THE INDIAN LAW INSTITUTE
LL.M. (Two Year Course)
Wednesday Seminar IV
(01.09.10)
(10.00am - 12.15 pm)
The National Food Security Bill, 2010[1]
Moderator : Saurabh Singh
Presenter : Pragya Singh
Discussants : Rebecca Lalrindiki and Aditya Gupta
Rapporteur : Abhishek Kumar Pandey
I. Background
INDIA HAS ACHIEVED food self-sufficiency 30 years ago through dramatic investments in technology, institutions and infrastructure. According to Food and Agriculure Organisation (FAO) of the United Nations, one fourth of the world’s undernourished population (251.5 million people) lives in India.[2] In recent years, the battle against hunger has been placed at the centre of the development discourse in India. This has come about as a direct result of a writ petition filed in the Supreme Court of India by the People’s Union for Civil Liberties[3], to recognise right to food as fundamental right under article 21. In addition to these judicial developments, Indian Legislature has taken steps to provide a statutory framework in the form of this Bill. The Bill entitles families living Below Poverty Line[4] (BPL) to certain minimum quantities of food grains per month through Targeted Public Distribution System[5] (TPDS).
II. Overview of the Bill
The Bill provides that every identified BPL family within the number fixed by the central government shall be entitled to receive every month 25 kgs food grains such as rice and/or wheat at subsidized issue prices. These prices will be fixed from time to time by central government.[6] The central government shall fix the number of the identified BPL families for each state for coverage under the TPDS on the basis of poverty estimates notified by the Planning Commission of India.[7] However, if any state government is to extend its support to additional families over and above that is provided under clause 3, it may do so with its own budgetory resources[8].The central government shall be responsible for procurement of wheat & rice for the central pool[9] and states. In an event of inability to deliver the required allocation for any state, the central government shall compensate by funds to the state.[10] The state government is also made responsible for making payment of “Food Security Allowance”[11] to the beneficiaries of the Bill, in case of failure to supply in any month the entitled quantities of foodgrains to such families.[12]For ensuring transparency in functioning of TPDS and accountability of the functionaries, every state government shall set up a vigilance committee as per the rules.[13] clause 16 further says that whosoever contravenes the provisions of this Act shall be liable for penalties as provided under section 7 of Essential Commodities Act,1955.
III. Issues
Whether the provisions of the (draft) Bill confer an enforceable right to food to every identified BPL familiy? If no, is the state justified in not conferring such a right?
Notwithstanding the Wadhwa Committee Report on the failure of TPDS in India, is it prudent on the part of Indian Parliament to adopt it again via this Bill for the purpose of distribution of food grains?
Looking into the present status of Indian economy and its dynamic growth, whether Indian Government is justified in not enforcing article 47 even after 60 years of independence?
Suggested Readings:
1. Reetika Khera, “Right to Food Act: Beyond Cheap Promises” 45 EPW 40 (2009).
2. PUCL v. The Union of India and Others,2000 (5) SCALE.
3. Justice Wadhwa Committee Report on Public Distribution System (PDS) (2009).
4. P. Sainath, “Food Security- of APL, BPL & IPL”, The Hindu, July 6, 2010 available at http://www.thehindu.com/opinion/columns/sainath/articles501693.ece.
5. D.D.Basu, 3 Commentary on the Constitution of India 4158-4166 (Lexis Nexis Butterworths Wadhwa Nagpur, New Delhi, 8th edn. 2008).
[1] The proposed Draft Bill. Hereinafter “Bill”.
[2] Food and Agriculture Organisation Report available at http//www.fao.org/countries/5528/en/ind.
[3] PUCL v. The Union of India and Others, 2000(5) SCALE.
[4] Cl. 2(b).
[5] Cl. 2(u).
[6] Cl. 3.
[7] Cl. 4(2).
[8] Cl. 4(3).
[9] Cl. 2(c).
[10] Cl. 6(2).
[11] Cl. 2(h).
[12] Cl. 7(8).
[13] Cl. 10.
