1. Fr. James Mascarenhas ,S.J.
RIGHT TO FOOD
Fr. James Mascarenhas ,S.J.
24th July, 2008
Right to Food

2. - Fr. James Mascarenhas s.j.
Some Startling Facts
India is a very fast developing country, true
But the gap between the rich and the poor is increasing enormously.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

3. - Fr. James Mascarenhas s.j.
Some Startling Facts
Majority of people – 60% - those producing food have been left out of India’s fast development.
While National Growth = 9% ??
Agricultural Growth has been only 3.5 %.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

4. - Fr. James Mascarenhas s.j.
Some Startling Facts
The Government claims that only 26% people are below the poverty line
The actual fat is that MANY MORE people are below the poverty line.
Per capita income in the cities is Rs per day
Per capita in rural areas is Rs per day
This is not Poverty but starvation line.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

5. - Fr. James Mascarenhas s.j.
Some Startling Facts
Very Recently the UNO has said 63% children of India go to bed hungry without food!!!
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

6. - Fr. James Mascarenhas s.j.
Some Startling Facts
Many of our Children in our rural boardings come from this strata….. they get rather thin when they go to their home in the May vacation.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

7. - Fr. James Mascarenhas s.j.
Some Startling Facts
In 2001, we had 66 million tonnes of buffer stocks in our godowns. If you stack one sack over the other, you could go to the moon and come back.
Remember was a severe drought year.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

8. - Fr. James Mascarenhas s.j.
Some Startling Facts
Today India is exporting a lot of rice and wheat, while many people in the country do not have enough to eat.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

9. - Fr. James Mascarenhas s.j.
Some Startling Facts
We have been informed recently by our newspapers that Ten Lakh tonnes of damaged foodgrains have got damaged in our FCI godowns during the past decade.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

10. - Fr. James Mascarenhas s.j.
Summary:
Briefly, the situation in India can be termed as hunger amidst plenty.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

11. Do we have a Right to Food?
24th July, 2008
Right to Food

12. Right to Food – Legal Foundations
There is a very strong foundation for our Right to Food
The International Covenants
Constitution and Laws of several countries
Constitution and Supreme Court Judgements
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

13. Right to Food – Legal Foundations
The International Covenants on Economic and Social Rights
Article 11.2 recognizes the fundamental right of each individual to be free from hunger and malnutrition
Article 11.1 recognizes the right to an adequate level of life regarding food, clothing and lodging.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

14. Right to Food – Legal Foundations
By ratifying these legal instruments they are now accepted in India as Rights by the courts.
And so, India has the obligation to respect, protect and fulfill these rights. (= to facilitate and as a last resort to provide for the progressive realization of these rights)
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

15. Right to Food – Legal Foundations
The Right to Food is also recognized in the Constitutions of many countries like the U.S., U.K., Switzerland, several European and Communists countries.
In south Africa the Right to Food is not only enshrined in the Constitution, but the statutory South African Human Rights Commission is mandated to monitor the implementation of this Right.
In Switzerland the Right to minimum conditions of sustenance of even those without citizenship or visitors permits is recognized.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

16. Right to Food – Legal Foundations
In the Indian Constitution we have the Right to Life which has been interpreted by the Supreme Court as the Right to live with human dignity.
Life is biologically impossible without food and regular nutrition, hence
The Right to Food is recognized as a Fundament Right by implication.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

17. Right to Food – Legal Foundations
Judicial Intervention has strengthened the realization of this Right to Food.
The most significant judicial intervention was in the Civil writ petition, PUCL v/s Union of India and states, No. 196 of 2001
Where the basic Right to Food was emphatically affirmed.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

18. What is the Right to Food?
The Right to Food starts with the understanding that,
The starting point and focus of the Right to Food is the individual and the next higher unit is the household
Individuals are seeing themselves as capable of providing their own food needs given an enabling environment to exercise their agency and freedom.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

19. What is the Right to Food?
To enable this the State has the duty to
To respect
To protect
To fulfill the Right to Food entitlements of individuals
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

20. What is the Right to Food?
Briefly, the Right to Food implies
Access to
Sufficient
Safe
Nutritious Food that meets their dietary needs and food preferences for an active and healthy life.
Access to Food also (primarily) implies access to productive resources.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

21. - Fr. James Mascarenhas s.j.
Right to Food
But far from fulfilling the Right to Food of individuals, the State often militates actively against the access to these Rights by
Displacement – depriving them of what they had since ages, the means to secure livelihood and food.
By Land Alienation
By Failure to implement Land Reforms
By Promoting mechanisms of Agriculture and Labour displacing technologies
Illegalizing the criminalizing migration to cities and self help efforts of migrants to secure their own shelter and livelhood.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

22. - Fr. James Mascarenhas s.j.
Failure of the State
The State thus fails in its duty to protect the Right to Food, we must in the first place fight to protect the citizens Right to Food and Life, because what the Right to Food really calls us to is an element of urgency and a demand for radical change.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

23. - Fr. James Mascarenhas s.j.
Failure of the State
Since the State has failed even in the fulfillment of the Right to Food of citizens by not implementing basic food schemes meant for the poorest, the Supreme Court as an emergency measure has forced the Government through various orders to fulfill the Rights of people.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

24. - Fr. James Mascarenhas s.j.
The PUCL Writ Petition
What was shown by the Supreme Court by PUCL was that India has masses of foodgrains more than it can store and even exports subsidized food which is mostly fed to cattle overseas, while millions of its citizens remain chronically hungry.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

25. - Fr. James Mascarenhas s.j.
The PUCL Writ Petition
The problem is not of absolute food shortage, but of distribution and poor governance.
It is hunger on one side and government on the other, who fails to prevent hunger although it has the means to do so.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

26. - Fr. James Mascarenhas s.j.
The PUCL Writ Petition
PUCL demanded that the Right to Food should be recognized as the legal right of every person in the country.
Their basic argument was that the Right to Food logically follows from the Right to Life.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

27. - Fr. James Mascarenhas s.j.
The PUCL Writ Petition
The Government of India informed the Supreme Court that they are providing food to people, they have nine important food schemes by which they reach food to the poorest.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

28. The Schemes under the Right to Food
These nine schemes are:
Ration (PDS) - BPL
Antodaya
Annapurna
ICDS
Midday Meal
Jannani Suraksha Yojna and Maternity Benefit Scheme
Family Benefit Scheme
Pension Scheme
Employment Guarantee Scheme
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

29. - Fr. James Mascarenhas s.j.
PUCL Case
PUCL proved to the court that these schemes are very poorly implemented.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

30. Supreme Court – Interim Orders
Hence, after a proper study of the same the Supreme Court passed a number of interim orders.
Some of these orders are really historic ones, they touch the lives of millions of people living in desperate poverty and hunger.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

31. - Fr. James Mascarenhas s.j.
Right to Food
Remember, these Food Schemes are clinically managed targeted programmes as a last resort to hunger and nutrition.
These are not a cure for problems of food and livelihood insecurities.
Right to Food should not reduce people to becoming passive recipients of state benevolents but to transform them to become active agents to pursue and enjoy legal human rights in a dignified way in a just and equitable environment which the state is bound to create.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

32. Supreme Court – Interim Orders
The Supreme Court recognizing this basic right through a series of 55 interim orders has held,
Both the Union and State Government accountable for securing food securities for vulnerable populations
Established monitoring mechanisms among those existent and introduced independent ones.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

33. - Fr. James Mascarenhas s.j.
Who is Accountable?
All in India are responsible, since the Supreme Court has passed these orders. Every one has a duty to comply in whatever way he or she can comply.
Especially accountable are the
The Chief Secretary of the State
The Collector and the CEO of the District
The Commissioners of the Supreme Court
The Advisors of the Commissioners in each State and District
The Gram Sabha
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

34. - Fr. James Mascarenhas s.j.
Redressal Mechanisms
What are the weapons in our hands to implement these orders?
Actual orders of the Supreme Court
Directions of the Commissioners of the Supreme Court
The G.R.s of the State and Union Governments.
Laws passed by the Centre and State, like the Food Order or Citizen’s Charter
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

35. - Fr. James Mascarenhas s.j.
Redressal Mechanisms . . .
Redressal Mechanisms given by the Supreme Court and the State
Complaints that can be made to the CEO, Collector, Chief Secretary
Bodies like the RKS (Ration Kruti Samiti) for guidance
Justice and Peace Commission of the CBCI, New Delhi
Contacts with the Commissioners Office, Advisors Office and District Representatives
There is no doubt that We as the Church could play a powerful role in enabling our people to get their Right to Food.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

36. Schemes - Public Distribution System
Five Categories of Cards
White
Red
Yellow
Antodaya
Annapurna
Only the Yellow, Antodaya and the Annapurna card holders have a right to this scheme
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

37. Yellow and Antodaya Card Holders
They should get 35 kilos of grain every month at a fixed rate of Rs. 5 a kilo for wheat and Rs. 6 a kilo for rice.
They are also entitled for two litres of kerosene per head, with a maximum of 15 litres per card holder.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

38. - Fr. James Mascarenhas s.j.
Antodaya Scheme
This scheme is meant for the poorest of the poor and so rice is sold to them at Rs. 3 a kilo and wheat at Rs. 2 a kilo.
These also are entitled to 35 kilos of grain per month.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

39. - Fr. James Mascarenhas s.j.
Annapurna Scheme
This Scheme is chiefly meant for the destitute or those who have no support, they are given 10 kilos of grain every month free.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

40. Categories eligible for Antodaya Cards (Supreme Court)
Aged, infirm, disabled and destitute men, women, pregnant and lactating women, destitute women
Widows and other single women with no other regular support
Old persons, aged 60 and above with no regular support and no assured means of sustenance
Households with a disabled adult and no assured means of sustenance
Households where due to old age lack a physical or mental fitness, social customs, need to care for a disabled or other reasons, no adult member is available to engage in gainful employment outside the house
Primitive Tribes
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

41. Other Rules regarding Ration
Must be lifted by the shopkeeper in the first week of the month
Shops should be open everyday, only one weekly off day permitted.
Ration can be taken in installments
If not taken by the end of the month, it can be taken in the first week of the following month
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

42. Other Rules regarding Ration
Receipts must be given.
Can take as much as one needs
The ration shop owner should display important information outside his shop
Ration Vigilance Committee under the Presidency of the Sarpanch should meet once every month.
A Complaint book should be maintained
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

43. - Fr. James Mascarenhas s.j.
Getting Your Rights
Rights are not given.
Know Your Rights, Take Your Rights
Insist on Your Rights – Gandhigiri!
Ambedkar
Complaint Book
Complain to the Tehsildar
Complain to the Collector (Lok Shahi Din)
Supreme Court, Commissioner etc.
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

44. - Fr. James Mascarenhas s.j.
Interim Orders
The Supreme Court has also passed orders regarding the cancellation of shops when they do not comply to norms (page 58)
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

45. Integrated Child Development Scheme
Supplementary Nutrition according to age
Pre-School education
Growth Monitoring
Health Services
The 19 crore children under 6 yrs of age should get the above services
Anganwadi on demand in slums and tribal settlements.
24th July, 2008
Right to Food

46. Midday Meals
24th July, 2008
Right to Food

47. National Pension Scheme
Above 65 Years without support
BPL Card Holders
24th July, 2008
Right to Food

48. Jannani Suraksha Yojana and Maternity Benefit Scheme
24th July, 2008
Right to Food

49. Family Benefit Scheme
24th July, 2008
Right to Food

50. Employment Guarantee Scheme
24th July, 2008
Right to Food

51. How to prepare New Ration Cards
New Ration Cards are not being given easily, but it is import to keep putting pressure on the Tehsildar to issue the same.
The Procedure
Cancel the previous card and get a Certificate OR
Make an Affidavit that you do not have any card
In the villages the enquiry is done by the Talathi
You also have to produce a proof of residence, for those below 16 years have to produce their birth certificates
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

52. Problems connected with the PDS
Many do not have their BPL cards
Many rich people have Antodaya Cards
Lot of corruption among Ration shop owners / dealers
Corruption among officials
24th July, 2008
Right to Food
- Fr. James Mascarenhas s.j.

53. Comments and Questions!
Thank You
24th July, 2008
Right to Food

54. Contact: Fr. James Mascarenhas
Mobile:
24th July, 2008
Right to Food