What's delaying Right to Food Act, PUCL wonders before Supreme Court

The 2013 Act was supposed to have been implemented by July 5, 2014

The Centre’s resolve to rid the country of hunger will be tested with a petition being filed in the Supreme Court challenging the year-long delay in implementing the Right to Food Act and validity of three administrative directions issued by the government, postponing food and cash entitlements from reaching the poor.

A petition filed by the People’s Union for Civil Liberties (PUCL), asks the Supreme Court to intervene with the government for the implementation of the National Food Security Act, 2013, and publication of the ‘final lists’ of Socio-Economic Caste Census 2011 to identify priority and Antodaya Anna Yojana (AAY) households under the Act.

The PUCL, represented by senior advocate Colin Gonsalves, contended that the 2013 Act was supposed to be implemented by July 5, 2014, but three successive administrative instructions on June 30 and October 14, 2014, and March 24 this year had delayed it.

Besides, a period not exceeding 365 days was given to the State governments to identify the eligible households for foodgrain entitlements. This deadline expired on July 4, 2014.

The PUCL petition in 2001 for enforcement of the poor’s right to food had seen the Supreme Court pass repeated directions to the government to provide food security. The litigation had largely influenced the 2013 Act, according to the fresh petition.

The petition highlights several pitfalls for the apex court to consider in the government’s proposals to implement the Act.

Section 4(b) of the Act requires that pregnant and lactating women be paid a cash benefit of a minimum of Rs. 6,000 through the Indira Gandhi Matritva Sahyog Yojana (IGMSY). The petition said a revised proposal for IGMSY is with the Cabinet Committee on Economic Affairs. As per the proposal, IGMSY would reach all districts only by 2016-17, and that too if financial resources permit.

In the second instance, the Act wants free meals to be provided through anganwadis to pregnant and lactating women and children up to the age of six years. The government proposes to do this through the existing Integrated Child Development Scheme, which has low coverage.

Again, the Act entitles children aged between six and 14 to have cooked meals at government schools. The government proposes to do this through the prevalent mid-day meal scheme. However, the petition said, 3.9 crore of the 13.9 crore children under this scheme are deprived of this entitlement.

It said both schools and anganwadi buildings suffer in terms of lack of basic infrastructure like kitchens, drinking water, sanitation facilities for proper implementation of the statute’s objectives.