The West Bengal Food Security Rules 2016 have been declared
on 3rd January 2017 with the express purpose of ensuring better
functioning of the National food Security Act 2013. However there are gross
lacunae in these rules, so that much improvement cannot be expected. The
problems are given below:-
1.
Non-formation
of the State Food Commission
Under Section 16 of the NFSA
2013, the State Government is required to form a State Food Commission. The
Commission is to monitor
and evaluate the implementation of this Act; inquire into violations of
entitlements provided; hear appeals against orders of the District Grievance
Redressal Officer; give advice to the State Government, and other agencies for
the effective implementation of food and nutrition related schemes and Act;
and, prepare annual reports which shall be laid before the State Legislature.
It
is now 4 years since the Act has been passed , but no State Commission has been
formed. The Rules (Rule 8(5)), however, mention that if the complainants or
officers are dissatisfied with the DGRO’s orders they may appeal to the State
Commission. The entire Grievance Redressal process under the Act is therefore
incomplete.
2.
Inclusion Of All Concerned Departments
The NFSA is not just a law for
Public Distribution System (PDS) . It is a law with the following provisos:-
i.
provisions for nutritional support to pregnant women and lactating
mothers through provision of cooked food in anganwaris,
and through a maternity entitlement of Rs.6000 (Section 4);
ii.
provision for nutritional support to children through anganwaris and cooked food at school(Section 5);
iii.
provision for prevention and management of severe child malnutrition(Section 6);
iv.
right to receive food security allowance (Section 8);
v.
provision to make special provisions for
food security for people living in remote, hilly and tribal areas.(Section 30)
vi.
provisions for steps to further advance
food and nutritional security. (Section 31)
The NFSA also clearly
stipulates that the State Government is responsible not for just PDS but also
for other welfare schemes under the Act. Thus, as per Section 24, the State
Government is not just responsible for the monitoring of the PDS, but it is “responsible
for implementation and monitoring of the schemes of various Ministries and
Departments of the Central Government……for ensuring food security to the
targeted beneficiaries in their State.”
As per Section 28, the
State Government is also responsible for “periodic social audits on the
functioning of fair price shops, Targeted Public Distribution System and other
welfare schemes...”
As per Section 29,
Vigilance Committees formed by the State Government are to “perform the
following functions, namely:—
(a) regularly supervise
the implementation of all schemes under this Act;”
The Act therefore goes
much beyond the PDS and would involve departments other than the Food and Civil
Supplies Department such as the Women and Child Welfare Department (for anganwaris), Health Department (for
maternity benefits) and the Education Department (for school meals).
However, the Rules have
been formulated as if only the Food and Civil Supplies Department are involved.
The Rules must be changed to include all departments.
In particular
we would like to draw attention to the following:-
Rule 6 (2) limits the powers
of the DGRO to inquire into complaints related to issuance and cancellation of
ration cards; non distribution of food grains and any other matter related to
the PDS. Similarly, Rule 6 (3) limits the filing of complaints to the DGRO to
the above-mentioned matters alone and mentions that the complaints field before
the DGRO must concern only “matters mentioned in sub rule (2) of Rule 6.”
The rules regarding monitoring
and vigilance committees specifically refer to monitoring of ration shops and
the PDS at all levels and do not mention other welfare schemes at all.
3.
Social Audit
Rule
10 mentions that “the State Government may entrust a local authority “ or “if
it considers necessary, entrust other bodies such as research organisations,
civil society organisations, NGOs or Gram Sansads etc. to conduct social audits
on such terms and conditions as may be specified.” Looking at the abysmal
record of weeding out corruption in the public distribution system, it is
suggested that it should be made mandatory to involve non-government bodies
like research organisations, civil society organisations and NGOs in social
audit. Also, social audit by Gram Sansads and their recommendation should be
made mandatory for renewal of fair shop licenses, for continuation of service
of anganwaris workers, midday meal cooks and self help groups and schools
teachers who manage the midday meal scheme.
4.
Monitoring and Vigilance Committees
Under Rules 11 to 14, Monitoring and Vigilance
committees are being formed from the state level to the district, block and
fair price shop level. In the past, these Committees have failed in their task
of improving the functioning of the Fair Price Shops and other welfare schemes
because they are often unaware of their responsibilities. Similarly, meetings
of these committees at all levels are irregular and sometimes do not take place
at all for years. A process of training for committee members , and a system of
supervising and monitoring the functioning of these committees must be set up.
By
Anuradha Talwar
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