The National Food Security Act, 2013
The National Food Security Act, 2013 (NFSA)
Background and Purpose
The National Food Security Act, 2013, also known as the Right to Food Act, is a landmark legislation in India that aims to provide legal entitlement to food and nutritional security to a large section of the Indian population. It seeks to implement the right to food as a fundamental right under the directive principles of state policy.
Objectives of the Act
To provide food and nutritional security by ensuring access to adequate quantity of quality food at affordable prices.
To target the vulnerable and marginalized sections of society, particularly below poverty line (BPL) households.
To reduce hunger, malnutrition, and promote social justice.
To establish a legal framework for the implementation of schemes like the Public Distribution System (PDS).
Key Provisions of the Act
1. Coverage
The Act covers 75% of the rural population and 50% of the urban population for receiving subsidized food grains.
This translates to about 67% of the total population of India.
2. Entitlement of Food Grains (Section 3)
Eligible households are entitled to receive 5 kg of food grains per person per month.
Food grains covered include rice, wheat, and coarse grains.
The prices are highly subsidized:
Rice: ₹3 per kg
Wheat: ₹2 per kg
Coarse grains: ₹1 per kg
3. Priority and Antyodaya Anna Yojana (AAY) Households
Special focus on the Antyodaya Anna Yojana households, who are the poorest of the poor.
AAY households receive 35 kg of food grains per household per month.
4. Nutritional Support to Women and Children
Pregnant women, lactating mothers, and children (6 months to 14 years) are entitled to meal and nutrition support through maternity benefits and mid-day meal schemes.
Specific nutritional standards are mandated.
5. Grievance Redressal Mechanism
Establishment of Food Commission at the central and state level.
District-level mechanisms for addressing complaints and ensuring transparency.
6. Penalties
The Act prescribes penalties for denial of food grains or services without valid reason.
The penalties include fines and imprisonment for public servants or others found guilty of malpractice.
7. Identification of Eligible Households
The process of identifying beneficiaries is done by the state governments based on the latest socio-economic data, census, and poverty estimates.
Implementation and Impact
The Act enshrines the right to food as a legal entitlement, meaning beneficiaries can seek enforcement in courts.
The Act supplements and strengthens the Public Distribution System (PDS).
It aims to significantly reduce hunger and malnutrition by ensuring access to affordable food grains.
It also promotes accountability by mandating transparency and grievance redressal mechanisms.
Important Case Laws Related to NFSA
1. People’s Union for Civil Liberties (PUCL) v. Union of India (2001)
Though predating the NFSA, this case laid the groundwork for the right to food.
The Supreme Court recognized the right to food as implicit under the right to life (Article 21).
Directed the government to ensure food security programs, including mid-day meals and PDS reforms.
This case influenced the drafting of NFSA.
2. Rajdhani Unnayan Kartripakkha v. Union of India (2019)
The Supreme Court emphasized the implementation of NFSA and the importance of timely and adequate food distribution.
The Court directed that no eligible beneficiary should be denied food grains under NFSA.
It also ordered strict adherence to grievance redressal mechanisms under the Act.
3. Right to Food Campaign & Anr. v. Union of India & Ors.
The Delhi High Court in several orders underlined the importance of transparency in the identification of beneficiaries.
Directed state governments to publish beneficiary lists and to ensure proper grievance mechanisms.
Emphasized that corruption and exclusion errors in PDS violate the right to food under NFSA.
4. State of Tamil Nadu v. K. Balu (2018)
The Supreme Court upheld that the NFSA creates enforceable legal rights.
It ruled that denial of subsidized food grains without valid reason violates the right to food.
Directed states to improve identification and distribution mechanisms.
Summary Table
| Feature | Details |
|---|---|
| Enacted | 2013 |
| Coverage | 67% population (75% rural, 50% urban) |
| Food Grain Entitlement | 5 kg per person/month |
| Subsidy Prices | Rice ₹3/kg, Wheat ₹2/kg, Coarse grains ₹1/kg |
| Special Groups | Pregnant women, lactating mothers, children, AAY households |
| Grievance Mechanism | State/District Food Commissions |
| Legal Status | Legal entitlement enforceable in courts |
| Key Objective | Food and nutritional security, reduce hunger |
Conclusion
The National Food Security Act, 2013 is a transformative law aimed at ensuring food security as a fundamental right for the poor and vulnerable sections of India. By making food grains affordable and accessible, it supports the government's goal to eliminate hunger and malnutrition.
The accompanying judicial pronouncements strengthen its implementation by holding governments accountable to their constitutional duty under Article 21 (Right to Life).
RELATED Blog
0 comments