No, Chief Minister! The Right to Food Act was a revolutionary step by UPA II, but it remains a mirage for many in Jharkhand

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1 One would expect the CM of a mineral-rich tribal state to make use of local expertise to tap its resources without uprooting the lives of its citizens But Jharkhand CM Raghubar Das, who blames Christians for tribal protests, is in the Sin City of Las Vegas to explore foreign investor potential in the state! No, Chief Minister! The Right to Food Act was a revolutionary step by UPA II, but it remains a mirage for many in Jharkhand INDIAN CURRENTS October 2016

2 Right to Food Broken Promises in Tribal Land The National Food Security Act and its benefits have not reached the poor in Jharkhand, reports a study done by Lok Manch from June to August BY Joseph Xavier Three years have elapsed since the passing of the National Food Security Act, 2013, (NFSA) popularly known as right to food entitlement. The Right to Food campaign network, which spearheaded food security campaign in the country, organised a National Convention from September in Ranchi, Jharkhand. State and national issues related to food entitlement were debated in the backdrop of market-led model of development, aided by international trade treaties, resulting in growing socio-economic disparities. However, this convention assumes significance, as some states during this summer experienced severe drought and water scarcity. Public anger exposed the apathy of the political parties and state machinery. Yet another value addition is the timing and location, Ranchi, the capital of Jharkhand, a land of tribals. Since 2014 Jharkhand is ruled by a non-tribal Chief Minister, from BJP. Evidence shows that the tribals of Jharkhand, still lag behind in a number of human development indices, including basic necessities of life. Many basic developmental issues were raised from the INDIAN CURRENTS October

3 Voices from Right to Food convention The 6th National Right to Food convention on Shrinking Democracy: Shrinking Entitlements was held at Gossner school ground in Ranchi from September The event began with a massive rally from Ranchi railway station to venue. Over 3,000 men and women from different states marched to the venue with banners and placards, on the one hand celebrating the contribution of people s movements in the enactment of National Food Security Act and on the other demanding all states to implement the new law in letter and spirit. Kavita Srivastava, the National Convenor of Right to Food (RTF) campaign, in her inaugural address, set the tone for the convention stating that freedom from hunger will be a distant dream when India s democracy itself is under threat. Noted economist, Jean Dreze highlighted the impending danger in linking NFSA entitlements to Aadhaar card. He unveiled the hidden plans of the state to promote cash transfer in lieu of material provisions. Dreze warned that such a step will not ensure food security of the marginalised since the states are likely to fix cash amount, devoid of price fluctuations of foodgrains. Soni Sori, an adivasi leader from Chhattisgarh narrated atrocities inflicted on her and other adivasis in Bastar. Bezwada Wilson, National Convenor of the Safai Karamchari Andolan expressed his anger at the Prime Minister s silence over atrocities against datlis. Stan Samy of Bagaicha, a human rights activist and Jacinta Barla, Zila Parishad President of Basia also spoke on alienation of jal (water), jungle and jameen (land) from the tribals. The second day was marked by parallel sessions on right to water, agrarian crisis, forest rights, drought, migration, elimination of manual scavenging and anti-poor international trade treaties and on various themes related to food entitlements with special focus on children and mothers. The last day ended with a vibrant plenary on youth, one of the speakers being Kanhaiya Kumar, former President of JNUSU President, who said Sab ki baat is more important than Mann ki baat. RTF convention resolved unanimously to intensify people s struggle for democratic rights. Tribal issues and concerns dominated the discourses as this convention took place in Ranchi, in the heartland of tribals. Agonizingly, on 21st September, Justice V Kanade of Mumbai High Court lambasted the Maharashtra government for its complete apathy and criminal negligence that had led to worsening malnutrition deaths in 11 tribal districts of Maharashtra. tribal perspective demanding accountability from Jharkhand government. As reported in Economic Times on September 21, the Chief Minister of Jharkhand Mr Raghubar Das blamed the Christians and stated: There are parties that do not want tribals to progress; they want the tribals to remain poor, with no electricity. We are planning to bring development and progress however those involved in conversions are opposed to this as they want the tribals to remain in the state that they are. If people remain poor, they can be easily converted. The Chief Minister promised in April, 2015 that the National Food Security Act would be implemented in Jharkhand from 1 June 2015, and that 86 per cent of the population would benefit under the Act. To what extent this promise is implemented on the ground? Instead of blaming and giving religious colouring to democratic dissent of the tribals to the anti-poor policies of the state, it is high time that the Chief Minister looks at the reality of tribals and his own performance since Lok Manch, a platform consisting of 100 organisations floated for and by the dalits, adivasis and other marginalised communities, undertook a baseline survey from June to August, 2016, covering approximately 1640 villages in 8 districts of Jharkhand, to find out the status of food related entitlements, with special focus on adivasis and dalits. The districts include West Singhbhum, Dumka, Godda, Sahibgunj, Pakur, Hazaribah, Lohardaha and Simdega. Apart INDIAN CURRENTS October 2016

4 Youth Plenry at 6th national convention on the right to food and work from food related entitlements, the study also explored into possession of tribal/caste certificate, Aadhaar Card and Voter ID, access to Old Age pension, Widow pension, and drinking water and sanitation facilities at home. The outcome of the study amply demonstrates the sorry state of affairs of tribals. We are nature worshippers The total number of households covered is 61,078. From among the total 61,078 respondents for households 58.3 per cent are male members and 41.7 per cent are female members. Of the total 60,295 responses to religion, 48.5 per cent are followers of Sarna (tribal religion); 28.4 per cent are Hindu; 20.1 per cent are Christian and about 2.9 per cent are Muslim. Many households who stated that they follow tribal religion complained that they were classified as Hindus in official government statistics. They reiterated that they were not Hindus but nature worshippers. Give us tribal certificate It is observed that of the 60,269 household responses to caste, only 36.7 per cent stated that they possess a caste or tribal certificate. In many instances, no permanent certification is provided by the government. People are asked to apply for caste / tribal certificates as needed. Many expressed that they go through procedural harassments and at times, abandon the effort to get certificates, out of frustration. Tribal leaders stated that in the absence of a caste / tribal certificate, many children are deprived of educational scholarship and the households could not access welfare schemes. Do not link Aadhaar Card to food entitlement Successive governments have insisted on every Indian being identified on the basis of Aadhaar card, though the card clearly states that Aadhaar is proof of identity, not of citizenship. Families, with the new-borns have been thronging the Aadhaar e-hubs and centres to make identity cards for their children, since, in schools and government offices Aadhaar card is now mandatory to receive certificates and access any welfare scheme or scholarship. Of the 2,79,032 population, about 45,800 (16.4 %) family members do not possess Aadhaar card. It is observed in the surveyed areas, these families are living in interior and forest areas. Surprisingly, while initiating issuance of new ration cards under NFSA, the families were told, to first get an Aadhaar card and then apply for a ration card. In many cases, new ration cards under NFSA were not issued as the head of the households did not possess an Aadhaar card. To deny food entitlements to the poor on the basis of an identity card, despite having a ration card under the old system, is unjustifiable. The poor s Right to food is being denied on a technicality. The data also shows that of the eligible 1,64,008 voters, about INDIAN CURRENTS October

5 Jharkhand tribals continue fight against land law amendment Ranchi: Tribal people across Jharkhand state are protesting a local government proposal that will weaken legal protection against others buying and selling indigenous people s land. The state s proposal to amend two laws is a major threat to the very survival of tribal people, said Auxiliary Bishop Telesphore Bilung of Ranchi. Jharkhand has some 9 million tribal people, who form 26 per cent of the state s 33 million population. About 1.5 million people in the state are Christians, at least half of them Catholics. The church supports their public demonstrations, said Bishop Bilung. Jesuit Father Xavier Sorent, a social activist, said that church people are involved in creating awareness among tribal communities about the need to rise to the occasion [and] protect their land. The people are turning up in huge numbers [to] public protest meetings. It is a major worry for the government, he said, adding that the government is also planning programs to drum up support for the amendment. Jharkhand state was created by carving out tribal-dominated areas of Bihar state 16 years ago to protect their interests. The proposed amendments will change laws that prohibit the sale or purchase of indigenous land by nontribal people. They will also make protected land available for mining and industrial development. Bishop Bilung said tribal life was centred [on] water, forest and land. The moment they are deprived of their land, they are bound to perish, Hundreds of tribal people gather in Jharkhand capital Ranchi on Sept. 17 to protest law amendments, which they say will weaken provisions to protect their land (Photo: Saji Thomas) said the prelate, who comes from an indigenous community himself. The state s BJP government proposed the amendments in the legislature in July, kickstarting protests from tribal groups. The government wants to hand over the vast swathes of tribal land with coal, bauxite and other minerals to industrial houses. That is why we say the amendments strike at the very root of tribal life, said Jesuit Father Tom Kavala. The indigenous people are generally unaware of their rights and constitutional safeguards. The government is taking advantage of it, said Father Kavala. However, state Chief Minister Raghubar Das told media that the amendments will empower the people with better financial and employment opportunities. He also blamed Christians for inflaming protests. Source: UCAN 22,911 (14%) do not have a Voter ID. Households in small towns and rural areas are more deprived of issuance of Aadhaar cards and Voter IDs than in big towns. Protect the most vulnerable Care of some of the most vulnerable in society, like the aged and widows, still remains a distant dream. Nearly 75.4 per cent of the elderly and 69.8 per cent of widows are deprived of pension benefits. The worst sufferers are from the dalit and adivasi communities. Pension Parishad, a national movement, is taking up the cause of these voiceless people. Will the state come forward to enact legislation for their protection? No ration cards! Adopting a food and nutritional security in human life cycle approach, NFSA provides food entitlement through Targeted Public Distribution System (TPDS) ensuring people s access to an adequate quantity of quality food at affordable INDIAN CURRENTS October 2016

6 prices, towards living a life with dignity. The Act provides for coverage of up to 75 per cent of the rural population and up to 50 per cent of the urban population for receiving subsidized food grains under Targeted Public Distribution System (TPDS), thus covering about two-thirds of the population. Eligible persons will be entitled to receive 5 kgs of food grains per person per month at subsidised prices of Rs. 3/2/1 per kg for rice/wheat/ coarse grains. The existing Antyodaya Anna Yojana (AAY) households, which constitute the poorest of the poor, will continue to receive 35 Kgs of food grains per household per month. It is shocking to note that of the 55,419 responses about 38.1 per cent do not possess ration cards either new or old. A castewise analysis shows that the following do not possess cards: among the dalits about 32 per cent; 40.1 per cent among the tribals and 35.3 per cent among the OBCs. It is ironic to note that only 16.4 per cent do not possess Aadhaar card and 14 per cent do not own a Voter ID; whereas 38.1 per cent households do not possess ration cards. In some cases, the respondents pointed out that the cards are not with them; they are either with ration shop dealers or Possession of Ration Card Note: In most of the blocks old PDS system still continues. Distribution of new ration cards under NFSA as AAY, PHH (S) and PHH has been initiated in a few areas only. with middlemen who have taken them away. People are also not aware of when ration is distributed. Even those households which possess cards said that Out of stock is the usual response they receive from the dealers. It is also observed that among the AAY households only 56.7 per cent receive 35 kgs of food-grains. Free meal and maternity financial assistance to pregnant and lactating mothers NFSA provides one free meal for expectant and lactating mothers and also has a provision to provide cash support of not less than Rs 6,000 as maternity financial assistance. The free meal is provided to pregnant mothers and up to six months after child birth. In case of nonsupply of entitled food-grains or meals, the beneficiaries will receive a food security allowance. Nearly 35 per cent mothers are deprived of one free meal and 70.3 per cent of the mothers are deprived of any sort of financial INDIAN CURRENTS October

7 assistance. Only 8.4 per cent have received Rs 6,000 as cash support and 21.3 per cent received support either Rs 1,000 or less than that from other schemes. Maternity financial assistance will go a long way in reducing Infant Mortality Rate (IMR) and Maternal Mortality Rate (MMR). Jharkhand state is far behind in implementing the provisions related to maternity assistance. Free meal to children aged 6 months - 5 years in Anganwadi and Midday Meal (MDM) in schools for children from 6-14 years Damodar Turi, State Convenor, Visthapan Virodhi Jan Sangathan speaks on rights of indigenous people of Jharkhand. NFSA provides one free meal for children aged 6 months to 5 years through Anganwadis and one free meal for school going children through the Midday Meal (MDM) scheme. Table above brings out the status of this scheme. Nearly 50.2 per cent of children below 5 years and 36.1 per cent of school going students are deprived of the single free meal. Between these two variables, functioning of Anganwadis seems to be a grey area. It must be emphasized that deprivation of food in early childhood has deep implications on later life. It is also observed that a large number of students studying in private schools are deprived of MDM. From these facts it is abundantly clear that NFSA and its benefits have not reached the poor in Jharkhand. Separate provisions have been made in the Act, to ensure transparency and accountability. The Act contains provisions for setting up of a grievance redressal mechanism at the district and state levels. It is observed that often, grievance redressal mechanisms either do not exit or are non-functional. One of the weakest areas contributing to the lack of implementation of NFSA provisions is the lack of transparency and accountability of state mechanisms. Drinking water and toilet facilities at home Of the 61,078 households, drinking water facility is available only in 24,180 (39.6%) and toilet facility is available only in 3,748 (22.5%) households. Public drinking water facility throughout the year is available INDIAN CURRENTS October 2016

8 in less than 50 per cent of the sample villages. In more than 85 per cent of villages drainage system and public toilet facility is not available, which is the main cause of the spread of preventable diseases. In the absence of toilets at home and no public toilet facility many households still continue with the age-old shameful practice of open defecation. Ms. Bitia Murmu, heading Lahanti organisation in Dumka painfully asked, Will the Government spend Swachh Bharat Cess collection to build toilets for poor tribals? The way forward 1. State should not deny entitlements on the basis of technicalities. Technology must aid in strengthening and streamlining entitlements. But denial of food, maternity benefit, pension and scholarship on the basis of not having an Aadhaar card is unjustifiable. 2. The health of the nation depends on the health of the children. Anganwadis are the entry points to ensure minimum nutrition protection to vulnerable children. Establishing village based Anganwadis within a kilometer for easy access and ensuring proper implementation of nutrition schemes through ICDS must be strengthened. The state also has to ensure that MDM is implemented in private educational institutions. 3. The Chief Minister of Jharkhand, Mr Raghubar Das must keep up his 2015 promise that the National Shyamji, Mukhiya of Sadhawadih Gram Panchayat, Latehar, Jharkhand talks on difficulty in accessing govt. programs Food Security Act would be implemented in Jharkhand from 1 June 2015 and that 86 per cent of the population would benefit under the Act. 4. The administration must ensure that every household possesses the appropriate card under NFSA. Ensure that dealers and middlemen do not deprive the poor of food entitlement. Guarantee that grievance redressal mechanisms are in place and they function well. Include community leaders at the panchayat, block, district and state levels in grievance committees. 5. Provide safe drinking water and sanitation facilities to every household and stop open defecation and manual scavenging. Improve drainage and public toilet facilities in each village to reduce spreading of communicable and preventable diseases. 6. It is the responsibility of the state to care for vulnerable persons like the aged and widows. State must enact laws to protect these citizens through appropriate pension schemes. 7. Ensure that Primary Health Centres and Ration shops are easily accessible to all villagers. 8. Above all, state must protect and safeguard the rights and dignity of adivasis, dalits and religious and ethnic minorities and end all forms of atrocity and discrimination. (The writer is with Indian Social Institute, Bangalore. He acknowledges the support received from 21 organisations of Lok Manch in Jharkhand, which helped in data collection and data entry.) INDIAN CURRENTS October