APPENDIX A QUESTIONNAIRE FOR SURVEY 1. Is your family able to afford all three meals a day consisting of dal, rice and vegetables? 2. What portion of your family income is spent in buying food? (a) One third or less (b) More then one third (c) Do not know 3. Have the rise in price of essential food items effected your families intake of foodgrain? (a)yes (b) No (c) Do not know 4. Do you have to worry as to how you will arrange money to purchase your family s next meal? (a)yes (b) No (c) Sometimes (d) Do not know 5. Does your family starve sometimes being unable to afford to buy food? 6. Is the starvation more in monsoon during the long periods of rainfall? (a)yes (b) No (c) Do not know (d) Does not arise 7. Did your family get hundred (100) days employment under Mahatma Gandhi National Rural Employment Guarantee Act, 2005? (d) Does not arise 8. Have you been denied employment even after a lapse of thirty (30) days from the day you have applied for work? (d) Does not arise 9. Have you ever received your unemployment allowance due to you as per Mahatma Gandhi National Rural Employment Guarantee Act 2005? (d) Does not arise 10. Is the Mid Day Meal supplied on all school days in your village school? (c) Less than three days (d) More than three days 11. Does the Mid Day Meal consist of varying menu? 12. Does the Anganwadi centre supply food to the children of zero to three (0-3) years age group?
13. Did the Anganwadi centre supply hot cooked meal to the lactating mothers and pregnant women for the last three months? 14. Does the Anganwadi centre supply hot cooked meal for three hundred (300) days a year? 15. Does the ration shop remain open for all days a week? 16. Have you been allotted a BPL/AAY card? (a)yes (b) No (c) Do not know (d) Does not arise 17. Does the majority of the poor in your village posses BPL or AAY card? 18. Are you allowed to lift ration in installments? (d) Does not arise 19. Have you been denied ration any time in the last three months on the ground of lack of supply? (d) Does not arise 20. Are you allotted thirty five (35) Kg of rice/wheat under your BPL/AAY card? (d) Does not arise 21. Are you allotted kerosene and sugar under your BPL/AAY card? (d) Does not arise (e) Sometimes 22. Do you lift rice, kerosene and sugar at the rate given below? (i) Rice- AAY- Rs. 3 per Kg, BPL-Rs.6.80 per Kg (ii) Kerosene oil- Rs.14.40 per litres (iii)sugar 586 gm per person- Rs.16 per Kg (a) Yes (b) Above the specified rate (c) Do not know (d) Does not arise 23. Did your family get the benefit of Majoni Scheme and Jeevan Sakti Yojana? (d) Does not arise 24. Did any person known to you receive Rupees ten thousand (Rs.10,000) at the death of the sole bread earner aged between eighteen (18) to sixty five (65) years? (d) Does not arise 25. Do any of your family members receive old age pension? (d) Des not arise
APPENDIX B PROPOSED AMENDMENT OF THE CONSTITUTION OF INDIA Article 21(B) Right to Food: (1) The State shall provide physical and economic access to food required to live a healthy and productive life to all persons in such a manner as the State may, by law, determine. (2) The State shall provide direct food assistance to the destitute children, old and the sick, and any other category of food vulnerable section suffering from starvation in such a manner as the State may, by law, determine.
APPENDIX C THE RIGHT TO FOOD BILL, 2012 Object of the Act There is a massive level of malnutrition and hunger in the country. In order to deal with it, the proposed enactment provides remedy in accordance with the terms of the international obligation. It provides protections to the food vulnerable section of the society in order to enable them to lead a healthy and productive life. The Act provides physical and economic access to food through a friendly market and direct assistance to the section of people in the society who due to various limitations beyond their control are unable to feed themselves. The Act further provides direct food assistance for a specified period after the natural and man made disasters. The entitlements in the Act are universal in nature with certain exclusion criteria. Section 1 Title, Extent and Commencement This Act shall be called The Right to Food Act, 2012. (a) It extends to whole of India except the state of Jammu and Kashmir. (b) It shall come in force on the date specified by the Central Government in the official gazette. (c) The entitlements under this Act are in addition to all entitlements in any other legislation.
Section 2 Definition (a) Adult means a person who has completed the age of eighteen (18) years. (b) Appropriate Government means ministries and departments controlled and financed by the Central Government and the State Government. (c) Destitute person means man, women and children suffering from high level of chronic hunger and starvation due to lack of financial resource to buy foodgrains and do not have any support system to fall back upon for help. (d) Disabled person include all person defined as disabled under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. (e) Food Emergency is the hunger, acute malnutrition and starvation caused by a natural or man made disaster. (g) Foodgrains include rice, wheat, millet, pulses and maize. (h) Vegetable means all seasonal vegetables and fruits. (i) Household means a nuclear family. All units of nuclear family within a joint family are considered for the purpose of the Act as a separate household. (j) Nutritional standard means quality and quantity of nutrition required to lead a healthy and productive life as specified by the appropriate Government. (k) Priority Household means a household consisting of female and children members. It further includes household consisting of only aged people and children. Section 3 Entitlement for Nutrition All persons residing within the territory of India is entitled to physical and economic access to food at all times.
(a) The physical and economic access to food shall commence at birth and shall continue till death. (b) The access to food shall be adequate in nutritional quantity required for a healthy and productive life and shall also be free from all substance harmful for human consumption. (c) The nutritional value of the food shall be as per the specification of the Central Government from time to time on the basis of age. Section 5 Entitlement for a Malnourished Person All malnourished and severally malnourished persons shall be entitled to direct food assistance as per the nutritional quality and quantity specified in schedule I. (a) They shall be served with one freshly cooked meal per day excepting sundays through the community kitchen in between one p.m. to four p.m. Section 4 Entitlement for Pregnant Women and Nursing Mothers The pregnant women during the period of pregnancy and nursing mothers for a period of six months shall be provided with the following (a) Freshly cooked mid day meal in between one p.m. to four p.m. through the community kitchen set up in each village. (b) The pregnant women and the nursing mothers shall be provided with a maternity benefit of Rupees one thousand (Rs.1000) only per month. (c) The appropriate Government shall review the monetary relief every year on the basis of the price index of the country.
(d) The Central Government shall make monetary allotment to the State Governments for payment of the monetary benefit. Provided that a woman who being an employee of any organization enjoying a similar benefit shall not be entitled to the benefits under the section. Section 5 Entitlement of New Born Children to the age of Six Months The new born child has the right to exclusive breast feeding till the age of six months. The Anganwadi centres should educate the new mothers of children below the age of six months the benefits of exclusive breast feeding. The community centres shall conduct periodic health check up of all children below the age of six months. (a) The malnourished and the severally malnourished children should be provided with take home ration appropriate to their age supplied by the Anganwadi centre. Section 6 Entitlement of Children between 6 months to 6 years Freshly cooked meal constituting of nutrition as specified in schedule I shall be provided at the community centre in between one p.m. to four p.m. everyday except the sundays. (a) Periodic immunization, health checkup, deworming programmes and vitamin supplements shall be made available.
Section 7 Entitlement for Children between 6 years to 14 years The Government shall provide one freshly cooked meal per day through the community centres. The meal shall be of the nutritional quality as specified in Schedule I for children in the age group of six years to fourteen years. The parents should make arrangement to feed the above mentioned meal to the students during the lunch. Section 8 Treatment for Child Malnutrition The children identified by the appropriate Government as suffering from different stages of malnourishment shall be provided with additional nutritional supplement as specified by the physician authorised by the Government for the purpose. (a)the parents/guardians of severely malnourished child shall be supported with nutritional counselling. Section 9 Entitlement for Special Groups All destitute, aged persons and the street children shall be entitled to three freshly cooked meals on all days through the community kitchen as per the specification in Schedule I throughout the year. Section 10 Disaster Affected Persons All persons affected in a disaster shall be entitled to three freshly cooked meals during the disaster. (a) All persons affected by disaster as identified by the appropriate Government shall be entitled to one freshly cooked meal as specified in
Schedule I for a period of three months after the disaster has ceased to exist through the community kitchen. (b) All persons effected by disaster as identified by appropriate Government shall be provided additional take home ration as specified in schedule I for a period of three months. (c) All households shall be entitled to two hundred days of wage employment for a period of one year at minimum wages as fixed by the appropriate Government on areas identified by the Government as disaster affected areas. Section 11 Right to Food of Persons suffering from Starvation The persons identified by the State Government to be living in starvation or conditions akin to starvation shall be entitled to the benefits specified under Section 10 of this Act. (a) Such persons so identified shall also be entitled to additional nutritional back-up as specified by the doctors in the nearest Government hospital. (b) The starving pregnant women and nursing mothers shall be entitled to an additional one time assistance of Rs.3000 as nutritional back up. (c) Any other relief that the Government thinks appropriate to prevent any further damage to the health of the starving person. (d) The State Government shall adopt a proper methodology to identify the starving population of the state. (e) In cases of reports of starvation death an inquiry should be initiated and if found true appropriate disciplinary action should be taken upon the erring official as provided by the service rules.
Section 12 Right to Remedy A panchayat level grievance cell shall be constituted by the State Government. (a) All persons or groups suffering from starvation shall have the right to approach the cells for relief in case of starvation. (b) A district level grievance cell shall be constituted by the State Government to hear appeals from the panchayat level grievance cell. The appellate cell shall have the power to suo motto enquire the matters on starvation. (c) The State Government shall establish a State Food Commission to entertain appeals from the district level grievance cell. The State Food Commission can suo motto or on complaint take up matters of violation of right to food. (d) The Central Government shall establish National Food Commission to entertain appeals from the State Food Commission. The National Food Commission can also suo motto take up matters of violation of the right to food. (e) Appeals from the National Food Commission shall lie to the Supreme Court within a period of ninety days. (f) Adequate compensation should be paid for the violation of the provision of the Act. (g) A disciplinary proceeding under the service rule should be drawn against the erring officer responsible for the violation of the Act. Provided that acts done in good faith by the officials shall not be subjected to the clause (g) of this section.
Section 13 Right to Subsidised Foodgrains All persons in India shall have the right to receive subsidised foodgrains as specified by the State Governments. (a) The State Government shall specify the entitlement ensuring that the items and the quantities are adequate for three meals per person per day of nutritional value specified in Schedule I. (b) Subsidized food grains should include seasonal fruits and vegetables. (c) The Government shall provide twenty (20) kilogram of rice per person at Rupees 3 per kilogram, twenty (20) kilogram of wheat per person at Rupees 2 per kilogram, five (5) kilogram of millet per person at Rupees 4 per kilogram. The Government shall also supply edible oil and vegetable at subsidised rate of fifty percent (50%) of the cost price. (d) The entitlement shall not be available to the category of persons employed under the state or central service. The persons whose income falls in the taxation range shall not be entitled to the benefits of this Act. Section 14 Procurement and Storage of Foodgrains The Central Government shall give priority to procure the food grains of nonperishable nature from the state market and distribute the same to the state. The State Governments shall procure the foodgrains of perishable nature from the local food bank for which the centre is required to provide complete monetary assistance to the State. (a) The Central Government shall develop adequate infrastructure on scientific basis for storage and distribution of foodgrains.
Section 15 Fair price Shops There should be a fair price shop within three kilometres of every habitation. (a) The fair price shops shall be open from 8 am to 7 pm on all week days. (b) The fair price shops should permit the lifting of food grains in installments. (c) All relevant information should be displayed on a notice board in the shop. (i) Price of different food items. (ii) List of entitled persons. (iii) Criteria for entitlement. (iv) Timings of opening and closing. (v) Name and contact number of the owner of the shop. (vi) Name and contact numbers of the authorities to whom complaints may be filed. Section 16 Ration Card The identified households shall be issued a ration card which clearly displays the entitlements. (a) The ration card shall be issued in the name of the adult women member of the family. (b) In absence of an adult female member the ration card shall be issued in the name of adult male member.
Section 17 Protection of Agricultural Land of Persons Engaged in Growing Essential Food Items. The Government shall not convert the character of an agricultural land which supports the food security of the people so that the accessibility of the foodgrains in the market is not affected. (a) The agricultural land growing essential food items shall not be converted to cash crops. (b) The Government shall adequately compensate the farmers engaged in growing essential food items in case of failure of the crop due to natural or man made causes. Section 18 Rule Making Power The Central Government and the State Government are empowered to make rules for smooth implementation of the Act. In case of conflict between the Central and State rules, the rules made by the Central Government shall prevail. Schedule I Nutritional Standard Category Calorie Protein Cereals Children of 6 months to 6 years 500 12 15 500 Malnourished children of 6 months to 3 years 800 20-25 800 Pregnant and lactating mothers 600 18-20 500 Malnourished pregnant and lactating mothers 1000 25-30 800 Children of primary section of schools 500 12-15 500 Children of middle and high school 500 15 500