By Aena Rawal

Abstract 

In December 2022, the Indian government announced the distribution of free food grains to beneficiaries of the National Food Security Act (NFSA), including AAY families and PHH. However, the political motivations behind this move may overshadow the weaknesses of the targeted Public Distribution System (PDS) supported by the NFSA. This article aims to explore the flaws of the targeted system and the reasons behind these errors, while also considering the perspective of rights activists who advocate for the universalization of the PDS. By examining states where the PDS has been universalized, the benefits of such an approach will be highlighted in providing assistance to anyone in need.

National Food Security Act, 2013

A watershed enactment to ensure the human right to food, National Food Security Act, 2013 is a transition from a welfare-based to a rights-based approach. Beneficiaries under the law can obtain the required quantities of food grains at heavily subsidized prices. It provides for coverage of up to 75% of the rural and 50% of the urban population which amounts to approximately 81.35 crores as per Census 2011 (NFSA, n.d.) . The law extends legal rights to women and children, as well as other underprivileged groups such as the impoverished, homeless, disaster- and emergency-affected persons living in famine for free or low-cost meals.

That said, consider the following ground realities,

In Chhattisgarh, NCAER Report, 2015, (Evaluation Study of Targeted Public Distribution System in Selected States – NCAER | Quality . Relevance . Impact, 2023)  pointed out a defective targeting system.  According to research, huge quantities of bogus ration cards have been  distributed. The rectification process of canceling such cards has become ineffective and politically driven. The ration cards were canceled on an ad hoc basis, with no precise criteria in place. In another tragic instance in 2017, an 11-year-old girl in Jharkhand died of starvation after her family’s ration card was canceled due to a lack of Aadhaar authentication. This was despite them being eligible for the PDS benefits under the NFSA. While Aadhaar-enabled PDS has been positioned as the cornerstone to an efficient and fraud-free framework, dependence on it can be problematic in several ways; it is exclusionary for people who do not have an Aadhaar number; point of sale devices failing to recognize biometrics, especially for senior citizens ; and electricity and internet connectivity issues. Again in 2020, a survey conducted by the Right to Food Campaign in Maharashtra found that 1.5 lakh ration cards were canceled without any prior notice to the beneficiaries. This led to several families being denied their entitlements under the PDS system.

The examples above are merely an example  of the overall scenario and the ineffective implementation of the Welfare Act. The poor and vulnerable sections of society often rely on the PDS to access food at affordable prices. Inefficient PDS can lead to a shortage of food grains, resulting in higher food prices, and thus pushing more people into poverty.

The Act recognizes that hunger and malnutrition are caused by impoverished and vulnerable groups of society not having access to food and critical nutrients. An important public health issue in India is malnutrition, which affects a sizable segment of the population, particularly children, pregnant and lactating mothers, and the elderly. By disproportionately hurting marginalized groups, who frequently have little access to other sources of food and money, the same exacerbates social inequality. The Act has been considered successful in dealing with malnutrition. Regarding child malnutrition, however, the Fifth National Family Health Survey reveals some sobering facts. In 11 of the 17 states, the incidence of stunting or chronic malnutrition—defined as a low height relative to age—has increased (Suri, 2020). The percentage of severely wasted children has increased in 13 out of the 17 states. The proportion of children who are underweight (underweight for their age) has increased in 11 out of the 17 states. In India, the public distribution system and maternal cash transfer schemes serve to address the nutritional needs of underprivileged groups and people living in poverty by providing subsidized food. In addition to accurate identification, a varied and balanced diet that is of high quality and safe is essential.

Faulty Beneficiary Identification Procedure

The National Food Security Act (NFSA) mandates the Central Government to periodically advise States/Union Territories to identify eligible poor individuals and households, especially the most vulnerable ones, for inclusion in the PDS system. The states are continuously updating their beneficiary databases to prevent fraud and to ensure that only genuine beneficiaries are included in the system. However, the continuous exclusion of new claimants due to loopholes in the NFSA, combined with the seeding of Aadhaar numbers in the ration card database, has added to the problems. It is essential to urgently address the lack of information regarding the reasons for individual ration card deletions, as governments may display biases while selecting beneficiaries, favoring specific regions, communities, or groups. Immediate measures should be taken to strengthen mechanisms for reviewing grievances, providing redressals, and ensuring accountability in the PDS. The current redressal machinery, which is a part of the state machinery that also selects beneficiaries, may not always be able to correct inclusion and exclusion biases. Digital verification systems like Aadhaar can be effective only when proper analog components are fully in place.

The calculation of beneficiaries based on the 2011 Census, which has stayed constant despite population expansion, is the main cause for worry. The NFSA restrictions cap the overall number of PDS recipients to 81.34 crores or two-thirds of the 121-crore population in 2011—75% of the rural and 50% of the urban populations. However, the population is expected to reach 136 crores by 2021, therefore an increase from the existing 81 crores to 91 crores in beneficiaries will be necessary. The NFSA restricts coverage to the ratio of the most recently released census data, essentially shutting out the new population until the next census and effectively restricting the number of PDS recipients for ten years. This leaves holes in the system. Due to these gaps, ration cards are even being distributed in fewer numbers. The government should consider expanding the scope of the National Food Security Act (NFSA) beyond the mandated population while eliminating the compulsory coverage.

Evaluating Universal PDS

The Above Poverty Line (APL) and Below Poverty Line (BPL) families, and households can pick which ration card they want to use under the PDS model in the Tamil Nadu government.  In Himachal Pradesh, the universal PDS is differentiated such that households in APL and BPL pay different prices but are still entitled to the same amounts of food grains. Pondicherry, similarly, has differentiated universal PDS, although in this instance, the distinction is made in terms of amount, i.e., BPL families are entitled to a larger quantity than APL households, for the same price. In the case of Tamil Nadu, when better-off sections of the population use the PDS and do not voluntarily opt out, then these groups receive an income transfer at the expense of government subsidies. The PDS’s widespread use here also affects the poor’s entitlements. They then turn to purchase their entitlements from better offs who sell them for a price that is higher than the PDS price but lower than the market price, allowing them to profit from the subsidized grains that were given to them. The PDS models used in Haryana (universal PDS, differential pricing) and Pondicherry (universal PDS, differential quantities), which offer more rights to the poor than the affluent, are preferable to those used in Tamil Nadu in this regard. (Dhanaraj, S., & Gade, S.,2012). By keeping a check on the illegal diversion of food grains, the heavy subsidy burden of the government can be maintained. There has long been a call for a universal PDS. It seems logical to have an open system where more individuals may be added if necessary for such a fundamental right to food.

Conclusion

The mere legality of fundamental human rights does not necessarily guarantee their actual fulfillment, especially when it concerns the underprivileged. Consequently, NFSA needs a fresh strategy now more than ever. Policymakers need to consider why obtaining a right as essential as food should be difficult. The right to food is enshrined in Article 21 of the Indian Constitution, which guarantees the right to life, and it has been interpreted by the Supreme Court of India as encompassing the right to food and other necessities. The NFSA’s inadequate procedural execution is leading to the abrogation of the beneficiaries’ legal substantive rights. India is working towards SDG 1: No Poverty by implementing poverty eradication programs and promoting inclusive economic growth. Additionally, it is addressing SDG 2: Zero Hunger by striving to eliminate hunger, achieve food security, and improve nutrition. The realization of universal PDS can be a step in the right direction. If not, improved targeting must be done immediately.

Image source- New Indian Express

About The Author

Aena Rawal is presently pursuing a Masters in Public Policy degree at the Jindal School of Governance and Public Policy. She has a strong passion for different areas including State and Government, Program Evaluation, Sustainable Development, and Foreign Policy.