RIGHT TO FOOD CAMPAIGN Trainer’s Manual Editors Fr. Nithiya OFM Cap
Transcription
RIGHT TO FOOD CAMPAIGN Trainer’s Manual Editors Fr. Nithiya OFM Cap
RIGHT TO FOOD CAMPAIGN Trainer’s Manual Editors Fr. Nithiya OFM Cap Sr. Mariola B.S. Published by Commission for Justice, Peace and Development CBCI Centre, 1 Ashok Place, New Delhi – 110001 Tel: 011-23366127 Email: rtfcampaign@gmail.com 1 The Commission for Justice, Peace and Development (JPD) of the Catholic Bishops’ Conference of India (CBCI) is committed to building a just and peaceful society inspired by the Gospel and the social doctrines of the Church, through Human Rights Trainings, Peace Initiatives and involvement in the struggles of the society, especially the poor and the marginalised. The Commission has conducted numerous workshops and trainings in different states to social activists, Religious Congregations and NGOs working among the grassroots. It has also initiated Peace programmes in schools and University Colleges. The Right to Food (RTF) Campaign is undertaken by the JPD Commission in seventeen states with a special focus on the Dalit, Tribals, Slum dwellers and Rural poor. This is done in collaboration with the Supreme Court Advisors on RTF, the State Advisors and the Human Rights Law Network (HRLN), NGOs and Grassroots activists. National Team Chairperson: Members: Bishop Yvon Ambroise, Tuticorin Bishop Mathew Arackal, Kanjirapally Bishop Gerald Almeida, Jabalpur Exe. Secretary & RTF Campaign Director : Fr. Nithiya Sagayam OFM Cap National RTF Campaign Coordinator : Sr. Mariola B.S. This book is copy left. Disseminate its contents liberally to empower the poor and the marginalised to obtain their entitlements 2 CONTENTS I. II. III. IV. V. VI. VII. VIII. IX. X. XI. Introduction Abbreviations Background to the Right to Food Case Right to Food Schemes 1. Public Distribution System 2. Antyodaya Anna Yojana 3. Annapoorna Scheme 4. Integrated Child Development Scheme 5. Midday Meal Scheme 6. National Family Benefit Scheme 7. National Maternity Benefit Scheme 8. National Old Age Pension Scheme 9. National Rural Employment Guarantee Act Redress Mechanisms Right to Information Act Ten Commandments on the Right to Food Schemes Building People’s Movement Websites on Right to Food Campaign Contacts of RTF National and State advisors Right to Food network of JPD Commission Page No. 5 7 8 PDS AAY APS ICDS MDMS NFBS MNBS NOAPS NREGA 9 11 12 13 16 18 20 22 24 28 29 34 42 43 44 45 3 Constitutional Provisions Relating to the Right to Food ✦ Article 21: “No person shall be deprived of his life or personal liberty except according to procedure established by law.” ✦ Article 39(a): “The State shall…. direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood…” ✦ Article 47: “ The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties…’ National Food Security Act... ✦ Ensures food security to the poor and vulnerable sections of the society and makes freedom from hunger and malnutrition a fundamental right. ✦ Provides for and asserts the physical, economic and social right of all citizens to have access to safe and nutritious food, consistent with an adequate diet necessary to lead an active and healthy life with dignity…” ✦ Is expanded to a set of beneficiaries including destitute and vulnerable households besides below the poverty line (BPL) families and those eligible under the Antyodaya Anna Yojana. 4 I. INTRODUCTION Untruth cannot be foisted on the masses. The glaring example is the “India shining” slogan that was greeted with outright rejection by the people – just because the slogan did not match the reality. The development or the growth that we find in India today is greatly lopsided, being elusive to a vast majority of the Indian population. Even as the protagonists of mainstream development brag about the ’achievements’ the country has made, every third Indian lives Below Poverty Line; 6000 Children in India die every day due to malnutrition; women are still considered second class citizens; thousands of indigenous people are displaced and driven out of their habitat and millions of dalits are treated as less than human. demands of the Holy Scriptures and the Social Teachings of the Church. She sees the scum of the earth as people with dignity and as rights-holders. In view of ensuring Sarvodaya, the Commission saw the need for empowering the least. Starting with the national training in Rights Based Approach in August 2004, the Commission has organized a series of training programmes in RBA and Advocacy all over the country, thus creating scores of rights-activists and human rights-advocates who are committed to the empowerment of the poorest of the poor in the country. In June 2007, the Commission organized a national level Trainingcum-Workshop on the Right to Food (RTF) for grass roots activists. This landmark training that saw the involvement of the Supreme Court Advisors and State Advisors on RTF resulted in the Commission’s launch of the National Campaign for Right to Food. Development is worth its name only when it is inclusive and Sarvodaya, the welfare of all, is established. And Sarvodaya is possible only when Antyodaya – the welfare of the least, the last and the lost – is taken care of. The CBCI Commission for Justice, Peace and Development through her undertakings gives special focus on Antyodaya. This she does in continuation of the mission and message of Jesus and in compliance with the prophetic This booklet that explains at length the RTF Schemes and the Supreme Court Orders through PowerPoint and 10 Commandments etc is indeed a tool of empowerment for the poorest of the poor – the tribals, the dalit, the slum dwellers and the rural poor – about the food-related Government schemes and the Supreme Court Orders. 5 Fr Nithiya OFM Cap, the JPD Secretary, and Sr Mariola B S, the RTF Coordinator, for their efforts at enabling the marginalized people to claim their Rights. State has the duty to respect, protect and provide for the rights of her people – failing which, the citizens should claim their entitlements through redress mechanisms. The book provides ample information on the use of Right to Information Act in reference to Right to Food. Campaigning and lobbying for justice and peace will become effective only by building people into a movement. Hence a chapter on Movement Building finds a place in this book. The Justice, Peace and Development Commission of the Catholic Bishops Conference of India is happy to be at the service of the millions through this book. Together with the Members of the Commission, I invite every reader to be a partner, a collaborator, in the Commission’s prophetic and liberative mission of creating a just and peaceful society. This book will soon be available in ten Regional languages for wider circulation among the masses. In this nationwide campaign on the Right to Food, the Commission places on record the dedicated services of a team of committed workers. I thank Mr. Biraj Patnaik, Principal Advisor to the Right to Food Case for his sessions and Mr. Thanveer for his inputs on some of the RTF Schemes and Mr. Antony Arulraj for his contribution in the preparation of this booklet. I also thank Mr. Sachin Jain and Fr. James Mascarenhas SJ for their valuable materials which are developed into PowerPoint presentations. Bishop Yvon Ambroise, Chairman CBCI Commission for Justice, Peace and Development “The surest way for evil to triumph is for good people to do nothing.” —Sir Edmund Burke I take this opportunity to acknowledge the great support from the Cordaid of the Netherlands and its team-members: Ms. Stephanie Joubert, Ms. Sabina Atzei and Mr. Frederique Van Drumpt. I commend them on their edifying commitment towards the poorest of the poor. Worthy of my special appreciation and admiration are 6 II. ABBREVIATIONS AAY ACA ANMS APL AWCS BDO BPL CBOS CDPO CEO CIP DSO DT EGS FAE FCI FPS GDP GR ICDS JSY LSG MAVIM MDMS MM MNMBS MT NCAS Antyodya Anna Yojana Additional Central Assistance Auxiliary Nursing & Midwifery Above Poverty Line Anganwadi Centers Block Development Officer Below Poverty Line Community Based Organisation Child Development Project Officer Chief Executive Officer Central Issue Price District Supply Officer Denotified Tribes Employment Guarantee Scheme Food Assisted Education Food Corporation of India Fair Price Shop Gross Domestic Product Gazette Resolution Integrated Child Development Scheme Janani Suraksha Yojana Local Self Government Mahila Arthik Vikas Maha Mandal Mid-day meal Scheme Mahila Mandal Maharashtra for National Maternity Benefit Scheme Million Tones National Centre for Advocacy Studies NCMP NFBS NMBS NOAPS NRHM NSAP NSDP NSSO NT OBC PDS PHC PIL PT PUCL SC SGRY SHG SJSRA SPSS SSA ST TPDS UPA UT UWEP VEC ZP National Common Minimum Programme National Family Benefit Scheme National Maternity Benefit Scheme National Old Age Pension Scheme National Rural Health Mission National Social Assistance Programme National Slum Development Programme National Statistical Survey Organisation Notified Tribes Other Backward Caste Public Distribution System Primary Health Centre Public Interest Litigation Primitive Tribes Peoples Union for Civil Liberties Scheduled Caste Suvarnajayanti Grameen Rojzar Yojana Self Help Group Swarna Jayanti Shahri Rojgar Yojana Statistical Package for Social Sciences Sarva Shiksha Abhiyan Scheduled Tribe Targeted Public Distribution System United Progressive Alliance Union Territory Urban Wage Employment Programme Village Education Committee Zilla Parishad 7 III. BACKGROUND TO THE RIGHT TO FOOD CASE In the Year 2001, a PIL petition was filed at a time when the FCI stores/godowns were overflowing with food grains on one hand and there were reports of the intensified hunger and Starvation in drought affected areas due to the inadequate relief. Development Scheme (ICDS); National Maternity Benefit Scheme (NMBS) and National Family Benefit Scheme (NFBS). The same order also directed Doordarshan and All India Radio (AIR) to adequately publicize various schemes and this order. The basic argument is that the right to food is an implication of the fundamental “right to life” enshrined in Article 21 of the Indian Constitution. The petition argues that Central and State Governments have violated the right to food by failing to respond to the drought situation, and in particular by accumulating gigantic food stocks while people went hungry. If there is no struggle, there is no progress. Those who profess to favour freedom and yet depreciate agitation are people who want crops without ploughing up ground.... - Frederick Douglass The Right to Food case is being heard from 2001 and in the last eight years, the Supreme Court has passed a series of significant and historic interim orders that have touched the lives of millions of people living in poverty. The Supreme Court order dated 28 November, 2001, was related to the eight nutrition related programmes including the Targeted Public Distribution System (TPDS); Antyodaya Anna Yojana (AAY); Mid Day Meal Scheme (MDMS); National Old Age Pension Scheme (NOAPS); Annapurna; Integrated Child 8 IV. RIGHT TO FOOD SCHEMES 1.2. Outline on PDS • Public Distribution System (PDS) is one of the oldest food subsidy programmes in the country. • Rationing was introduced in 1939 by the British Government and the basic framework for the PDS was firmed up in 1942. • Most recent change was the introduction of the Targeted Public Distribution System (TPDS) in 1997. • Targeted Public Distribution System made a distinction between the BPL, Antyoday and APL families. • Distributing food grains and other basic commodities like kerosene and sugar at subsidized prices through FPS. • Every family is supposed to have a ration card. • Each category (APL, BPL, AAY) is entitled to 35 kgs of grains per month but the price is higher for APL households. • BPL families should get Wheat@5 Rs per kg and Rice @6.50 Rs per kg. • Antyodaya families should get Wheat @2 Rs per kg and Rice @3 Rs per kgs. • Gram Sabhas in rural areas and local bodies in urban areas carry out identification from amongst the poor families. And the poorest of the poor in rural and urban areas are issued special AAY ration cards. 1. PUBLIC DISTRIBUTION SYSTEM (Ref: SC Orders of 28 Nov. 2001, 23 July 2001, 2 May 2003, 27 Apr. 2004, 12 July 2006) Public Distribution System helps people Below Poverty Line (BPL) to get essential commodities from Fair Price Shops. 1.1. Historical Overview • Rationing started in 1939 (in Bombay by the British Government) • 1942 – Basic Principles of PDS laid down • 1943 – Rationing in all urban centers (population more than 100,000 started) • 1965 – Food Corporation of India and Agricultural Price Commission started • 1982 – Made part of the 20 Point Programme • 1984 – Ministry of Food and Civil Supplies formed • 1992 – Revamped Public Distribution System initiated • 1997 – Targeted PDS introduced • 2001 – PDS Control Order promulgated by the Govt. 9 1.3. Accountability of PDS dealers Licenses of PDS shop keepers should be cancelled if they • don’t keep their shops open throughout the month. • keep the Ration cards with them. • make false entries in the ration cards. • are engaged in black marketing of grains. • hand over the shop to other persons/organizations. • fail to provide grains to BPL families at BPL rates. 1.4. Operational strategy • PDS is operated under the joint responsibility of the Central and the State Governments. • The Central Government has taken the responsibility for procurement, storage, transportation and bulk allocation of food grains, etc. • The responsibility for distributing the same to the consumers through the network of Fair Price Shops (FPS) rests with the State Governments. • The operational responsibilities including allocation within the State, identification of families below poverty line, issue of ration cards, supervision and monitoring the functioning of FPS rest with the State Governments. 1.5. Strategies for Monitoring • Does the PDS shop open through out the month at prescribed time? • Do all the families in the village have ration cards? • Are the ration cards kept with shopkeeper? • How is the quality of food grains? • Are the rations given in installments? • Whether the per month ration is less than 35kg? • Number of BPL and Antyoday card holders in the village. • Are the rates charged higher than prescribed rates? • Did the beneficiaries complain that they have to pay bribes to receive the BPL/AAY cards? • Is false entry made in ration cards? • Whether the BPL survey or the process of identification of BPL/AAY is true? • Check whether the primitive tribal groups, disabled persons, pregnant and lactating mother, the old and destitute, widows etc have been given the AAY “Every gun that is made, every warship launched, every rocket, fired signifies, in the final sense, a theft from those who hunger and are not fed, those who are cold and are not clothed“ - Dwight D. Eisenhower (1890-1969) 10 • State govt. should ensure that these sections be included in AAY. All ration shops must be open 26 days in a month during fixed hours, the details of which will be displayed on the notice board. • State govt. should provide grains free of cost to those who are so poor that they are unable to lift the quota. • Awareness generation so as to make BPL families aware of their entitlements. • BPL should be eligible for 35kgs of Food grains per month. • AAY card holder should also get 35kgs of food grains per month. 2. ANTYODAYA ANNA YOJANA (AAY) (Ref: SC Orders of 28 Nov. 2001, 23 July 2001, 29 Oct. 2002, 2 May 2003, 20 Apr. 2004 , 17 Oct. 2004) Antyodaya Anna Yojana Scheme targets to ensure the food security for the poorest of the poor. Six priority groups are entitled for AAY card. 2.1. Eligibility The following groups should be placed in AAY Categories: • The aged, infirm, disabled, destitute men and women, pregnant and lactating women. • Widows and other single women with no regular support; • Old persons (aged above 60/65yrs) with no regular support or means of subsistence. • Household where due to old age, lack of physical or mental fitness, social customs need to care for disabled, or other reasons, no adult member is available to engage in gainful employment. • Primitive Tribal Groups 2.3. Check list • Does the PDS shop open throughout the month at prescribed time? • Do all the families in the village have ration cards? • Are the ration cards kept with shopkeeper? • How is the quality of food grains? • Are the rations given in installments? • Is the monthly ration less than 35kg? • Number of BPL and Antyoday card holders in the village. • Are the rates charged higher than prescribed rates? • Did the beneficiaries complain that they have to pay bribes to receive the BPL/AAY cards? 2.2. Obligations of the Government • State govt. should formulate the scheme to extend the benefits of AAY to the destitute persons. 11 3. ANNAPURNA • Is false entry made in ration cards? • Whether the BPL survey or the process of identification of BPL/AAY is true? • Check whether the PTGs, disabled persons, pregnant and lactating mother, the old and destitute, widow etc have been given the AAY (Ref: SC Orders of 28 Nov. 2001, 27 Apr. 2004) Annapurna scheme provides food security to the senior citizens who are 65 years of age or above, who are not getting any support for their livelihood. 3.1. Outline of the Scheme • It was launched in 2000 to cover senior citizens who are 65 years of age or above who though eligible for old age pension under the National Old Age Pension Scheme (NOAPS) are not getting the pension. • The beneficiaries are entitled to 10 Kgs of free food grains per person per month. • From 2002–2003 it has been transferred to State Plan along with the National Social Assistance Programme. • With the pension amount enhanced to Rs. 200/- a month, absence of a matching increase in the entitlement under Annapurna makes it even less lucrative and beneficial and of lower value. 2.4. Redress mechanisms • Find out what is happening In your area regarding the implementation of SC order. • Surveys and informal enquiries can be done for understanding the situation. • Involve the Gram Sabha and all concerned persons of the village in the enforcement of SC orders. • In case of any violation of the SC order start responding at local level. • If it does not work, try to approach the concerned officers. • In case of no responses approach the Collector because collector is bound to register your complaint under the SC order. • The public hearing is one of the good options to draw attention of the public as well as the government. • If no action was taken on your complaint move to the advisor of the SC. 3.2. Supreme Court Orders • As with other food-related schemes, the Supreme Court order of 28th November 2001 calls for prompt implementation of 12 • Make the School children and village committee to be aware of the benefits of this scheme. Annapurna (“the States/Union Territories are directed to identify the beneficiaries and distribute the grain latest by 1st January, 2002”). • Take up grievances related to Annapurna scheme to the local panchayat, Tasildar and the district collector through Right to Information. • As with Old Age Pension Scheme and Family Benefit Scheme, this scheme is not to be discontinued or restricted in any way without the permission of the Supreme Court. “A hungry man is not a free man” 3.3. Issues • Field reports suggest that the coverage is very limited. Occasional reports say that this scheme has been discontinued in some states. Now the NOAPS has been universalised 4. INTEGRATED CHILD DEVELOPMENT SCHEME (ICDS) (Ref: SC Orders of 28 Nov. 2001, 7 Oct 2004, 13 Dec. 2006) ICDS protects the rights of children under 6 Yrs, Pregnant Women, Lactating Mother and Adolescent girls. Their Nutrition, Health and Pre- School education are taken care of through this scheme. • It may not be implemented any more. 3.4. Redress Mechanisms 4.1. Background • Started in the year 1975 to eradicate Malnutrition among children under 6 yrs old and to give a foundation for children’s psychological, physical and social development. • To decrease the instances of infant and child deaths, life threatening diseases, and dropout tradition • Beneficiaries: 0-6 years Children, Pregnant Women, Lactating Mothers and Adolescent girls. • Through the Self Help Groups find out if all deserving persons come under Annapurna Scheme. • Check if every Annapurna card holder gets one’s entitlement of 10kgs of free food grains every month from ration shops. • Make your Grama panchayat select Annapurna beneficiaries at the earliest. 13 4.4. Services • Supplementary Nutrition: For Children, Pregnant and Lactating women and Adolescent girls. • Growth monitoring and promotion – Weighing and recording the growth of children under 6. • Nutrition and Health Education: For the women in the group of 15 to 45 • Immunization: Support to ANM, awareness generation among the parents etc. • Health services: Check-up, monitoring of pregnant women’s health, weighing record, primary care etc. • Referral services: Taking severely malnourished and ill children to the public health services. • Pre- School education: For the children under 6, so that they can join the School based learning system smoothly 4.2. Indian context • 46% of India’s children under six are malnourished; 75% children are anaemic; 6000 children die every day in India due to malnutrition generated or infectious diseases. Severe malnutrition affects the physical and mental development, 80% development takes place in initial 2 yrs of age. 55% women and 53% adolescent girls are anaemic. There are 77,000 maternal deaths every year in India. • This is the one & the only programme for children under six. 4.3. ICDS and Child Rights • Right to Nutrition - Every child has a fundamental right to nutrition, health and education. • Right to survival- The first 6 years are the most crucial period for survival of children. • Right to development- 0-6 years is the most rapid period of child development.80% of brain growth takes place in these 6 years. • Right to Participation –Then only children will be able to be a part of socialization and development processes. • State has to ensure that they are considered as a stakeholder in the decision making process. 4.5. Reasons for Special focus on the ICDS • One and only institutionalised mechanism to address the issues of children under six in India. • India has one of the highest rates of child malnutrition and mortality in the world, with the largest number of malnourished children. 14 4.6. Special Orders • Order on “Anganwadi on Demand”: AWC should be provided within three months in cases where a settlement has at least 40 children under six but no AWC (rural communities and urban slums) • Orders on operationalization of ICDS AWC should give services for the period of 300 days a year. • Order on Provision of Supplementary Nutrition (SNP): Contractors shall not be used for SNP supply. • Local women’s self groups and Mahila Mandals should be encouraged to supply the Supplementary food distributed in AWCs. They can make purchases, prepare the food locally, and supervise the distribution. Slums must be provided with AWCs. • ICDS services should never be restricted to BPL families. Cooked food shall be served at the centres 4.8. Redress mechanisms • Find out what is happening in your area regarding the implementation of SC order. • Surveys and informal enquiries can be done for understanding the situation. • Involve the gram sabha and other institutions like vigilance committee, mahila mandals and all concerned persons of the village in the enforcement of SC orders. • In case of any violation of the SC order, start responding at the local level. • If it does not work try to approach the concerned officers. • In case of no responses approach Collector because collector is bound to register your complaint under the SC Order. • The public hearing is one of the good option to draw attention of the public as well as the government. • If no action was taken on your complaint move to the advisor of the SC. • Get the principle right: Universalisation with quality. • Understand the detailed orders on universalisation and numbers of ICDS Centres, details of entitlements. • Exert pressure on State Governments through local actions in the States. • Exert pressure on the GOI through focussed media advocacy and “events”. 4.7. Check List • Who is supplying the Supplementary nutrition? • Are the children weighed regularly? • Are the health check ups camps being provided in the centre? • Are any referral services provided in the AWC? • Does the ANM visit the AWC regularly for immunization? • Has any child died due to malnutrition in the village? • Is any pre-school education provided in AWC? 15 • Provide assistance for cooked Mid-Day Meal during summer vacations. • Provide assistance to construct kitchen-cum-store in a phased manner up to a maximum of Rs.60,000/- per unit. • Provide assistance in a phased manner for provisioning and replacement of kitchen devices at an average cost of Rs. 5,000/- per school. • Provide assistance to States/ UTs for Management, Monitoring & Evaluation. 5. MIDDAY MEAL SCHEMES (Ref: SC Orders of 28 Nov. 2001, 20 Apr. 2004, 17 Oct. 2004) Midday Meal Scheme attends to the nutritional rights of children from the age of 5 years and promotes both right to food and right to education 5.1. Background • Target: Children of Primary and Middle School. • Boost universalisation of primary education by increasing enrolment, retention and attendance • Improve the nutritional status of children in primary and middle classes • Calories : 300-450, Protein: 8–12 Gms • Micronutrients: Adequate quantities of micronutrients like iron, folic acid, Vitamin A etc. • Supply of free food grains (wheat/rice) at 100 Grams per child per School Day from the nearest FCI (Food Corporation of India) godown • North Eastern states – 1.8 Rs per child per day, other States Rs. 1.5 Per Child Per Day 5.2. Rights Based Approach Midday meals serve many other important purposes, such as • Fostering social equity, promoting school participation, • Preventing classroom hunger, • Facilitating the healthy growth of children, • Intrinsic educational value • A healthy midday meal can protect children from hunger, and provide supplementary nutrition. • Cooked midday meals contribute to the right to education by facilitating regular school attendance and enhancing children’s learning abilities. 16 • As per the December 2004 guidelines, State Governments were expected to issue state-specific guidelines for the scheme. 5.3. Supreme Court Orders • Provide every child in every Govt. and govt. assisted Primary school with a prepared mid day meal with a minimum content of 300 calories and 8-12 Grams of protein each day of school for minimum of 200 days. • These guidelines to have state-specific details of implementation of the scheme, including administrative & logistical arrangements. • Revised norm of Govt. of India (GOI): 450 calories and 12 grams of protein. 5.4. Check List • Preference should be given to Dalits, SC and ST in appointment of cooks and helpers. • Does the School open regularly throughout the month at prescribed time? • Mid day meal should be provided in drought affected areas during summer vacations. • What is the number of children in the School? • GOI shall make provisions for construction of kitchen sheds in every school. • Is cooked meal being served in schools? • Govt. should ensure good infrastructure, safe drinking water and quality of meal. • How is the quality of meal? • What is the menu of the meal? • Does the school have facility of drinking water, kitchen shed and utensils? • There should be joint quality monitoring • FCI should ensure provision of fair average quality of grains for MDM. The state/UTs and the FCI are directed to do joint inspection of food grains. • Do all children sit together while eating the meal? • Are the children getting full meal or not? • No Charges: Meal should be provided without any cost or contribution. 17 5.5. Redress mechanisms • Find out what is happening in your area regarding the implementation of SC Order. • Surveys and informal enquires can be done for understanding the situation. • Involve the Gram Sabha and other institutions like PTA, vigilance committee, Mahila Mandals and all concerned persons of the village in the enforcement of SC orders. • In case of any violation of the SC order, access redress mechanisms at local level first. • If it does not work try to approach the concerned officers. • In case of no responses, approach the Collector because he is bound to register your complaint under the SC order. • The public hearing is one of the good options to draw attention of the public as well as the government. • If no action was taken on your complaint, move to the advisor of the SC. 6. NATIONAL FAMILY BENEFIT SCHEME (NFBS) (Ref: SC Orders of 28 Nov. 2001, 27 Apr. 2004, 18 Nov. 2004) Old Age Pension scheme ensures right to life to the senior citizens. It provides both food security and social security to those above 65 years with no adequate support for livelihood. 6.1. Background • It was implemented as a part of the NSAP in 2005. • In 2002-03 it was transferred to the State Governments and from Centrally Sponsored Scheme to State plan • This is amongst the least priority schemes. • The target is on the effect of deaths of Primary breadwinner (age between18 to 65 years) of BPL families. 6.2. Entitlements • On the death of Primary breadwinner of the BPL family, a lump sum cash of 10000 Rs should be given in case of accidental deaths and 5000 Rs in case of death by Natural causes. • The payment is to be made to the surviving head of the household after a local enquiry. “The worsening scandal of hunger is unacceptable in a world which has the resources, the knowledge, and the means available to bring it to an end.” - Pope Benedict XVI 18 • Involve the Gram Sabha and other institutions like PTA, vigilance committee, Mahila Mandals and all concerned persons of the village in the enforcement of SC orders. • In case of any violation of the SC Order start with redress mechanisms at local level. • If it does not work, try to approach the superior officers. • In case of no responses, approach the Collector because he is bound to register your complaint under the SC Order. • The public hearing is one of the good option to draw attention of the public as well as the government. • If no action was taken on your complaint, move to the advisor 6.3. Supreme court Orders on NFBS • BPL families should be paid 10000 Rs within four weeks through local sarpanch when the breadwinner dies. • The scheme is not to be discontinued or restricted without the permission of SC. 6.4. Check list • How many BPL families in the village who lost their earning member have got the benefits? • How many cases are pending? • Was an application filed or not? • Was the benefit given within four weeks of the death? • Did the family get the full amount of Rs 10,000/- ? • The number of families who have applied for the Scheme but have not been included in the list? of the SC. 6.5. Redress mechanisms • Find out what is happening in your area regarding the implementation of SC Order. • Surveys and informal enquiries can be done for understanding the situation. As I have said before, the ever more sophisticated weapons piling up in the arsenals of the wealthiest and the mightiest can kill the illiterate, the ill, the poor and the hungry, but they cannot kill ignorance, illness, poverty or hunger” – Fidel Castro 19 • The guidelines did not retain the objective of ensuring food security for all pregnant BPL women unencumbered by any other conditionality. 7. NATIONAL MATERNITY BENEFIT SCHEME (NMBS) (Janani Suraksha Yojana – JSY) (Ref: SC Orders of 28 Nov. 2001, 22 Apr. 2004, 9 May 2005, 11 Nov. 2007) 7.2. NMBS and JSY • The NMBS was merged into the Janani Suraksha Yojana (scheme for promoting institutional deliveries.) As a result many women who are eligible for NMBS and had a home delivery were not getting benefit. But the SC Order of 20 November, 2007 clarified that NMBS must continue. • Calculations in the Sixth Report of the Commissioners showed that on an average nearly 65.5% of the eligible beneficiaries under NMBS would get zero direct cash assistance under JSY, because they would be debarred by the eligibility requirements introduced by JSY. • In response to the intervention by the Commissioners, a letter communicating the following modifications to the Janani Suraksha Yojana was sent to the Commissioners • Rs. 500/- will be paid to all pregnant eligible BPL women irrespective of place of delivery under JSY and also it is not mandatory that the benefits are given only after ante-natal check ups. Maternity Benefit Scheme meets the maternity needs of BPL families during pregnancy and after delivery. This reduces maternal and infant mortality through increased health services. 7.1. Background • The scheme was launched on 15th August 1995, as a part of NSAP and later transferred to the Health Ministry in the year 2001. • Under NMBS, pregnant women, above 19 years, from BPL families are entitled to lump-sum cash assistance of Rs. 500, up to two live births, 8–12 weeks before delivery. • The National Maternity Benefit Scheme was modified into a new scheme called Janani Suraksha Yojana (JSY) and launched with effect from 12th April, 2005. • The objectives of the JSY are reducing maternal mortality/ infant mortality through increased delivery at health institutions while the focus of the NMBS was provision of maternity benefits. 20 • Women who have institutional delivery will be paid a higher amount. • In low performing states, the age bar and restriction of number of births for which assistance is provided under NMBS, have been removed. For institutional delivery BPL criterion has been removed. • Given the frequent changes and low priority of the scheme to many state governments, the scheme had become almost non-functional in many states. • Is the time taken to sanction of benefit after submitting the application too long? • Who disburses the cash assistance to the beneficiary? • Is the Gram Sabha involved in identifying the beneficiaries? • If yes, then have the people who have been recommended by the Gram Sabha received the benefit? • List out the people who are eligible but did not receive the benefits. 7.5. Redress mechanism • Find out what is happening in your area regarding the implementation of SC order. • Surveys and informal enquiries can be done for understanding the situation. • Involve the AWW, ANM, ASHA,MPW, Gram Sabha and all concerned persons of the village in the enforcement of SC orders. • In case of any violation of the SC Order, start with redress mechanisms at local level. • If it does not work try to approach the superior officers. • In case of no responses, approach the Collector because collector is bound to register your complaint under the SC Order. 7.3. Supreme court orders • NMBS should not be restricted or discontinued in any way. • It should be ensured that the BPL pregnant women get cash assistance 8-12 weeks prior to the delivery. • The amount shall be Rs 500 per birth irrespective of the number of children and the age of the women. 7.4 Check List • Do Women of BPL families get the Benefit of NMBS? Do all beneficiaries get Rs.500? • Did they get it 8-12 weeks prior to delivery? If not when did they get the benefit? • Did the beneficiaries complain that they had to pay bribes to receive the benefit? 21 • The public hearing is one of the good options to draw attention of the public as well as the government. • If no action was taken on your complaint, move to the advisor of the SC. • NOAPS was started in 1995 as part of NSAP and at that time the quantum of benefit was fixed at Rs. 75 per month per pensioner. • The three eligibility criteria laid out for the scheme include BPL Status, Destitute status and above 65 years of age “Peace begins when the hungry are fed ” 8.2. Revision of Assistance • In the financial year 2006–2007, the central contribution to the pension amount under NOAPS has been increased from Rs. 75/- to Rs. 200/- per month per pensioner and it was recommended states should contribute an equal amount. • It reduced the no. of beneficiaries using 28% poverty estimate. • The GOI allocates funds for only 50% of the people below poverty line. -Anonymous 8. NATIONAL OLD AGE PENSION SCHEME (NOAPS) (Ref: SC Orders of 28 Nov. 2001, 27 Apr. 2004, 18 Nov. 2004) Family Benefit Scheme attends to the Food security of BPL families on the death of primary breadwinner of the family. It supports the dependents of the diceased. 8.3. Supreme Court Orders • State Govt. should complete the identification of persons entitled to pensions under NOAPS and it should ensure that the pensions are paid regularly. • Payment of pension is to be made by the 7th day of the month. • The scheme must not be discontinued or restricted without the permission of Supreme Court. 8.1. Background • This issue relates to the exclusion of the Old (65 years and above) from the society. • The old: One of the most neglected social group. • In 2002-03 it was transferred to the State Governments and from Centrally Sponsored Scheme to State plan. • It is the first and by far the most significant scheme implemented at the national level to address the basic survival needs of the aged destitute in the country. 22 • Involve the AWW, ANM, ASHA,MPW, Gram Sabha and all concerned persons of the village in the enforcement of SC orders. • In case of any violation of the SC order start with the redress mechanism at the local level. • If it does not work try to approach the concerned officers. • In case of no responses, approach the Collector because collector is bound to register your complaint under the SC Order. • The public hearing is one of the good options to draw attention of the public as well as the government. • If no action was taken on your complaint, move to the advisor of the SC. 8.4. Check List • The total of Aged people in the village; Number of pensioners in the village. • Regularity in distribution of pension. Do BPL aged 65 years and above get the Benefit of NOAPS? • What amount of pension do they receive? Do they get the same amount of pension every month? • Who disburses the pension to the beneficiary? Do they receive the benefit before 7th of every month? • Do the beneficiaries complain that they have to pay bribes to receive the benefit? • Number of people who have applied for the pension but their names have not yet been included in the list. • Is the Gram Sabha involved in identifying the beneficiaries? • If yes, then the people who have been recommended by the Gram Sabha received the benefit? 8.5. Redress mechanism • Find out what is happening in your area regarding the implementation of SC order. • Surveys and informal enquiries can be done for understanding the situation. “There are people in the world so hungry, that God cannot appear to them except in the form of bread.” - Gandhi 23 9.2. Specific Elements of NREGS • Eligibility: Anyone above the age of 18 residing in rural areas • Entitlement: Any applicant is entitled to work, for as many days as he/she has applied, subject to a minimum of 100 days per household per year. • Distance: Within a radius of 5 kilometres of the applicant’s residence if possible, and in any case within the Block. If work is provided beyond 5 kilometres, travel allowances have to be paid. • Wages: Statutory minimum wage applicable to agricultural labourers in the state, unless and until the Central Government “notifies” a different wage rate. If the Central Govt. notifies, it is subject to a minimum of Rs 60 per day. • Timely payment: Weekly, or in any case not later than a fortnight. Payment to be made directly to the person concerned in the presence of independent persons of the community on pre-announced dates. 9. NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME – NREGS (Ref: National Rural Employment Guarantee Act, 2005) Rural Employment Guarantee Scheme tackles the problem of unemployment in the country especially in rural areas through local participation in planning, implementing and evaluating the work undertaken. 9.1. Background • The National Rural Employment Guarantee Act 2005 is a law whereby any adult who is willing to do unskilled manual work at the minimum wage is entitled to being employed on public works within 15 days of applying. • NREGS is to provide livelihood and to create sustainable assets • Job cards will be issued for a period of 5 Years and then will be renewed by the panchayat • BPL Census-2003 (not the BPL list) will be the base for issuing Job cards • Work will be provided on the First Come, First Serve basis • The entitlement of a family can be divided into all the eligible members of the family • Work will be provided also to the persons with disabilities • 50% work will be implemented by the Panchayat • If work is not provided within 15 days, he/she is entitled to an unemployment allowance. 9.3. Further Details NREGS • Employment Guarantee Scheme: Each state government has to put in place an “employment guarantee scheme” (EGS) within six months. 24 • Permissible works: Water conservation, minor irrigation, land development, rural roads, etc. However, “any other work which may be notified by the Central Government in consultation with the State Government” is allowed. • Programme Officer: The EGS to be coordinated at the Block level by a “Programme Officer”. • Implementing agencies: Gram Panchayats (half of the EGS works), other PRIs, line departments (PWD, Forest Dept.) and NGOs. • Contractors: Private contractors are banned. • Decentralised planning: A shelf of projects is to be maintained by the Programme Officer, based on proposals from the implementing agencies. Each Gram Panchayat is also supposed to prepare a shelf of works based on the recommendations of the Gram Sabha. • Transparency and accountability: Regular social audits by the Gram Sabhas. There will be a vigilance committee at the village level. All the information and records relating to bills, vouchers, Employment status, Unemployment wages, paid amount, Muster rolls, vigilance committee report will compulsorily be presented to the gram sabha every 3 months. 9.4. Important Provisions • Redress mechanism: “whoever contravenes the provisions of this Act …liable to a fine which may extend to one thousand rupees”. • Cost sharing: Central Government will pay for labour and 75% of material costs. State governments pay unemployment allowance and 25% of material costs. • Time frame: initially in 200 districts, to be extended to the whole of rural India. • Other Provisions: 33% Reservation for Women, Unemployment allowance and Minimum facilities at work place/sites such as safe drinking water, shelter, minimum health facilities and child care 9.5. Social Audit • All efforts should be made to ensure transparency and accountability • All accounts and records relating to work shall be made available for public scrutiny • A copy of Muster Rolls of every work shall be made available in the office of PO & GP for inspection by any person after paying a fee 25 • The DPO, PO & GP shall prepare annual report containing the facts and figures and achievements relating to scheme within its jurisdiction; All the above documents shall be made available to the public on demand and on payment of prescribed fees. • Sanction and disburse the unemployment allowance. • Sanction projects to be taken up by the Gram Panchayats as well as by other implementing agencies within the jurisdiction of the Programme Officer. • Monitor the projects taken up by the Gram Panchayats and other implementing agencies within the Block. • Keep a copy of the muster rolls available for inspection “by any person interested”. • Ensure that regular social audits of all works are carried out by the Gram Sabha. • Deal promptly (within seven days) with any complaint that may arise in connection with the implementation of the Scheme. • Prepare an annual report on the implementation of REGS in the Block. • Assist the “Intermediate Panchayat” in discharging its functions under the Act. • Any other work that may be assigned to the Programme Officer by the District Programme Coordinator or the State Government. 9.6. Functions of the duty bearers of NREGS A. Responsibilities of the Block Officer • Ensure that every applicant is provided unskilled manual work in accordance with the provisions of the Scheme within fifteen days. • Prepare a plan for the Block by consolidating the project proposals prepared by the Gram Panchayats and other implementing agencies. • Match the demand for employment with the employment opportunities available in the Block. • Receive applications for work and issue a dated receipt to the applicant. (This responsibility is shared with the Gram Panchayat.), Notify applicants to report for work. (This responsibility is also shared with the Gram Panchayat.) • Ensure prompt and fair payment of wages to all labourers employed under REGS. 26 B. • • • • • • Implement works that have been sanctioned by the Programme Officer. • Make all relevant documents available to the Gram Sabha for the purpose of social audits. • Keep a copy of the muster rolls available for public scrutiny at the Panchayat office. • Prepare an annual report on the implementation of the Scheme. Responsibilities of the Intermediate Panchayat Send “proposals” of works to be taken up under REGS to the Programme Officer. Implement projects that have been sanctioned by the Programme Officer. Approve the Block Plan and forward it to the District Panchayat for final approval. Supervise and monitor the projects taken up at the Gram Panchayat and Block level. Any other duties that may be assigned to the Intermediate Panchayat by the State Council. D.Responsibilities of the Gram Sabha • Recommend “projects” to the Gram Panchayat and make recommendations to the Gram Panchayat for the “development plan” and “shelf of possible works”. • Monitor the execution of works within the Gram Panchayat. • Conduct regular social audits of all the projects taken up within the Gram Panchayat. C. Responsibilities of the Gram Panchayat • Prepare a development plan and maintain a shelf of possible works to be taken up under REGS, taking into account the recommendations of the Gram Sabha. • Register those who are willing to work under REGS and issue a job card to them. • Receive applications for work and issue a dated receipt to the applicant. • Allocate work opportunities among the applicants and ask them to report for work. • Display a list of persons who are being provided with work on its notice board. “ When you give food to the poor, they call you a saint.When you ask why the poor have no food, they call you a communist.” - Archbishop Helder Camara, Brazilian liberation theologian 27 V. REDRESS MECHANISMS ON RIGHT TO FOOD SCHEMES (Ref: 8th May 2002) 1. 2. “The Gram Sabhas are entitled to conduct a social audit into all Food/ Employment schemes and to report all instances of misuse of funds to the respective implementing authorities, who shall on receipt of such complaints, investigate and take appropriate action in accordance with law.” Development, Government of India, shall function as Commissioners of this Court for the purpose of looking into any grievance that may persist ” “On a complaint being made to the CEO/Collector regarding non-compliance of the orders of this Court the Concerned CEO/Collector shall record the salient features of the complaint in a register maintained for this purpose, acknowledge receipt of the complaint and forthwith secure compliance with this Court’s order.” 3. “The CEO/Collector of all the Districts shall scrutinize the action taken by all the implementing agencies within their jurisdiction to ensure compliance with this court’s orders and report to the Chief Secretary.” 4. The Chief Secretary of the State will ensure compliance with the order of this Court.” 5. “Dr. N.C. Saxena, former Planning Secretary, Government of India, and Mr. S.R. Shankaran, former Secretary, Rural 6. “On the Commissioner’s recommending a course of action to ensure compliance with this Court’s order, the State Government/UT administrations, shall forthwith act upon such recommendation and report compliance.” 7. “The Commissioners shall be at liberty to take the assistance of individuals and reliable organizations in the State and Union Territories to bring about effective monitoring and implementation of the order of this Court.” 8. “The Gram Sabhas are empowered to monitor the implementation of the various schemes . The Gram Sabhas can raise their grievances in the manner set out above” “Non-cooperation with evil is as much a duty as cooperation with good.” —Mahatma Gandhi 28 Devinder S National F VI. RIGHT TO INFORMATION ACT 2005 • The citizens have right to receive information. The people of this country have a right to know every public act, everything that is done in a public way, by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearing. • The supreme court held that the freedom of speech and expression includes the right to acquire information and to disseminate and impart it. VI. 1. Freedom of Expression • Right to voice one’s opinion • Right to seek information and ideas • Right to receive information • Right to impart information • The Right to Information is the key to Democracy and Development. • The free flow of information remains severely restricted by three factors: • The Official Secrets Act, 1923 • The culture of secrecy and arrogance within the bureaucracy • The low levels of literacy and rights awareness amongst our people. VI. 3. History of the Right To Information Act 2005 • Introduced in Parliament December – 2004; Passed in Parliament May 2005; Assent of the president 15th June 2005; Gazette on 21st June 2005 ; cames into force fully 12th October 2005 • Objectives of the Act is to promote transparency and accountability in the working of every public authority and to set up a practical regime of right to information for citizens to secure access to information that is under the control of public authorities. VI. 2. Constitutional Principle • Article 19 1(a) right to freedom of speech and expression comprehends right to know, and right to receive information regarding matters of public concern. This right also emanates from the preamble to our constitution which secures to all its citizens liberty of thought and expression. 29 VI. 6. From whom information can be obtained? VI. 4. What is Information? • Material in any form including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. • Information relating to any private body which can be accessed by a public authority under any other law for the time being in force. • Any document, manuscript or file; • Any microfilm, microfiche and facsimile copy of a document; • Any reproduction of image or images embodied in such micro-film (whether enlarged or not); and • Any other material produced by a computer or any other device. “Public Authority” means any authority or body or institution of self-government established or constituted: a. by or under the Constitution; b. by any other law made by State Legislature; c. by notification issued or order made by the appropriate Government, and includes(i) any body owned, controlled or substantially financed; (ii) non-Governmental organisation substantially financed, directly or indirectly by funds provided by the appropriate Government; When I was hungry, you did not feed me. When I was thirsty, you did not give me to drink... Therefore you are cursed to the eternal fire – Mathew 25/41 VI. 5. How Information can be obtained? • By Inspection of work, documents, records; • By Taking notes, extracts or certified copies of documents or records; • By Taking certified samples of material; • By Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device. VI. 7. Important Features of the Act • Information which cannot be denied to parliament or a State Legislature shall not be denied to any person. Sec 8(1)(J) • Information to be furnished within 30 days of receipt of the application. 30 1. E an 2. P an di 3. Is po • Refusal to accept application without reason cause is an offence VI. 8. Exemptions . • Fine of Rs.250/- per day till the application is received up to maximum of Rs.25,000/- and also recommend disciplinary action. Sec 20(1). • Information, disclosure of which prejudicially affect the sovereignty and integrity of india, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; • In case of information concerning life or liberty of person, information to be provided within 48 hours. • Forbidden by court • Assist the citizens making oral request for information to write applications. • Breach of privilege of Parliament or the State Legislature; • Commercial confidence, trade secrets or intellectual property, etc., • Application may be submitted by post. • Applications may be in Hindi, English or in any language • Fiduciary relationship • Information received from foreign Government • Information that will endanger the life or physical safety of any person • Information that will impede the process of investigations • Cabinet papers until the decision is taken • Personal information • Reason for requesting information need not be given ·• Receipt for receiving the application to be issued. • The application can be rejected only with written reasons. • Disabled persons have to be assisted to access information. • Appeals to be disposed of within 30 days – 15 days extendable with reasons. • Burden of proof lies on the Public Information Officer to justify his / her decision. • The Jurisdiction of courts are barred. Only the High Court and the Supreme Court have power to look into the matter. Since the same relates to fundamental rights of citizens “There is no peace without justice” – Pope John Paul II 31 VI. 9. Authorities under the Act VI. 10. Obligations of Public Authorities • Central Public Information Officer (CPIO) 1. • Central Assistant Public Information Officer (CACPIO) • State Public Information Officer (SPIO) • State Assistant Public Information Officer (SAPIO) • Designated Senior Officer (DSO) - To look into cases of refusal on appeal to the Departmental Appellant Authority (DAA) • Central Information Commission (CIC) -To look into cases were the citizens are unsatisfied with the decision of the DAA. The SIC has powers and responsibilities to monitor complaints under the act and submit annual report to the Parliament. Consist of Central Chief Information Commissioner and Information Commissioners not exceeding 10. • State Information Commission (SIC) - To look into cases were the citizens are unsatisfied with the decisionof the DAA.The SIC has powers and responsibilities to monitor complaints under the act and submit annual report to this State Legislature. SIC consists of State Chief Information Commissioner and Information Commissioners not exceeding 10. 32 Every public authority shall: • Maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated; • Publish within 120 days from the enactment of this Act, • the particulars of its organisation, functions and duties; • the powers and duties of its officers and employees, • the procedure followed in the decision making process, including channels of supervision and accountability; • the norms set by it for the discharge of its functions; • the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; • a statement of the categories of documents that are held by it or under its control; • particulars of recipients of concessions, permits or authorizations granted by it; • details in respect of the information, available to or held by it, reduced in an electronic form; • the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; • the names, designations and other particulars of the Public Information Officers; such other information as may be prescribed; • publish all relevant facts while formulation of important policies or announcing the decisions which affect public; • provide reasons for its administration or quasi-judicial decisions to affected persons. • It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause.(b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information. • For the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public. • the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; • a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; • a directory of its officers and employees; • the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; • the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; • the manner of execution of subsidy programmers, including the amounts allocated and the details of beneficiaries of such programmes; 33 • All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed. VII. TEN COMMANDMENTS ON THE RIGHT TO FOOD SCHEMES VII.1. TEN COMMANDMENTS ON PUBLIC DISTRIBUTION SYSTEM (PDS) (Ref: SC Orders of 28 Nov. 2001, 23 July 2001, 2 May 2003, 27 Apr. 2004, 12 July 2006) 1. The Government shall make essential commodities available through public distribution system (PDS) at subsidized prices through “Fair Price Shops” (FPS) or ration shops. 2. You shall apply for and own a ration card to enjoy the benefits of PDS. 3. Below Poverty Line (BPL) and Above Poverty Line (APL) households shall be entitled to 35 kgs of grain per month. 4. Every Ration shop shall remain open 6 days a week and 8 hours a day. 5. The licenses of PDS dealers and shop-keepers shall be cancelled if they (a) do not keep their shops open 6 days a week and 8 hours per day (b) fail to provide grain at BPL rates; (c) retain BPL cards; (d) make false entries in the BPL cards;(e) engage in black-marketing the provisions from FPS. No one has a right to sit down and feel hopeless. There is too much work to do. -Dorothy Day 6. You are entitled to buy the ration also in instalments. 34 VII.2. TEN COMMANDMENTS ON ANTYODAYA ANNA YOJANA (AAY) (Ref: SC Orders of 28 Nov. 2001, 23 July 2001, 29 Oct. 2002, 2 May 2003, 20 Apr 2004, 17 Oct. 2004) 7. The shopkeeper should lift the Ration and provide to the BPL households in the first week of the month. 8. The FPS dealer shall display the date of arrival of commodities, issue price and the stock position of each day. 1. The aged, infirm, disabled and destitute men/women, pregnant and lactating women and primitive tribes shall be eligible for Antyodaya Anna Yojana (AAY) cards. 2. You shall make sure that widows and other single women with no regular support get AAY card. 3. You shall make sure that elders (aged 60 and above) with no regular support and no assured means of subsistence also get AAY card 4. The households with a disabled adult and no assured means of subsistence shall be eligible for AAY card 5. The households where due to old age, lack of physical or mental fitness, social customs, need to care for a disabled, no adult member is available to engage in gainful employment outside the house shall be eligible for AAY card 6. You shall give priority to the poorest of the poor in your area by helping them to get their AAY cards. 7. Possession of a BPL card is not necessary for inclusion in the AAY category. 9. You shall demand Receipts for your every purchase at the ration shops. 10. You shall enter your complaints if any, in the Complaint Book that should be visibly kept at every ration shops. “Whenever a great army is formed, hunger and evil follow.” —Book Of Tao 35 8. The Gramasabha / local body shall identify the ‘poorest of the poor’ (Antyodaya) families and issue AAY cards. 9. Every Ration shop shall maintain ration card register, stock register and sale register details which will be available to anyone. 10. You shall collectively take up the grievances to the Local Panchayat, Taluk food supply officer, the Tasildar and District Collector through Right to Information. 5. You shall know that once NOAPS has been universalized Annapurna scheme may not be continued. 6. Annapurna card holders shall claim grains from Ration shops. 7. You shall take responsibility for the elderly and obtain Annapurna card for each eligible person. 8. You shall take up grievances related to Annapurna scheme to the local panchayat, to Tasildar and to the district collector through Right to Information. 9. Annapurna Scheme shall not be discontinued or restricted without the permission of Supreme Court. 10. Every Annapurna Scheme beneficiary should be Below Poverty Line. VII.3. TEN COMMANDMENTS ON ANNAPURNA SCHEME (APS) (Ref: SC Orders of 28 Nov. 2001, 27 Apr. 2004) 1. All destitute persons aged 65 years or older who are not covered under the National Old Age Pension Scheme (NOAPS) shall be eligible for Annapurna Scheme. 2. Every Annapurna card holder is entitled to 10kgs of free food grains every month from ration shops. 3. Elderly person with Annapurna Card shall also be provided emergency food security. 4. Every Grama panchayat shall select Annapurna beneficiaries after wide publicity. VII.4. TEN COMMANDMENTS ON MIDDAY MEAL SCHEME (MDMS) (Ref: SC Orders of 28 Nov. 2001, 20 Apr. 2004, 17 Oct 2004) 1. Every child in every Government and Government aided school shall get free midday meal. 2. The midday meal shall be nutritious, clean, hot cooked 3. Every meal shall consist of a minimum content of 450 calories and 12 grams of protein along with safe drinking water. 4. The Midday meals shall be provided to the children free of cost. 36 VII.5. TEN COMMANDMENTS ON INTEGRATED CHILD DEVELOPMENT SCHEME (ICDS) (Ref: SC Orders of 28 Nov. 2001, 7 Oct. 2004, 13 Dec. 2006) 5. Midday meals shall be provided each day of school for a minimum of 200 days in a year; in drought affected areas, it shall be supplied throughout the summer vacations. 6. In appointment of cooks and helpers for Midday meals, preference shall be given to Dalits, Scheduled Castes and Scheduled Tribes. 7. Provisions shall be made for the construction of kitchen sheds, better infrastructure and improved facilities including facilities for drinking water. 8. The Government shall provide assistance to construct Kitchen cum store with Rs.60000 per unit and Rs.5000 per year for replacements. 9. The Gram sabha and school management and Village Education Committee shall monitor quality of food and infrastructures, utlisation of funds and complain any misuse to the education department and district collector. 10. The School administration shall remove caste prejudice by teaching children to sit together and share the midday meal. 1. 2. 3. 4. 5. 6. 7. Poverty is the worst form of Violence – Gandhi Every rural or urban hamlet with more than 40 children under the age of six shall be entitled to an “anganwadi on demand” You shall demand one ICDS centre or Anganwadi Centre (AWC) for 300 – 800 population in tribal areas or for 400 - 800 population in plain, rural and urban areas. All SC/ST habitations in the country shall have AWCs Children up to 6 years shall be entitled to 300 calories and 810 grams of protein and adolescent girls to 500 calories and 20-25 grams of protein per day; Pregnant and nursing mothers shall be entitled to 500 calories and 20-25 grams of protein per day and per head for 300 days in a year, under ICDS Scheme. All Undernourished/Malnourished Children – irrespective of Caste and Religion – shall be entitled to 600 calories and/or special nutrients on medical recommendation. Local women’s SHGs and Mahila Mandals shall be encouraged to supply supplementary food distributed in Anganwadi Centres and private contractors shall be banned from supplying the supplementary nutrition for ICDS. 37 2. 8. The ICDS centres shall be used also for Immunization, Health education, Pre-School education and Supplementary nutrition to the beneficiaries. 9. Every ICDS Centre shall maintain the health registers such as, weight of the Children, Medical check up of Child and Mother and Immunization Cards. 10. You shall report to District Collector, District Project Officer and Director of ICDS in case of grievances. 3. 4. If a brother or sister lacks food and one of you says, “go in peace,” and yet do not supply their bodily needs, what is the good of that? Faith if it has no works is dead. -James 2/15-17 5. 6. VII.6. TEN COMMANDMENTS ON NATIONAL MATERNITY BENEFIT SCHEME (NMBS) (Ref: SC Orders of 28Nov. 2001, 22 Apr. 2004, 9 May 2005, 11 Nov. 2007) 1. 7. 8. All pregnant women Below Poverty Line (BPL) shall be given a one time payment of Rs. 500/- 8–12 weeks prior to delivery for each birth irrespective of the age of women. 38 The Women’s group and SHGs shall identify the beneficiaries of NMBS,which is also called as Janani Suraksha Yojana (JSY), in their locality while the Gram sabha should appeal to the authorities for the same. The JSY shall integrate cash assistance with antenatal care during the pregnancy period, institutional care during delivery and immediate post-partum period in a health centre through health worker. Mothers shall be eligible to receive financial assistance of Rs.1400 in rural area and Rs.1000 in urban areas, after institutional delivery. The amount shall be paid by Primary Health Centre (PHC) or the local Sarpanch or panchayat president. The payments shall be made in one installment and should be given to mothers at the time of discharge from the hospital/ health centre. The PHC or Government Hohspitals shall display the list of NMBS beneficiaries along with the date of cash disbursement on the display board. Any grievances with regard to delay of this benefit shall be complained to the District Collector through Right to Information Act. 9. All pregnant mothers shall be eligible to be registered, receive three antenatal care, two post delivery visits and arranged referral transport 10. The details of JSY Beneficiaries shall be displayed on all Panchayat buildings, ICDS centres, public health centres and block & district hospitals. 3. NOAPS pension shall be paid by the 7th day of each month 4. The list of beneficiaries of this scheme is to be displayed on the village notice board. 5. You shall ensure that no eligible pensioner’s name is omitted from the list. 6. You shall submit the application for NOAPS to the Panchayat Office and to the Collector with a report from Panchayat. 7. You shall ensure no bribe is paid or collected for selection of a NOAPS beneficiary. 8. With the use of RTI, you shall know how much budgetary allocation for the NOAPS beneficiaries of your area and claim the same for the elders. 9. You shall involve the Gram Sabha, Mahila Mandals and the vigilance committee to enforce the Orders regarding NOAPS. 10. You shall appeal to the District Collector or equivalent authority for redress of NOAPS related grievances. Let us destroy this universe if a single person has no food to eat -Bharathiyar, Tamil poet VII.7. TEN COMMANDMENTS ON NATIONAL OLD AGE PENSION SCHEME (NOAPS) (Ref: SC Orders of 28 Nov. 2001, 27 Apr. 2004,18 Nov. 2004) 1. 2. Any poor persons aged 65 years and above shall be eligible for the National Old Age Pension Scheme. The Central Government shall provide for Rs. 200/- per pensioner per month. And each state is urged by the centre to contribute an equal amount for the same. “To know what is right and not to do it is the worst cowardice.” -Confucius 39 VII.8. TEN COMMANDMENTS ON NATIONAL FAMILY BENEFIT SCHEME (NFBS) (Ref: SC Orders of 28 Nov. 2001, 27 Apr. 2004, 18 Nov. 2004) 1. 2. 3. 4. 5. 6. 7. 8. 9. You shall approach the District Collector for redress of any NFBS related grievances. 10. You shall demand the status of your NFBS application through RTI sent to the district Collector. You shall ensure that National Family Benefit Scheme (NFBS) provide for lump-sum cash assistance of Rs 10,000 to BPL families on the death of a primary breadwinner, if he or she is aged between 18 and 65 years. A lump sum cash of Rs 5,000/- shall be given in case of death by natural causes Death certificate shall be obtained before applying for NFBS. The entire sum of Rs. 10,000/- shall be paid to the surviving head of the household within four weeks of the breadwinner’s death through the local Sarpanch You shall approach authorities through RTI in case the amount has not arrived within four weeks to the family. The payment shall be made in one payment and in full with no bribe or commission to anyone. The Gram Sabha, vigilance committee, Mahila Mandals shall ensure the implementation of NFBS. The school children shall be informed of the NFBS in view of reaching this scheme to the society at large through their parents. “No peace without Human Rights” VII.9. TEN COMMANDMENTS ON THE NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME (NREGS) (Ref: The National Rural Employment Guarantee Act 2005) 1. 2. 3. 4. 5. 6. 40 Every rural household with unskilled labourers shall get 100 days of work every year through NREGS. Any person who is above the age of 18 and resides in rural areas shall be entitled for a job One third of the job shall be given to women on priority basis. The Job-card with validity for five years shall be provided free of cost within15 days of registering. Unemployment allowance shall be given to the worker if he or she does not get job in 15 days. Every worker shall be entitled to the statutory minimum wage applicable to agricultural labourers in the state. 7. You shall demand that job be provided within 5 km radius. The worker shall be entitled to 10% of minimum wage as travel allowance if work is given outside 5 km radius. 8. The labourers shall be entitled to various facilities at the worksite such as clean drinking water, child-care, shade for periods of rest, and emergency health care. 9. If a person employed under NREGA dies or becomes permanently disabled, the legal heirs of the deceased or the disabled shall get Rs.25000 from the Central government 10. Through RTI you shall obtain all NREGS-related documents like Muster rolls, budgetary allocation, minutes of the meeting of the Grama Sabha, report of social audit etc. 3. Regarding Mid Day Meal Scheme, you shall take your grievances to the Education Officer, Block Development Officer (BDO) and Collector 4. For ICDS you shall take your complaints through RTI to Chief Development Programme Officer (CDPO), BDO and Collector. 5. For Maternity Benefit scheme you shall take your complaints to the Medical officer at the PHC and BDO. 6. The Gram Sabhas shall conduct a social audit into all Food/ Employment schemes 7. The authorities concerned shall investigate all misuse of Food Schemes and take appropriate actions. 8. The District Collector/CEO and Chief Secretary of the State shall record the complaint and give a written receipt for the same and take necessary action. 9. You shall take up, alone or in group, your grievances to the implementing officers of the food schemes. 10. You shall make use of RTI to know the working conditions of the schemes, the list of beneficiaries under every scheme and the funds allotted for the various schemes and programmes in your area. That government is best that governs the least VII.10. TEN COMMANDMENTS ON REDRESS MECHANISMS 1. 2. You shall make complaint through Right to Information Act (RTI) to the Taluka Supply Officer, Tahsildar and District Collector for schemes concerning PDS, Antyodaya and Annapoorna You shall complain to the Tahsildar and District Collector for complaints regarding National Family Benefit Scheme, Pension Scheme (NOAPS) and NREGS 41 VIII. TEN COMMANDMENTS ON BUILDILNG PEOPLE’S MOVEMENT 1. You shall Identify incidents of Human Rights Violations and frame them into issues. 2. You shall collect necessary and relevant information. 3. You shall mobilize interested persons and groups to collaborate with you in this issue. 4. You shall network with individuals and organisations through effective campaigns. 5. You shall forge alliances with like minded organisations and grass roots activists together with respective Government Officials. 6. You shall plan effective campaigns non-violently but assertively in presenting the issues. 7. You shall have a team of committed news reporters and involve the media in all your undertakings. 8. You shall build pressure on the legislature with the help of Human Rights Activists and lawyers. 9. You shall always establish contacts with bureaucrats and elected Govt. Representatives through effective lobbying. 10. You shall monitor, and critically evaluate your activities periodically and move to the next strategies. “Even the weak become strong when they are united.” -Johann Friedrich Von Schiller 42 IX. WEBSITES ON RIGHT TO FOOD CAMPAIGN For further and detailed information on the food schemes, research tools, primers, campaign material and data on coverage and allocations you can visit the following websites: 1) Commissioners’ Office to the Supreme Court: www.sccommissioners.org 2) Right to Food Campaign: www.righttofoodindia.org 3) Human Rights Law Network:http://hrln.org 4) Government Websites: The Websites of the Departments of the Government of India also provide a rich source of information related to the food schemes such as guidelines, details of allocations and expenditures and coverage. The concerned links are as follows: i. Ministry of Health and Family Welfare (For NMBS/JSY):http://mohfw.nic.in/dofw%20website janani_suraksha_yojana.htm ii. Ministry of Rural Development (For NREGA):http://nrega.nic.in/ iii. Ministry of Rural Development (For NSAP): http://www.drd.nic.in/ iv. Ministry of Women & Child Development (For ICDS): http://www.wcd.nic.in/ v. Ministry of Human Resource Development (For MDMS): http://education.nic.in/Elementary/elementary.asp vi. Ministry of Consumer Affairs, Food and Public Distribution (For TPDS): http://www.fcamin.nic.in/dfpd_html/index.asp “Our lives begin to end the day we become silent about things that matter” ` – Martin Luther King 43 X. CONTACTS OF RTF NATIONAL AND STATE ADVISORS CHHATISGARH:Mr. Sameer Garg, 07771-244105, 09425583395, koriya@gmail.com NATIONAL 1. Office of the Supreme Court Commissioners B-102, First Floor, Sarvodaya Enclave,New Delhi- 110017 Tel: 011-26851 335/ 339 Eml: commissioners@vsnl.net www.supremecourtcommissioners.org NEW DELHI:1.Dr. Vandana Prasad, 09891552425, chaukhat@yahoo.com 2. Mr. J.P Mishra, 09899315900, jp.misra@gtz.de GUJARAT: 1. Gagan Sethi, gssethi@gmail.com 2. Secretariat of the Right to Food Campaign: 5 A Jungi House, Shahpur Jat, New Delhi 110049. Tel: 011-4350 1335, 26499563 www.righttofoodindia.org Eml: righttofood@gmail.com 2. Prof Indira Hirway, indira.hirway@cfda.ac.in, 079-26844240 HIMACHAL PRADESH : Ms. C.P. Sujaya, cpsujaya@sancharnet.in, 0177-2622219 / 2621860 JHARKHAND: 1. Shri M Kodandaram, kodandram2003@yahoo.com,040-27175353/ 9848387001 2. Prof. Rama S. Melkote, hyd2_melkote@sancharnet.in Shri Balram, balramjo@gmail.com,09934320657 ANDHRA PRADESH: KARNATAKA: S.R. Hiremath, sr_hiremath@rediffmail.com, 0836-2777430 / 09448916010 Dr. Mihir Shah, 07271-275757, 275550,samprag@sify.com MADHYA PRADESH: ASSAM: 1.Dr Sunil Kaul, sunil.theant@gmail.com, 09435122042 2. Ms Anju Talukdar, anjutalukdar@yahoo.com, 09864034505 MAHARASHTRA: Mr. Josantony Joseph,022-28958313 josantonyjoseph@gmail.com Mr. Rupesh, koshish_pt@yahoo.com, 09431021035(M) 0612-2207912(O) BIHAR: 44 MEGHALAYA: Mr. Tarun Bhartiya, 09863061770 / 09863097754 thefreedomproject@rediffmail.com XI. RIGHT TO FOOD NETWORK OF CBCI COMMISSION FOR JUSTICE, PEACE AND DEVELOPMENT(NCJPD) NAGALAND: Chingmak Chang, phutoc@yahoo.co.in 03861-220127(O), 220319(R), 09436007263 (M) 1. Rev. Fr. Nithiya OFM. Cap, National RTF director, NCJPD,CBCI Centre, 1 Ashoka Road, New Delhi – 110 001 Cell : 09868511018, Office : 011 – 23366127 Eml : rtfcampaign@gmail.com / nithiyas@gmail.com ORISSA: 1.Ms. Vidya Das, 09437960401 vjatkspr@gmail.com, agragamee@satyam.net.in 2. Mr. Rajkishor Mishra, rajkishormishra@gmail.com 09437047270 2. Sr. Mariola B.S., National RTF Coordinator, CBCI Centre, 1, Ashoka Road, New Delhi – 110 001 Telephone : 09968825475, Office : 011 – 23366127 Eml : rtfcampaign@gmail.com/ mariolabs@gmail.com RAJASTHAN: 1. Ashok khandelwal, ashokko@rediffmail.com 09968249247 2. Dr. Ginny shrivastav, 0294-2451348(Office), 02942450212(R), 09414164512(M), ginnyshri@sancharnet.in 3. Kerala: Fr. Jaison Vadassery, Kerala Labour Movement, Amulia Street, Banerji Road,Cochin – 682018, Kearla. Cell : 09446926418 Off: 0484- 2395646 Eml: jaivay@yahoo.com TAMIL NADU: Dr. V. Suresh, rights@vsnl.net, 044-2392459 / 25392464 UTTAR PRADESH: 1.Ms. Arundhati Dhuru, arundhatidhuru@yahoo.co.uk, 09415022772 2. Dr. Pradeep Bhargava, pradeep@gbpssi.org.in, 0532-2569214(O) 4. Maharashtra: Fr. James Mascarenhas, S.J. Shirpur Vishwa Mandal Sevashram, Shirpur, Dhule Dt, 425 405 Maharashtra. Cell: 09422485455// 02563- 255561 Eml: jamesm.shirpur@gmail.com WEST BENGAL: Ms. Anuradha Talwar, Mr. Subhendu Dasgupta jsk@cal2.vsnl.net.in 45 5. Orissa: Fr. Mathew Puthiyadom, SWAD, Social Service Centre,Convent School Road, Rayagada – 765 001,Orissa. Cell: 09437204370, Off: 06856-222386/225690 Eml: walkingwiththepoor@gmail.com 9. Karnataka: Sr. Dulcine, Roshni Social Action Centre, Opp. New court, Hubli Road, Hangal – 581 104, Haveri Dist; Karnataka Cell: 094496 06258, Off: 08379- 262996, Eml: roshnisac@yahoo.co.in 10. Gujarat – Ahmedabad: Fr. Cedric Prakash, The Gujarat Educational Board Society, Newman Hall, Post box no 4002, Ahemdabad – 380009, Gujarat.Cell : 098240 34536, Eml: sjprashant@gmail.com 6. Rajasthan: Sr. Aurora, St. Clare Seva Sadan, Kaithoon, Bhimpura Road, Kota – 325001, Rajasthan Cell: 09414520583, Off: 0744-2844266, Eml: auroramsa@gmail.com 11. Gujarat - Varna: Sr. Brita Fernandes, Bhal Rashmi, Varna Road, Varna Post, Dholka Taluka, Ahemdabad – 382265, Gujarat. Cell : 09825352577 Eml: britafrens@yahoo.co.in / bfferns287@gmail.com 7. Andhra Pradesh - Visakhapatnam :Sr. Nirmala, St. Ann’s Health Centre, Arilova Post, Visakhapatnam – 530040, AP Cell: 094410 90380, Off- 0891 – 2528068, 271056, Eml: nirmala_sas@yahoo.co.in,vmssvsp@rediffmail.com 12. Tamil Nadu: Fr. Sathian ofm cap, Director– Udhayam, 35 Williams Road,Trichy – 620001 Cell: 09443162299, Off: 0431-2414071 Email: frsathian@yahoo.com/ sathian7@gmail.com 8. Andhra Pradesh - Nellore: Sr. Paneerselvam, Immaculate Convent, Assisi Bhavan, Sunnapubatti, K.K. Gunta, Dharmavaram, Nellore – 524 142, AP Cell: 09704185526, Eml: pannerfihm@gmail.com 13. Persons with Disabilities(PWD) Network: Mr. John Aruldass A., Servites of the Poor, 2/23 PP Nagar, 1st Street, Arumbakkam, Chennai – 600 106 Tamilnadu Cell: 094449 15619 Eml:right2foodcampaign@gmail.com 46 19. DMI – Nationwide Network: Sr. Viji & Tresa/ Sr. Baby / Sr. Fatima, Society of DMI, Amala Bhavan, Rudra Road, St. Thomas Mount, Chennai – 600 016, Cell : 0944506886/7, Office : 044 – 22342822. Eml: dmimission@gmail.com 14. West Bengal: Sr. Subeshna Thapa SJC,Asha Deep, Cluny Provinciliate, 8th Mile, Kalimpong, P.O. Kalimpong, Darjeeling dist.., West Bengal – 734301. Cell: 09932874884, Off : 03552 – 255912 / 256135 Eml: subeshna@yahoo.co.in 15. Pudhucherry - NGOs network: Sr. Lambert Lily, FIHM, Immaculate Generalate,St. Therasa Street, Pondicherry – 605 001 Cell : 09487984653, Off: 0413 – 2334832 Eml : idhaya_socio@yahoo.com /lambert.rose@gmail.com Any intelligent fool can make things bigger, more complex, and more violent. It takes a touch of genius — and a lot of courage — to move in the opposite direction. Albert Einstein 16. Haryana: Sr. Grace D’Souza B.S., Bethany Social Service Centre, Faridabad,Haryana Tel: 0129-2416315, Eml: gracydsz@yahoo.com 17. Association of Franciscans Families & NGOs Network: Fr. Bernard Shaw – Udhayam, 35 williams Road, Trichy – 620001. Cell: 09360080888,Off: 0431-2414071 Eml: frsathian@yahoo.com/ sathian7@gmail.com 18. CAP Foundation (NGOs Ntework): Fr. Mathew, Director, The Friary, Kotagiri - 643 217,Tamil Nadu Cell: 09486316317 Off: 04266 - 271781 Eml: mathewaj@yahoo.com 47 ZERO HUNGER PROGRAMME To feed the vulnerable sections, in a sustained manner on long-term basis, Devinder Sharma, a food & trade policy analyst, proposes 5 points. 1. Revive agriculture on the lines of sustainability, by restoring soil health and the natural resource base by bringing in low-externalinput, sustainable farming practices. 2. Provide farmers with a fixed monthly income, incorporating the minimum support price. For the poorest of the poor households receiving micro-finance, ensure that the interest rate is reduced from the existing 18-48 per cent to a maximum of 4 per cent. 3. Disband PDS except for food entitlements for the Antyodaya families. Replace this with Foodgrain Banks at the village level on the lines of the traditional goal system of food security still existing in Bihar and east India. 4. Export of foodgrains should be allowed only when the country’s total population is adequately fed. 5. International trade, including Free Trade Agreements, should not be allowed to play havoc with domestic agriculture and food security. All of this is possible, provided the political leadership demonstrates a vision to redesign agriculture, food processing, rural development, international trade and food security in an integrated manner. If each of the developing regions continues to reduce hunger at the current pace, only South America and the Caribbean will reach the Millennium Development Goal target of cutting the proportion of hungry people by half” - Jeaques Diouf 48