The National Food Security Act (NFSA) of 2013, also known as the Right to Food Act, is a landmark legislation in India that aims to provide subsidized food grains to approximately two-thirds of the country’s population.
This Act represents a shift from a welfare approach to a rights-based framework, ensuring that food security is recognized as a legal right for eligible citizens.
- Covers 75% of Rural and 50% of Urban Population
- Legal Right to Subsidized Food Grains
- Empowers Women as Head of Households
- Nutritional Support for Pregnant Women, Lactating Mothers, and Children
- Includes Provisions for Food Security Allowance
- Focus on Reforms and Direct Benefit Transfer (DBT)
Concept of Food Security
Globally, food security is defined by four key dimensions: availability, access, utilization, and stability of food. The fundamental idea is to ensure that all people, at all times, have access to sufficient, safe, and nutritious food to lead an active and healthy life.
While the Indian Constitution does not explicitly mention the right to food, Article 21, which guarantees the right to life, can be interpreted to include the right to food and other necessities for a dignified life.
History and Enactment
The issue of food security has long been a priority for the Indian government, with efforts like the Public Distribution System (PDS) and the Targeted Public Distribution System (TPDS) addressing food security at the household level.
However, the enactment of the NFSA on July 5, 2013, marked a significant change by legally entitling up to 75% of the rural population and 50% of the urban population to receive subsidized food grains under the TPDS.
This means that approximately 81.34 crore individuals are covered under the Act to receive highly subsidized food grains.
Provisions
Eligibility
- The Act covers up to 75% of the rural population and 50% of the urban population, divided into two main categories: Antyodaya Anna Yojana (AAY) and Priority Households.
- AAY households considered the poorest of the poor, are entitled to 35 kg of food grains per family per month.
- Priority Households are entitled to 5 kg of food grains per person per month.
Women Empowerment
- In a move to promote women’s empowerment, the Act mandates that the eldest woman in a household, aged 18 years or above, be recognized as the head of the household for issuing ration cards.
Nutritional Support
- The NFSA adopts a life-cycle approach, providing specific nutritional support to vulnerable groups. Pregnant women and lactating mothers are entitled to a free daily nutritious meal during pregnancy and six months after childbirth, in addition to a maternity benefit of at least ₹6,000.
- Children aged 6 months to 14 years receive free nutritious meals through the Integrated Child Development Services (ICDS) and Mid-Day Meal (MDM) schemes. Malnourished children up to 6 years of age are provided with meals that meet higher nutritional norms.
Allowance
- In cases where entitled food grains or meals are not provided, beneficiaries are entitled to receive a food security allowance from the concerned State Government. This is governed by the Food Security Allowance Rules, 2015.
Governments Responsibilities
The NFSA delineates joint responsibilities for the Centre and State/UT Governments:
Central Government
- Allocates the required food grains to States/UTs.
- Transports food grains up to designated depots within each State/UT.
- Provides central assistance for delivering food grains from the depots to the doorstep of Fair Price Shops (FPS).
State/UT Governments
- Responsible for identifying eligible households and issuing ration cards.
- Distribute food grain entitlements through FPS.
- Monitor FPS operations, issue licenses to dealers, and establish grievance redressal mechanisms.
- Strengthen the TPDS for effective implementation of the Act.
Direct Benefit Transfer (DBT) and Reforms
The NFSA also provides for reforms in the TPDS, including the implementation of Direct Benefit Transfer (DBT) schemes. These schemes aim to reduce the physical movement of food grains, allow beneficiaries to choose their consumption basket, enhance dietary diversity, reduce leakages, and promote financial inclusion.
The DBT for food was first implemented in the Union Territories of Chandigarh, Puducherry, and parts of Dadra & Nagar Haveli in 2015 and 2016.
The Act initially set the price of food grains at ₹3 per kg for rice, ₹2 per kg for wheat, and ₹1 per kg for coarse grains for the first three years from its commencement. These subsidized prices have been periodically extended, with the most recent extension valid until June 2019.
In cases where a State/UT’s allocation under NFSA is lower than its previous allocation, the Act ensures protection through a Tide Over Allocation mechanism. The prices for these allocations are determined by the Central Government, with the last set prices being ₹6.10 per kg for wheat and ₹8.30 per kg for rice.
Rule-Making Powers
Under Section 39(1) of the NFSA, the Central Government, in consultation with State Governments, is empowered to make rules to implement the provisions of the Act. The following rules have been notified:
- Provisioning of Funds to State Governments for Short Supply of Foodgrains Rules, 2014
- Food Security Allowance Rules, 2015
- Food Security (Assistance to State Governments) Rules, 2015
- Cash Transfer of Food Subsidy Rules, 2015
Section 40 of the Act also allows State Governments to make rules consistent with the Act and the Central Government’s rules to ensure proper implementation.
Impact and Challenges
The implementation of the National Food Security Act has had a profound impact on improving food security in India. It has provided a safety net for millions of people, ensuring access to basic food grains at affordable prices.
The Act has also strengthened existing food security programs like the Public Distribution System, Integrated Child Development Services, and Mid-Day Meal Scheme by making them legally enforceable.
However, the Act’s implementation has not been without challenges. Issues such as the accurate identification of beneficiaries, exclusion errors, inefficiencies in the Public Distribution System, and the logistical complexities of food grain distribution have posed significant hurdles.
Additionally, the Act’s reliance on the Public Distribution System, which has historically been plagued by inefficiencies, has raised concerns about its long-term sustainability and effectiveness.
In conclusion, The National Food Security Act of 2013, is a critical piece of legislation that aims to ensure food security for a significant portion of India’s population. While the Act has made substantial strides in addressing hunger and malnutrition, its success relies heavily on the effective collaboration between central and state governments, continuous monitoring, and addressing challenges in implementation.