SUMMARY OF THE THIRD REPORT OF THE COMMISSIONER

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

The Third Report of the Commissioner is presented with a sense of urgency. It reviews the two years since the Writ Petition (Civil) 196 of 2001 was submitted by the People’s Union for Civil Liberties (Rajasthan). The Report emphasizes that there is still a catastrophic failure to protect the fundamental right to life enshrined in Article 21 of the Constitution and an overarching lack of State commitment to the prevention of hunger and starvation in India.

The intervention of the Court is viewed as being potentially effective. Some useful orders have been passed and some positive steps have been taken by the respondents[1]. Considering the massive problem of chronic hunger in the country, the Commissioners feel that these initiatives have only made a small impact. Gigantic food stocks contrast with the fact that India remains one of the most undernourished countries in the world. The Commissioner is deeply concerned that the elimination of chronic hunger does not get the priority it deserves in policy planning and budget allocations. The routine violation of Supreme Court orders by the respondent governments is a symptom of this lack of commitment.

The need for further directions from the Supreme Court and for stronger monitoring mechanisms to enforce the Court’s orders is stressed. The implementation of these orders varies substantially between different states and in worst cases like Bihar and Uttar Pradesh, there has been virtually no response from the governments.

A number of urgent issues are covered in the Third Report. The Report reiterates that the Court should not lose sight of the fundamental pleas presented in the original petition, such as the plea for the adoption of an “employment guarantee act” and for permanent social security arrangements for destitute households. The surge in foodgrain exports is also a matter of grave concern. Urban destitution is also mentioned as a problem which remains largely unresolved and which requires creative initiatives.

Below is a brief overview of some of the main issues analysed in the Third Report and the Commissioner’s recommendations to the Supreme Court.

THE EMPLOYMENT ISSUE

It is pointed out that employment at a living wage is the best protection against hunger. The Report shows how central and state governments have demonstrated little commitment to rural employment in recent years. Employment generation under SGRY is extremely limited in the more deprived and hunger-ridden states. The Commissioner suggests that the Court direct all the States to utilise the funds available for SGRY. Moreover, arbitrary implementation of SGRY strengthens the case for considering an alternative approach based on the principle of “employment guarantee”. The problem of labour being displaced in employment-oriented schemes by the use of excavators, trucks and tractors has been raised. Moreover, the Report stresses the need to revive and uphold the principle of open-ended employment (without “ceiling”) in drought-affected areas.

MID-DAY MEALS

The mid-day meals programme has made some progress. It is a serious matter that several states (notably Bihar, Jharkhaland and Uttar Pradesh) were yet to introduce mid-day meals at the time of the Report. The Court is urged to consider ways of holding these states accountable for this lapse and to request the state governments to submit affidavits explaining why mid-day meals are not being provided. Poor quality of meals being served in many of the complying States is also an important issue. Moreover, the Commissioner advises the Court to direct all state governments to continue providing mid-day meals during the summer vacations in drought-affected areas (and to consider doing the same in other areas as well) and to ensure that the basic facilities for the programme are provided.

TARGETED PUBLIC DISTRIBUTION SYSTEM

Problems related to the Targeted Public Distribution System (TPDS) are also raised in this report. The Court is repeatedly directing governments to guarantee that households below the poverty line (BPL households) should obtain 35 kgs of grain per month at subsidized prices. However, many factors are preventing this scheme from working properly. The Commissioner shows that the public distribution system is in a dismal condition. It has ceased to mean much to the poor in large parts of the country. In this context, the Report urges for radical reform of this system, based on a deep examination of its prevailing failures. Furthermore, the Court is also called to constitute, without delay, an expert committee to deal with this issue and related matters.  

BELOW POVERTY LINE (BPL) SURVEY

The selection of Below Poverty Line (BPL) households is a complex issue. The BPL lists are unreliable. The Commissioner recommends that an expert committee be appointed to re-examine the methodology of the “BPL survey” and the larger question of targeting in the public distribution system. The Commissioners feel that in situations of drought and other calamities, relief should not be restricted to BPL households. Other households also tend to require support in such circumstances.

INTEGRATED CHILD DEVELOPMENT SCHEME

The Report stresses that the provision of Integrated Child Development Scheme (ICDS) in every habitation, as directed by the Court, is not being properly observed and taken seriously. There seems to have been little action on this front. This scheme is essential to protect small children from undernutrition. The Government of India has been more interested in expanding the ICDS programme than in ensuring that it achieves results. In this context, the increase in the coverage of ICDS is recommended, taking into account that this scheme is not reaching enough children. Furthermore, ICDS should aim to give particular attention to children in the poorest families and to reach children aged under three.

SOCIAL SECURITY FOR DESTITUTE HOUSEHOLDS

The Report suggests the need for putting in place comprehensive and durable social security arrangements to protect destitute households from hunger. The extension of the Antyodaya Anna Yojana (AAY) programme, despite not being an adequate step on its own for this purpose, is presented as a potentially important component of the required social security system and a welcome step in this direction.

OTHER SCHEMES

As for the other schemes, such as the Annapurna, the National Old Age Pension Scheme (NOAPS), the National Family Benefit Scheme (NFBS), the National Maternity Benefit Scheme (NMBC) the Commissioner shows that there is not much to report. In most states, in spite of the intervention of the Court, there is little sign of improvement.Their implementation leaves much to be desired. Among the problems are poor coverage, under-funding, reduced commitment by the government and lack of information about the schemes.

INFORMATION DISSEMINATION

To conclude, the Report draws the attention of the Court to the crucial role of information and public awareness for the success of the initiatives in the fight against hunger. There is a need for more systematic efforts to spread information at all levels and make sure that people are aware of their entitlements under food-related schemes. There is also a need for better monitoring systems, stronger accountability, redressal and compensation mechanisms. Some suggestions towards this end are presented at the end of the Report.