SUMMARY OF THE SECOND REPORT OF THE COMMISSIONER

[Note: This second report was submitted by Dr. N.C. Saxena, who was the single Commissioner at that time.]

The Second Report of the Commissioner (Dr. N.C. Saxena) was presented to the Supreme Court in February 2003. In it, emphasis is given to mid-day meals and to Sampoorna Grameen Rozgar Yojana (SGRY), the largest employment programme in India at the time of the Report. Moreover, the status of the implementation of other Supreme Court orders was also covered in this Report. A brief summary of these issues and the corresponding recommendations by the Commissioner are presented below.

MID-DAY MEALS         

The Report highlights the importance of introducing nutritious mid-day meals in primary schools. These meals are very effective in protecting children against hunger. Many states have shown a positive response by starting the programme with full or partial coverage. However, in Bihar, Uttar Pradesh and Jharkhand the scheme has not been started at all. Considering the importance of this programme, the Commissioner requests the Court to provide several directions. It is recommended that such states should be held accountable for total violation of Supreme Court orders and be directed to implement the programme immediately. Moreover, states that have started the scheme in a token way must be directed to extend the programme to the entire state. The Commissioner also recommends that an expert team be set up  to prepare a budget for  mid-day meals. States should also be directed to make an adequate budgetary provision and prepare guidelines for full implementation within 2 months. Finally, the Report stresses that states should continue to provide mid-day meals in drought affected areas during the summer holidays, and the Government of India should also be directed to provide free grain for this. 

SAMPOORNA GRAMEEN ROZGAR YOJANA (SGRY) AND RELIEF EMPLOYMENT

Taking up the Sampoorna Grameen Rozgar Yojana (SGRY), the Commissioner shows great concern over its poor implementation in many states. Its poor performance is due to  unutilised grain and a low utilisation of available funds under the scheme. Frequently, funds are not released on time. Other problems at the ground level are also pointed out. These include widespread cases of corruption, the use of machines which directly undermines the effectiveness of the scheme, excessive delays in receiving payments, reports that the grain component of wages is not reaching labourers. The Court is requested to direct respondents to utilise  the entire allocation of funds and foodgrain in a timely manner and to ensure that there is complete transparency in the use of funds. It is also recommended that the Union of India should release foodgrains and funds on time. An order should be passed that when faced with serious financial constraints the entire wage may be paid in kind (foodgrains) only if the labourers so desire.

ISSUE OF RATION CARDS AND TARGETED PUBLIC DISTRIBUTION SYSTEM (TPDS)

The proper identification of those below the poverty line (BPL) is a prerequisite for the functioning of the TPDS. Despite directions from the Court on the need to identify and issue cards to the Below Poverty Line (BPL) population, some states have not complied with these directions. Another concern is the total lack of transparency in the identification process. . In some states, people are unaware of their entitlements and corruption is widespread. In order to avoid unfair exclusion of poor people from government schemes, the identification of BPL population is essential and cards must be issued immediately. The Commissioner requests the Court to direct all state governments, particularly the Government of Delhi, to issue ration cards immediately and to register complaints regarding BPL cards. Officers in charge should be held accountable for the non-distribution of cards. Moreover, it is recommended that all BPL cardholders should be allowed to purchase the allotted quota in instalments. Further, they should be allowed to buy the quota (in part or in full) for previous months as well. Migrant workers should also be entitled to draw grain on their BPL cards notwithstanding the fact that they have migrated out.

PENSION AND ANNAPURNA SCHEMES

Pension  schemes have been relatively successful programmes of central and state governments. These schemes reach the disabled, aged, destitute and widows, who are among the most vulnerable people in the country. Annapurna is a programme which provides 10 kgs of grain free of cost to those who are eligible for a pension, but are not receiving it. However, despite being relatively successful, many deserving people are being left out of these schemes. The Commissioner therefore advises the Court to direct the Union of India, States and Union Territories to double the coverage of pension schemes and allocate resources accordingly. Moreover, it is also recommended that states should complete the identification of Annapurna beneficiaries within eight weeks of the date of the Report.

VERIFICATION OF REPORTS ON STARVATION DEATHS

The Commissioner stresses that it is imperative that drought relief is carried out on a massive  scale if mass hunger and starvation are to be avoided. An earlier order of the Supreme Court established that the Chief Secretary would be held responsible for any starvation deaths that occur in a state. In accordance with this order, the Commissioners felt that it is important to verify whether the government has done its duty by implementing welfare schemes to reduce the chances of starvation deaths.

ACCESS TO INFORMATION

The Report raises issues related to the lack of information about welfare schemes and poor awareness among beneficiaries of their entitlements. Public awareness is crucial for the success of the welfare programmes. The Commissioner requests the Court to consider directing all the States to pass the Right to Information Act in consultation with civil society groups at the earliest. Vital information about the schemes should be displayed by the PRIs, especially by Gram Panchayats. Moreover, the Report also recommends that relevant records should be open to inspection. Members of the public should be able to obtain photocopies of documents related to development projects. The Commissioner also suggests that the Chief Secretary/Administrator of each State/Union Territory should review the schemes at least once a quarter and should send a quarterly monitoring report to the Commissioner.