Right to Food and Struggle with PDS

Context: The 2023 reports from Jharkhand and Odisha highlighted that a substantial number of households have been removed from the rolls of the Public Distribution System (PDS). A substantial number of households have found themselves removed from PDS rolls in parts of north, central and east India.

Relevance of the Topic: Mains: Challenges in Public Distribution System. 

Right to Food

• The ‘right to food' was recognised as a fundamental right in the People’s Union of Civil Liberties vs Union of India case, 2001.
  • The right to food is not a fundamental right explicitly mentioned in Part III of the Indian Constitution, but it can be derived from Article 21.
• The Indian Parliament enacted the National Food Security Act (NFSA) in 2013 to address food security. 
• National Food Security Act (NFSA), 2013:
  • Provides affordable food-grains to roughly two-thirds of the Indian population.
    • 75% of Rural population
    • 50% of urban population
  • Entitlements: Provides rice, wheat or coarse grains (5kg/person/month) at Rs 3/kg, Rs 2/kg, and Rs 1/kg, respectively.
• Targeted Public Distribution System:
  • Antyodaya (most vulnerable) people got free food grains (35 kg of food grains per household month).
  • Priority households (above Antyodaya level but below poverty line) had to pay at least half the minimum support price (MSP) being paid to the farmer.
  • Above poverty line households had to pay 90% of MSP.

Problems in the Public Distribution System

1. Incomplete Enrolment and Inadequate Access:

• Case Study of the Musahar community in Bihar: Musahars are extremely marginalised communities that have been pushed beyond the edge of destitution by the socio-politics of caste.
  • A number of Musahar households in Patna district do not have an active ration card. 
  • Even if they do have one, the card does not have the names of all the family members.
• Issue with Biometric Verification:
  • Several people lost access to their monthly supply of ration ever since biometric verification was made mandatory at fair price shops (FPS). 
  • Individuals are forced to get a new ration card as after verification it emerges that their names have been struck off the PDS rolls. 

2. Corruption:

• There are reports of cases where FPS dealers are releasing only four kilograms of food grain/person.
  • A below poverty line (BPL) household which has a Priority Household (PHH) ration card is entitled to five kilograms a person. 
• The four kilograms of grain being issued is rice, which is the lowest quality of ‘Usna’ rice. No amount of wheat is issued.

3. Documentation with no Legal basis: 

• Bureaucrats involved in the PDS mechanism are reported to claim unnecessary documents for issuing ration cards. E.g.,
  • In Bihar, citizens applying for a ration card using a paper-based application as well as through e-PDS portal are asked to submit:
    • Aadhaar details of the applicant and their family members
    • caste certificate
    • income certificate
    • residence certificate
  • Uttar Pradesh makes it mandatory to provide an income certificate.
  • Madhya Pradesh requires the submission of proof of residence.
• The requirements of these certificates do not have any legal basis.
  • Neither the National Food Security Act (NFSA) of 2013 nor the PDS control order of 2015 explicate the requirement of such documents. 

4. Exploitation by Middlemen:

• People from marginalised communities who seek to avail the benefits of PDS, neither have the resources nor the knowledge to interact with online processes.
• This situation is aggressively exploited by middlemen who charge a sum of ₹3,000 to have a ration card made. 

5. Delays in Issuance of Ration Cards:

• There is no guarantee that the applicants will get their ration card. There are cases of people whose applications have been pending for long (between 4-18 months).
  • The 2015 order states that ration cards should be issued within 30 days of the application being filled.

Recommendations of Shanta Kumar Committee on PDS Reforms

• Need for End to End Computerisation: Given that leakages in PDS range from 40 to 50 percent, Government should defer implementation of NFSA in states that have not done end to end computerisation; have not put the list of beneficiaries online for anyone to verify, and have not set up vigilance committees to check pilferage from PDS.
• Reducing the Coverage: Reduce the current coverage of 67% of the population under NFSA to 40% (comfortably cover BPL families and some even above that).
• Increased quota of Food grains: The amount of food grains should be increased to 7kg/person from the present 5kg grain per person.
• Pricing: Antyodaya households can be given grains at Rs 3/2/1/kg for the time being, but pricing for priority households must be linked to MSP, say 50 percent of MSP
• Timely Allocation: Targeted beneficiaries should be given 6 months ration immediately after the procurement season ends. This will save the consumers from various hassles of monthly arrivals at FPS and also save on the storage costs of agencies.
• Cash Transfers: Gradual introduction of cash transfers in PDS, starting with large cities with more than 1 million population; extending it to grain surplus states, and then giving option to deficit states to opt for cash or physical grain distribution. This would lead to saving of Rs 30,000 crores.
• Storage, movement and Transport of Food Grains: FCI should outsource its stocking operations to various agencies such as Central Warehousing Corporation, State Warehousing Corporation to bring down costs of storage. Covered and plinth (CAP) storage should be gradually phased out. The Movement of grains needs to be gradually containerised to reduce transit losses. 
• Buffer Stocks: On an average, buffer stocks with FCI have been more than double the buffer stocking norms costing the nation thousands of crores of rupees loss without any worthwhile purpose being served. There has to be a comprehensive liquidation policy which gives sufficient flexibility to FCI to either export or sell the surplus stocks in the market.