irrigated & 8 hact unirrigated land (c) households in urban areas
with pucca house with carpet area > 1,000 sq.
ft. and liable to pay property tax.
No provision
Already implemented; Robust PDS
NationalFood
FoodSecurity
Security Ordinance
Ordinance vs
National
ChhattisgarhFood
Foodand
and Nutrition
Nutrition Security
Security Act
Chhattisgarh
Act
contd…
National Food
Security Act
25 kg per household
Entitlements
Entitlements
for Children
Chhattisgarh Food & Nutrition Security Act
Antyodaya households:
35 kg food grain, 2 kg pulses, 2 kg iodised salt
5 kg food grains/person/
month for every person Priority households:
covered under the PDS 35 kg food grain, 2 kg pulses and 2 kg iodized salt (free)
35 Kg for Antyodaya
General households:
households
15 kg food grain
Daily mid-day meals in Provision for children in the age group of 6 months to 6 years
schools for children in
 Children aged 6 months to 3 years: take home ration through
the age group of 2 to 16
Anganwadis
years “or the age at
 Children aged 3 years to 6 years: Morning snack and hot
which they start school”.
cooked meal
Since children enter
 Children in Primary Classes: Hot cooked meal in school
government schools only
at the age of 6 years, this  Children aged 6 months to 6 years who are malnourished:
Take home ration through anganwadis
excludes those in the
age group of 2 to 6
 Children in hostels and ashrams: Subsidised grain at
years.
prescribed prices
NationalFood
FoodSecurity
Security Ordinance
Ordinance vs
National
ChhattisgarhFood
Foodand
and Nutrition
Nutrition Security
Security Act
Chhattisgarh
Act
contd…
National Food Security Act
Benefit transfer
Consumer
empowerment
Direct Benefit Transfer or
Conditional Cash Transfer in lieu
of food grain in future
Chhattisgarh Food & Nutrition
Security Act
Entitlement will remain in kind
(food grain)
Right to choose FPS to lift entitlements
No provision
Provision for migrants to take ration
during migration
Community Kitchens
No entitlements on the ground
that it is difficult to identify
“eligible beneficiaries”
Free meals through “Annapurna Dal
Bhat” centres or take home rations
through panchayats
Emergency and
Disasters
No mention
Meals, free of charge for up to 3 months,
through emergency relief operations
People living with
hunger/in starvation
conditions
No mention
Free meals for up to 6 months
Entitlement Portability
Chhattisgarh
National
Food
Security
Act
and
Chhattisgarh
National
Food
Security
Act
and
Demands
Right
Food
Campaign
Demands
ofof
Right
toto
Food
Campaign
Demands of the Right National Food Security
to Food Campaign
Act
Public
Distribution
System –
Coverage
Public
Distribution
System –
Entitlements
Universal coverage
Nearly two-third coverage
As per ICMR norms:
25 kg of per household
Food grains:
50 kg / household/
month
5 kg food grains/person/
month for every person
covered under the PDS
Oil: 800
gm/adult/month or
2.8 kg/household/
month
No provision for
pulse/oils
Chhattisgarh Food &
Nutrition Security Act
Nearly universal
close to 90% coverage
Food grains:
35 kg / household/ month
Pulses:
2 kg/adult/month
Pulses:
Salt :
1.5 kg/adult/month or
5.25 kg/ household/
month
2 kg iodised salt (free)
Entitlements under the Chhattisgarh Act are close to Demands of the Right to Food Campaign.
PDSvs
vsDirect
DirectCash
CashTransfer
Transfer
PDS
- 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
.....and
thethe
Outcomes
.....and
Outcomes
100
500
90
80
70
450
IMR
400
63
60
50
379
350
Chhattisgarh
58
MMR
48
300
335
44
40
30
All-India
200
20
212
150
10
0
100
2005
2006
2007
2008
2009
2010
2011
2001-03
(Source:- SRS Bulletin, Registrar General, India)
2004-06
70
Literacy
75
70
All-India
72.99
70.28
60
Malnutrition: Children U5
53.2
50
47.8
Chhattisgarh
40.4
41.2
64.83
60
2007-09
(Source:- SRS Bulletin, Registrar General, India)
80
65
269
254
250
All-India
Chhattisgarh
301
64.66
40
Chhattisgarh
30
55
42.7
All-India
20
50
2001
(Source:- Census 2011, Registrar General, India)
2011
10
NFHS-2 (1998-99)
NFHS-3 (2005-06)
Dept.Survey (2012)*
.....and
thethe
Outcomes
.....and
Outcomes
House hold asset creation : Census 2011 data
Household %
35
2001
2011
31.3
30.7
30
25
21.5
20
15.6
15
10.82
10
5
1.35
3.79
2.3
0
Car/Jeep/Van
Scooter, Motor cycle, Moped
Telephone/Mobile phone
Television
Why Chhattisgarh Model is replicable

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
 Right
benefit for female MGNREGA job card holders
to Skill Development Act 2013
Funding
Food Food
Security
Funding
Security
- 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
"Food is the moral right of all who are born into this world"
- Norman Borlaug
All that is required is the political will to implement the right
The Philosophers have only interpreted the world, in various ways;
the point, however, is to change it - Karl Marx
and Chhattisgarh Right to Food and Nutrition Act 2013 has made history!
State initiatives towards women empowerment
− Allotment of government land shall be in the joint name of husband and
wife
− One per cent concession in stamp duty for land registered in the name of
women
− Women SHGs shall be given bank loan at 3 per cent interest
Agencies involved in
Supplementary Nutrition Programme (SNP)
Gram
Panchayat &
ULB
3%
Women SHGs
97%
Women SHGs
Agencies running Fair Price Shops
JFMCs
1%
Cooperative Societies
Women SHGs
22%
Gram
Panchayat &
ULBs
38%
Cooperative
Societies
39%
Gram Panchayat &
ULBs
Women SHGs
JFMCs
Gram Panchayat & ULB