An Act to ensure dignified economic and social access to adequate food and other requirements of good nutrition for all residents of the country, at all times, in pursuance of their fundamental right to be free from hunger, malnutrition and other deprivations associated with the lack of food.

Preamble

WHEREAS, Article 21 of the Constitution of India guarantees a fundamental right to life and personal liberty;

AND WHEREAS the right to life and personal liberty under Article 21 includes the right to food;

AND WHEREAS, Article 39 (a) of the Constitution of India obliges the State to direct its policy towards ensuring that the citizens, men and women, equally, have the right to an adequate means of livelihood;

AND WHEREAS, Article 47 of the Constitution of India makes it one of the primary duties of the State to raise the standard of nutrition and the standard of living of its people and to improve public health;

AND WHEREAS, Article 25 of the Universal Declaration of Human Rights (1949) recognizes the right of everyone to adequate food;

AND WHEREAS, Article 11 of the International Covenant on Economic, Social and Cultural Rights (1966) and the General Comment 12 of the Committee on Economic, Social and Cultural Rights further elaborate the responsibilities of all State Parties to recognize the right of everyone to be free from hunger;

AND WHEREAS further responsiibilities in this regard, particulary with reference to children and women, derive from the Convention of the Rights of the Child (Articles 27.1 and 27.3) and the Convention on the Elimination of All Forms of Discrimination against Women (Article 12);

BE it enacted by Parliament in the Fifty Ninth Year of the Republic of India as follows:

Statement of Objects and Reasons

The Supreme Court of India in Chameli Singh Vs State of UP (1996) 2 SCC 549 has held that the fundamental right to life under article 21 of the Constitution necessarily incorporates the right to food. In PUCL vs Union of India and others (Writ Petition Civil 196 of 2001), the Supreme Court has further held that the state’s obligations in this regard include ensuring “that the poor and the destitute and the weaker sections of the society do not suffer from hunger and starvation”. It is therefore imperative to create and enforce legal entitlements and obligations to ensure that every person is assured physical, economic and social access to adequate food with dignity as is necessary to lead an active and healthy life.

Chapter I: Preliminary

AUTONUM \* Arabic 1. Short Title, Extent and Commencement

AUTONUM \* Arabic 1. This Act shall be called the Right to Food Act 2009 and it shall extend to the whole of India except for the State of Jammu and Kashmir.

AUTONUM \* Arabic 2. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

AUTONUM \* Arabic 2. Definitions

AUTONUM \* Arabic 1. In this Act, unless the context otherwise requires:

“Adult” means a person who has completed eighteen years of age.
“Anganwadi” means a child care centre set up under the Integrated Child Development Services (ICDS).
“At 2009-10 prices” means enhanced in norminal (rupee) terms in accordance with the Consumer Price Index, to ensure that there is no loss of real purchasing power relative to what could have been purchased in 2009-10 with the stated number of rupees;
“Bonded labourer” means a person, adult or child, who is working in lieu of an advance or loan taken, is not free to work elsewhere and is receiving less than minimum wages.
“BPL Census” means the Census to be conducted under Section 12 for the purpose of distributing BPL Cards and Antyodaya Cards.
“Crèche” means a public child care facility for children below the age of 3 years, with appropriate facilities and a trained care-giver.
“Disabled person” means a person defined as disabled under the Persons with Disabilities Act 1995.
“Elderly person” means a person aged 65 years or above.
“Emergencies and Disaster situations” include any natural or human-made emergency including floods, droughts, famines, cyclones, earthquakes, tsunami, fires, epidemics, communal or caste violence, etc.
“Fair Price Shop” means an outlet through which Public Distribution System (PDS) commodities are delivered to households.
“Food” means any substance that can be eaten or drunk with dignity and provides nourishment;
“Health centre” means any public facility set up for the purpose of providing health care, including Community Health Centres, Primary Health Centres, Primary Health Sub-Centres, etc.
“Household” means a nuclear family consisting of an adult woman, her spouse if any, and their biological or adopted minor children; and in case there are no adult women in the household, then an adult male and his biological or adopted minor children;
“Household head” means the person acknowledged as taking the main responsibility for the survival and nutritional wellbeing of the household members; for the purpose of this Act this shall generally be a woman.
“Hunger” means the denial of adequate food to ensure an active and healthy life.
“Mini-Anganwadi” means a child care centre set up under the Integrated Child Development Services in small habitations, as an extension of the network of full-fledged Anganwadis, and providing all ICDS services but possibly with a single Anganwadi worker and rudimentary infrastructure.
“National Commission” means the National Food and Nutrition Commission constituted under Section 19.
“Notification” means a notification published in the Official Gazette.
“Nutrition norms” means scientific norms for intake of calories, proteins and other nutrients, including the norms given in Schedules II and III for mid-day meals under various nutrition-related schemes.
“Nutrition Rehabilitation Centre” means a centre in a hospital, Primary Health Centre or similar health facility that provides care and treatment by trained staff for the rehabilitation of malnourished children.
“Nutrition-related schemes” means any scheme involved in the implementation of this Act, including those listed in Schedule I.
“Prescribed” means prescribed by Rules made under this Act.
“Private contractor” means any profit-oriented private entrepreneur, enterprise or corporation involved in the delivery of commodities or services to the public sector.
“Public Distribution System” (PDS) means the state-sponsored and state-financed system of distribution of essential commodities at subsidized prices through a network of “Fair Price Shops” or PDS outlets.
“Records” means records as defined in the Right to Information Act 2005.
“Referral services” means assistance to approach a public health facility, including a written recommendation for examination or treatment.
“Right to food” means dignified economic and social access to adequate food and other requirements of good nutrition for all residents of the country, at all times, so that they may be free from hunger, malnutrition and other deprivations associated with the lack of food.
“Rural area” means any area in a State except those areas covered by any urban local body or a Cantonment Board established or constituted under any law for the time being in force.
“Severe and acute malnutrition” means malnutrition defined as severe acute based on World Health Organization (WHO) norms.
“Single woman” means a woman who is widowed, divorced, separated or deserted, or is unmarried and aged above 35 years.
“Social Audit” means informed collective evaluation by citizens of the actions or decisions taken by any public servant or government institution.
“Slums” are informal urban settlements, mostly on government land, which are unplanned, with very poor quality of housing and highly underserved with public services. These may be authorised (or recognised by government), or unauthorised (or unrecognised by government).
“Starvation” means hunger prolonged to the extent that it threatens survival or leads to morbidity that would not have occurred if the individual were well nourished.
“Take-home rations” means food that can be taken and prepared or eaten at home, and stored in room temperature for at least two weeks.
“Therapeutic Food” means food designed for specific, usually nutritional, therapeutic purposes including, inter alia, the treatment of severe acute malnutrition in children.

Chapter II: Eliminating Destitution and Vulnerability

AUTONUM \* Arabic 3. Antyodaya Programme for Vulnerable Groups

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AUTONUM \* Arabic 1. Antyodaya Cards: For the purpose of protecting all residents of the country from hunger and destitution, Antyodaya Cards shall be distributed to vulnerable households at the time of the BPL Census to be conducted under Section 12 in accordance with the basic principles laid out in Schedule V.

AUTONUM \* Arabic 2. Distribution of Antyodaya Cards: In rural areas, the distribution of Antyodaya Cards shall be done by the Gram Panchayats, among BPL Card holders, subject to ratification (in writing) by the Gram Sabhas. In urban areas, the distribution of Antyodaya Cards shall be the responsibility of the State Government.

AUTONUM \* Arabic 3. Priority groups: The “priority groups” listed in Schedule VII are automatically entitled to an Antyodaya card, irrespective of any other eligibility criteria.

AUTONUM \* Arabic 4. Waiving of BPL criterion: It shall be the prerogative of the Gram Panchayat to give Antyodaya Cards to households not holding a BPL Card, with the consent of the Gram Sabha, in cases where the Gram Panchayat and Gram Sabha consider that these households were inadvertently missed by the BPL Census.

AUTONUM \* Arabic 5. Entitlements of Antyodaya Card Holders: Households holding an Antyodaya Card shall be entitled to the following support:

At least 35 kgs of grain per month at a price not exceeding Rs 2/kg under the Public Distribution System.
At least 5 kgs of pulses at a price not exceeding Rs 20/kg and 500 gms of oil at a price not exceeding Rs 35/kg under the Public Distribution system.
In the case of elderly persons, single women and disabled persons from these households in rural areas, a cooked mid-day meal to be provided at a community kitchen, or, failing that, permission to eat a cooked mid-day meal at the local Anganwadi or school.
Admission of school-age children in government-run residential schools (in both rural and urban areas), on demand.
Double quota of food for all children below 6 years, pregnant and nursing women and adolescent girls under ICDS, around the year, to prevent them from slipping into severe malnutrition.
Double quota of maternity entitlements for pregnant and nursing women.
Social security pensions of at least Rs 400 per month (at 2009-10 prices) for all elderly, widowed or disabled members of these households, under Section 14, to be delivered latest by the 7^th day of each month.
Employment under the National Rural Employment Guarantee Act (NREGA), without any restriction on the number of days of work.
Supply of one quintal of cereal a month for 6 months from the date of identification, or until all other measures listed above are in place, whichever is the later date.

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AUTONUM \* Arabic 6. Migrant workers: Appropriate measures will be devised to ensure that all migrant workers within the country and their families are able to access all their entitlements under this Act, irrespective of their location.

AUTONUM \* Arabic 4. Urban Destitution

AUTONUM \* Arabic 1. Right to food in urban areas: The following special measures shall be taken to protect the right to food of urban poor people:

Opening of community kitchens providing nutritious hot cooked food at reasonable prices in all cities with a population of 100,000 and above, and also wherever demanded by 50 or more persons at any location, within one month of receiving such an application.
At the time of the BPL Census to be conducted under Section 12, a special house-to-house drive will be undertaken to ensure that all priority groups (including among the homeless and slum residents) listed in Schedule VI have a BPL Card, and that all those listed in Schedule VII have an Antyodaya Card.
Admission in government-run residential schools of all urban street and working children without responsible adult protection.

AUTONUM \* Arabic 5. Starvation Deaths

AUTONUM \* Arabic 1. Obligation to respond: In the event of a complaint or report of starvation death from any source (whether through a written application, verbal complaint, media report, or related communications), it is the duty of the Distrct Collector and the District Panchayat head to expeditiously institute an investigation into the conditions of chronic and acute food denials in the affected family and community. Without awaiting the findings of the field investigations to establish starvation deaths, once it is established prima facie that there exist conditions of vulnerability to starvation for a dispossessed community or household, to it is the duty of the Distrct Collector and the District Panchayat head to expeditiously provide immediate, medium and long-term relief to the concerned community or household, and to ensure the effective functioning of all nutrition-related schemes in the area, as per the protocol in Schedule IX.

AUTONUM \* Arabic 2. Social audits: There must also be a careful official as well as well-publicised affected people’s social audit of why they could not access their food entitlements from the nutrition-related schemes relevant for them.

AUTONUM \* Arabic 6. Emergencies and Disaster Situations

AUTONUM \* Arabic 1. Emergency Antyodaya Cards: Households involuntarily displaced or otherwise seriously affected by natural disasters, communal violence or any other natural or human-made emergency or disaster situation will be entitled to provisional Antyodaya Cards (with the same benefits as other Antyodaya Card holders), valid for a period of one year.

AUTONUM \* Arabic 2. Doubled entitlements: These households shall also be entitled to doubled entitlements under all nutrition-related schemes for a period of one year.

Chapter III: Children’s Right to Food

AUTONUM \* Arabic 7. Infant and Young Child Feeding

AUTONUM \* Arabic 1. Breastfeeding support: Every mother shall be provided with all support services required for exclusive breastfeeding up to six months, including breastfeeding counselling and crèche facilities at work places.

AUTONUM \* Arabic 2. No promotion of baby foods: The provisions of the Infant Milk Substitutes (IMS) Act, 2003 shall be strictly enforced. In particular, promotion of baby foods or infant milk substitutes, using any kind of media, by public or private companies, shall not be allowed at any level either with the public or with professionals.

AUTONUM \* Arabic 3. Take-home rations: All pregnant and nursing women and all children in the age group of 6 months to 3 years shall be provided weekly take-home rations that can be locally prepared and meet the minimum nutrition norms specified in Schedule II, with adequate animal proteins (milk, eggs, meat, fish) as well as fats, fruit and vegetables. The take-home rations shall be provided for at least 300 days in a year. The financial allocations for these take-home rations shall be the same as those applying to mid-day meals in schools under Section 9, including the implicit value of the foodgrain component. No private contractors shall be used for the supply of take-home rations.

AUTONUM \* Arabic 8. Children Aged 0-6 Years

AUTONUM \* Arabic 1. Universalization of ICDS: All children in the age group of 0-6 years shall be entitled to basic nutrition, health and pre-school education services under the Integrated Child Development Services (ICDS).

AUTONUM \* Arabic 2. Basic services: These basic services shall include all child development services available under ICDS as of 1 April 2009, namely: (1) supplementary nutrition; (2) immunization; (2) health check-ups; (4) referral services; (5) growth monitoring and promotion; (6) pre-school education.

AUTONUM \* Arabic 3. IYCF as an additional service: These basic services shall also include “infant and young child feeding” (IYCF) counselling as an additional ICDS service, with a separate budget head. This shall include skilled counselling and support for initiating breastfeeding within the first hour of birth, continued counselling and support in the form of home visits for maintaining exclusive breastfeeding for six months, and counselling and support for continuing breastfeeding for two years or more, along with adequate and appropriate complementary feeding.

AUTONUM \* Arabic 4. Anganwadis for all: For the purpose of providing ICDS services, a full-fledged Anganwadi shall be made available in every habitation of at least 300 persons. There shall be no ceiling on the number of children to be enrolled in a particular Anganwadi, and no eligibility criterion other than age.

AUTONUM \* Arabic 5. Tiny or scattered habitations: In habitations of less than 300 persons, ICDS services may be provided through extension services or mini-Anganwadis, linked with the nearest Anganwadi.

AUTONUM \* Arabic 6. Anganwadis on demand: Rural communities and slum dwellers shall be entitled to an “Anganwadi on demand” (not later than three months from the date of demand) in cases where a settlement has at least 40 children under the age of six years but no Anganwadi.

AUTONUM \* Arabic 7. Cooked mid-day meal: It shall be the duty of all Anganwadis to provide a hot, cooked, nutritious mid-day meal to children who attend the Anganwadi for pre-school and/or day care, every day of the year, except during holidays (and in any case for at least 300 days). The financial allocations for this mid-day meal shall be the same as those applying to mid-day meals in schools under Section 9, including the implicit value of the foodgrain component.

AUTONUM \* Arabic 8. No private contractors: In rural areas, the mid-day meal under ICDS shall be cooked on the Anganwadi premises, using local foods, without the involvement of any private contractor.

AUTONUM \* Arabic 9. Inclusion: Special provisions shall be made for the inclusion of marginalized children in ICDS, including differently-abled children, street children, and children of migrant families.

AUTONUM \* Arabic 10. Minimum Facilities: Each Anganwadi shall have the following minimum facilities:

· At least two Anganwadi workers and one Anganwadi helper.

· Its own, independent pacca building.

· Weighing scales required for different age groups.

· A medical kit with basic drugs (including ORS and IFA tablets/syrup).

· A kitchen with adequate ventilation, utensils, storage facilities, etc. (When the Anganwadi and primary school are close to each other, they may share a common kitchen shed.)

· Safe drinking water.

· Plates in sufficient quantity for all children.

· Toys and teaching material for pre-school education.

AUTONUM \* Arabic 9. School Meals

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AUTONUM \* Arabic 1. Cooked mid-day meals: It shall be the duty of all government and government-aided schools to provide a hot, cooked, nutritious mid-day meal to children up to Class 8 every day of the year, except during school holidays (and in any case for at least 200 days).

AUTONUM \* Arabic 2. Droughts and disasters: At times of drought or natural or human-made disasters, mid-day meals shall also be provided during school holidays.

AUTONUM \* Arabic 3. Weekly menu: The mid-day meal shall have a different menu on each day of the week. The weekly menu shall be prominently painted on the walls of the school, along with a functional Helpline number.

AUTONUM \* Arabic 4. Nutrition norms: The nutrition content of the mid-day meal should be such as to meet the minimum nutrition norms (calories, proteins etc.) specified in Schedule III.

AUTONUM \* Arabic 5. No private contractors: In rural areas, the mid-day meal shall be cooked on the school premises, using local foods. Private contractors shall not be allowed to supply the meal, or the ingredients.

AUTONUM \* Arabic 6. Minimum facilities: For the purpose of effective and hygienic provision of the mid-day meal, every government or government-aided primary school (or school with a primary section) in rural areas shall have the following minimum facilities:

A kitchen shed with adequate ventilation, utensils, storage facilities, etc.
At least one cook and helper, earning the minimum wage applicable to NREGA workers.
Safe drinking water.
Plates in sufficient quantity for all children.

AUTONUM \* Arabic 7. Social equity: Mid-day meal cooks and helpers shall be women from the local community. Preference shall be given to single women and SC/ST women in the appointment of cooks and helpers, in such a way that at least half of them are from these disadvantaged groups.

AUTONUM \* Arabic 8. Financial allocations: The financial allocation for mid-day meals shall be no less than Rs 5 per day at 2009-10 prices, aside from a grain quota of 100 grams per child per day.

AUTONUM \* Arabic 10. School Health Services

AUTONUM \* Arabic 1. Mandatory health check-ups: All school-going children in government and government-aided schools shall be entitled to a health check-up at least thrice a year. Health check-ups shall include all items listed in Schedule IV. Further, free treatment shall be provided to these children for the ailments listed in Schedule IV.

AUTONUM \* Arabic 2. Implementation: School health services shall be arranged by the nearest Primary Health Centre (PHC), under the general supervision of the district’s Chief Medical Officer.

AUTONUM \* Arabic 3. Private schools: All recognised private schools shall organise the same health services at their own cost.

AUTONUM \* Arabic 11. Severe and Acute Malnutrition

AUTONUM \* Arabic 1. Nutrition Rehabilitation Centres: For the purpose of treating children suffering from “severe and acute malnutrition” (SAM), nutrition rehabilitation centres (NRCs) shall be set up in every District within one year, and in every Primary Health Centre within five years of this Act coming into force.

AUTONUM \* Arabic 2. Identification: Identification of SAM-affected children (based on WHO norms) shall be the responsibility of Anganwadi workers under ICDS. Suitable training shall be imparted to them for this purpose. In the event of any complaint or other alert of the possibility of a child suffering from severe and acute malnutrition in the Gram Panchayat, it shall be the duty of the Anganwadi worker to investigate the situation and refer the mother and child to a nutrition rehabilitation centre if required.

AUTONUM \* Arabic 3. Free treatment: All SAM-affected children are entitled to free treatment at the nearest NRC, for as long as may be required to restore them to good health. During this period, the mother of the concerned child shall also be entitled to free board and lodging at or near the same NRC.

AUTONUM \* Arabic 4. Community-based option: Uncomplicated cases of SAM that do no require NRC-based treatment, after due examination by medical staff, shall be treated by being given locally produced therapeutic food, with proper counselling to the family on the protocol for feeding.

Chapter IV: Public Distribution System

AUTONUM \* Arabic 12. PDS Entitlements

AUTONUM \* Arabic 1. Entitlements of BPL Card holders: Every household holding a “BPL” (Below Poverty Line) Card shall be entitled to a monthly quota of at least 35 kgs of grain, at a price not exceeding Rs 3/kg for rice and Rs 2/kg for wheat, under the Public Distribution System (PDS).

AUTONUM \* Arabic 2. BPL Census: For the purpose of distributing BPL Cards, a BPL Census shall be conducted every five years throughout the country. The BPL Census shall be based on transparent and verifiable criteria, using a simple method that lends itself to public participation and verification, in accordance with the basic principles laid out in Schedule V.

AUTONUM \* Arabic 3. Nuclear-family approach: Each nuclear family shall be treated as a separate household for the purpose of conducting the BPL Census and issuing BPL cards.

AUTONUM \* Arabic 4. Women as household heads: Women shall be considered as the head of the household for the purpose of distribution of BPL Cards and Antyodaya Cards, unless there is no adult woman in the household.

AUTONUM \* Arabic 5. Priority groups: The “priority groups” listed in Schedule VI are automatically entitled to a BPL card, irrespective of any other eligibility criteria.

AUTONUM \* Arabic 6. Display of BPL list: In rural areas, the list of BPL households shall be painted prominently on the walls of the Panchayat Bhawan (or similar public building) within 30 days of the BPL Census being completed. In urban areas, it shall be posted on notice boards at the head offices of Urban Local Bodies. All BPL lists will also be posted on the internet.

AUTONUM \* Arabic 7. Transparency of records: All PDS-related records are in the public domain and open for public scrutiny on demand under Section 22.

AUTONUM \* Arabic 13. Preparedness of the Public Distribution System

AUTONUM \* Arabic 1. FPS management: All State Governments shall transfer the management of all Fair Price Shops to government and semi-government bodies, including Gram Panchayats, so as to enhance their public accountability.

AUTONUM \* Arabic 2. Viability of FPS: The Central Government and State Governments shall take necessary steps, including those outlined in Schedule VIII, to make the operations of the Fair Price Shop financially viable.

AUTONUM \* Arabic 3. Doorstep delivery of foodgrains to FPS: It shall be the responsibility of the State Governments to undertake doorstep delivery of the foodgrains to all Fair Price Shops. This will be done by public bodies such as the State Food and Civil Supplies Corporations or Department of Food and Civil Supplies. All private contractors and other private agencies that are performing this function will be disallowed from doing so within one year of this Act coming into force.

AUTONUM \* Arabic 4. Transparency and accountability of the PDS: Within one year of the Act coming into force, the Central Government and State Governments shall take necessary steps, including those outlined in Schedule VIII, to ensure accountability and transparency in the PDS.

AUTONUM \* Arabic 5. Social audit: A social audit of each FPS will be conducted by the Gram Sabha (in rural areas) and Mohalla Sabha (in urban areas) once a year, and the renewal of the license of the FPS for the next year will be conditional on the approval of the Gram Sabha / Mohalla Sabha.

AUTONUM \* Arabic 6. PDS-related offences to be made cognizable: Notwithstanding anything contained in any Act for the time being in force, offences relating to PDS shall be cognizable.

Chapter V: Other Interventions

AUTONUM \* Arabic 14. Pension-Based Social Assistance

AUTONUM 1. Pension entitlements: In rural areas, the following persons shall be entitled to an individual pension of at least Rs 400 per month (at Rs 2009-10 prices), without prejudice to any other benefits or entitlements they may have under this Act, provided that they belong to a household that possesses a BPL Card or an Antyodaya Card:

Widows.
Elderly persons.
Disabled persons.

AUTONUM 2. Gram Panchayat Certification: Eligibility to a pension, in terms of these criteria, shall be certified by the Gram Panchayat.

AUTONUM 3. Timely disbursal: Pensions shall be disbursed regularly every month, by the 7^th day of each month, through Post Offices or bank accounts of the recipients.

AUTONUM 4. National Social Assistance Programme: Within one year of this Act coming into force, the Central Government shall consolidate the centrally-sponsored schemes relevant to these pensions into an integrated National Social Assistance Programme, for the purpose of disbursing these pensions in a timely and efficient manner.

AUTONUM 5. Local social security funds: As and when deemed feasible in a particular state, pension funds in rural areas shall be disbursed through “local social security funds” created at the Gram Panchayat level and managed by the Gram Panchayat. In such cases, the selection of pension recipients (elderly persons, widows and disabled persons) from these local social security funds shall be done by the Gram Panchayat, subject to ratification (in writing) by the Gram Sabha.

AUTONUM \* Arabic 15. Maternity Entitlements

AUTONUM 1. Maternity benefits: Maternity benefits of at least Rs 1,000 per month (at 2009-10 prices) for six months, from the 7^th month of pregnancy, shall be extended to pregnant women for care during pregnancy and after delivery under the National Maternity Benefits Scheme (NMBS).

AUTONUM 2. Gradual universalization: The coverage of this Scheme shall be gradually expanded, from coverage of all pregnant women with Antyodaya Cards within one year of this Act coming into force to universal coverage of all pregnant women within five years.

AUTONUM 3. Priority to BPL households: While expanding the coverage of this Scheme beyond the first year, priority shall be given to pregnant women from BPL households.

AUTONUM 4. Unconditional benefits: No conditionalities shall be attached to maternity benefits under NMBS. In particular, the benefits shall apply irrespective of the place of birth, age of mother or number of children.

AUTONUM 5. Timely disbursal: Maternity benefits shall be disbursed regularly every month, by the 7^th day of each month, through Post Offices or bank accounts of the recipients.

AUTONUM \* Arabic 16. Crèches

1. Crèches for working women: Crèches shall be made available for working women through the following schemes:

Anganwadi-cum-crèches under ICDS: Crèche services shall be provided under ICDS in a phased manner, beginning with 10% of all Anganwadis within two years of this Act coming into force. There shall be a further provision for ‘Anganwadi-cum-crèche on demand’, where there is such a demand from at least 20 mothers of children under three years in a habitation. The Anganwadi-cum-crèches shall have the following minimum facilities, in addition to those listed in Section 8 for all Anganwadis:
- An additional room for children under three years of age.
- Additional wages for the two Anganwadi workers and Anganwadi helper for working full-time in the crèche.
- A morning snack and an evening snack for children under three years, over and above the mid-day meal.
Rajiv Gandhi National Crèche Scheme: The provision of crèche facilities in response to demand from at least 20 mothers may also be arranged under the Rajiv Gandhi National Crèche scheme, and the resources allocated to this scheme (as on 1 April 2009) shall be enhanced accordingly.
Crèches under the National Rural Employment Guarantee Act (NREGA): The provision of child care facilities at NREGA worksites, under Schedule II Para 28 of the National Rural Employment Guarantee Act, shall be strictly implemented. These facilities shall be provided not only where five children under the age of six years are present at the worksite, as prescribed under NREGA, but also where five working women demand them. Further, child care facilities at NREGA worksites shall be linked with the nearest Anganwadi to ensure that they provide the same basic services as mini-Anganwadis, including nutritious food for the children and skilled care.

AUTONUM \* Arabic 17. Micronutrient Supplementation

AUTONUM \* Arabic 1. Iron and Vitamin A: National programmes for the prevention of Iron and Vitamin A deficiency shall be universalized within a year of this Act coming into force. In the case of children under the age of six years, these programmes shall be implemented through ICDS.

AUTONUM \* Arabic 2. Iodine: Iodised salt shall be used in the preparation of all meals in Anganwadis, primary schools and community kitchens.

AUTONUM \* Arabic 18. Nutrition Education

AUTONUM \* Arabic 1. School-based education: “Nutrition and health education” shall be included as a compulsory subject in the school curriculum, at the secondary level.

AUTONUM \* Arabic 2. Nutrition counselling under ICDS: Anganwadi workers shall provide home-based Nutrition and Health Education (NHE) services. Each household with a pregnant woman, nursing woman or child under three years of age shall be visited by an Anganwadi worker at least once in three months for the purpose of providing nutrition and health counselling.

AUTONUM \* Arabic 3. Monthly “health and nutrition day”: In each Anganwadi, a pre-fixed day of the month shall be reserved for specific activities such as distribution of take-home rations to pregnant and nursing women, immunization sessions, NHE sessions, weighing of children under three years, identification of malnourished children, and so on.

Chapter VI: Food and Nutrition Commission and Commissioners

AUTONUM \* Arabic 19. National Food and Nutrition Commission

AUTONUM \* Arabic 1. National Commission: The Central Government shall, by notification, constitute a body to be known as the National Food and Nutrition Commission (hereafter “the National Commission”) for the purpose of ensuring independent monitoring and enforcement of compliance with the provisions of this Act, and advising the Central Government on all matters related to the right to food. The National Commission shall exercise the powers conferred on, and perform the functions assigned to it under this Act.

AUTONUM \* Arabic 2. Location: The head office of the National Commission shall be at Delhi. However, the Commission shall be at liberty to open regional offices elsewhere also.

AUTONUM \* Arabic 3. Composition: The National Commission shall have not more than five members. Provided that not less than one half of the members shall be women. Provided also that not less than one-third of the members shall be those belonging to the Scheduled Castes, the Scheduled Tribes and Minorities.

AUTONUM \* Arabic 4. Chair and Member-Secretary: The National Commission shall be chaired by a person with good understanding of and contribution to matters pertaining to the right to food, and a distinguished record of public service or civic involvement, who is not otherwise an employee of any government and is not a member of any political party. The Member-Secretary shall also not otherwise be an employee of any government, and shall not be a member of any political party.

AUTONUM \* Arabic 5. Members: The members of the National Commission shall be selected in such a manner that different competencies relevant to the right to food are adequately represented.

AUTONUM \* Arabic 6. Selection of members: The Chairperson and members of the National Commission shall be appointed by a committee consisting of the Prime Minister (as chair of the committee), the leader of the opposition in the Lok Sabha, and a Supreme Court judge nominated by the Chief Justice.

The Chairperson and members of the National Commission shall be selected from a list of names prepared by the Planning Commission. The said list shall contain at least three eligible names for each of the positions for which appointments have to be made. Stand-alone applications may also be considered by the selection committee.

The complete list (including stand-alone applications) shall be put in the public domain no less than 30 days before it is submitted to the selection committee, along with, for each name, a short bio-data and a statement from the government on why the name was being recommended. The public will have a right to send in brief (not more than 100 words) objections to any one or more of the names and these will be compiled and also put up to the selection committee, with the response of the Planning Commission where required.

The list put up to the selection committee, along with a compilation of public comments and response of the Planning Commission, if any, will also be put into the public domain at least a week before the selection committee is to appoint the Chairperson and members of the National Commission.

The Member Secretary shall be nominated for a term of two years by the Chairperson of the Commission from among the members of the Commission, provided that the term of appointment can be extended by the Chairperson for one additional term of two years. The term of a Member Secretary would, however, be co-terminus with the term of the Chairperson that appointed that particular Member Secretary, provided that the new Chairperson may reappoint the same person to finish the remaining part of the term as Member Secretary.

AUTONUM \* Arabic 7. Facilities: The Central Government shall provide the National Commission with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to, and terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.

AUTONUM \* Arabic 8. Evaluation: The Commission shall have the power to undertake evaluations of nutrition-related schemes and for that purpose collect or cause to be collected statistics pertaining to the implementation of these schemes.

AUTONUM \* Arabic 9. Annual Report: The Commission shall prepare a comprehensive Annual Report on the implementation of this Act, to be placed before Parliament at the end of each financial year and also to be placed in the public domain, including web posting.

AUTONUM \* Arabic 10. Individual Reports: Each member of the Commission shall also prepare a brief annual report at the end of each financial year, spelling out his or her contribution to the Commission’s work over the year. These individual reports shall be placed before Parliament as well as in the public domain.

AUTONUM \* Arabic 11. Powers of enquiry: The Commission, while enquiring into any matter, has all powers of the Civil Court trying a suit under the Code of Civil Procedures, 1908 and in particular, with respect to the following matters:

Summoning and enforcing the attendance of any person from any part of India and examining them on oath.
Requiring the discovery and production of any documents.
Receiving evidence on Affidavits.
Requisitioning of any Public Record or copy thereof from any Court of Office.
Issuing commissions for the examination of witnesses or documents.
Forwarding cases to Magistrates who have jurisdiction to try the same.

AUTONUM \* Arabic 12. Powers of action: On completion of inquiry, the Commission has the powers to take the following actions:

To make recommendations to concerned Government for initiation of proceedings for prosecution or other suitable action on finding any violation of the right to food and provisions of law during the course of an inquiry.
To approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary.
To recommend to concerned Government or authority for grant of such interim relief to the victim or the members of his/er family as considered necessary.
To make binding directions to governments at all levels, for administrative ways to better advance the objectives and various provisions of this Act.
To impose penalties on public servants, in accordance with Section 23, for failures to comply with the obligations and duties under this Act.

AUTONUM \* Arabic 13. Starvation deaths: The Commission shall also investigate, or cause to investigate, cases of alleged starvation deaths, and give binding instructions for relief, rehabilitation, fixing accountability for, and prevention of such deaths.

AUTONUM \* Arabic 20. Food and Nutrition Commissioners

AUTONUM \* Arabic 1. State Commissioners: A Food and Nutrition Commissioner shall be appointed in each state for the purpose of monitoring the implementation of this Act and advising the State Government on all matters related to the right to food.

AUTONUM \* Arabic 2. Powers of enquiry and action: The Food and Nutrition Commissioner shall have the same powers of enquiry and powers of action as the National Commission, as defined in Section 20.

AUTONUM \* Arabic 3. Fines: The Food and Nutrition Commissioner shall also be empowered to impose fines as per the provision of Section 23.

Chapter VII: Monitoring, Transparency and Grievance Redressal

AUTONUM \* Arabic 21. Nutrition Monitoring

AUTONUM \* Arabic 1. National Survey: A National Nutrition and Health Survey (NNHS) shall be conducted at least once every three years for the purpose of generating reliable and consistent data on the nutrition and health status of the Indian population.

AUTONUM \* Arabic 2. Scope: The sample size of the NNHS shall be sufficient to generate accurate estimates of basic nutrition and health indicators at the district level, including standard anthropometric indicators (such as weight-for-age, weight-for-height and height-for-age) and standard demographic indicators (such as infant mortality).

AUTONUM \* Arabic 3. Dissemination: The main findings of each NNHS shall be published within 6 months of the completion of the survey. The unit-record data shall be in the public domain and made available in convenient form, including CDs and the internet, within a year.

AUTONUM \* Arabic 22. Transparency Safeguards

AUTONUM \* Arabic 1. Transparency principle: All documents pertaining to nutrition-related schemes shall be in the public domain and available on demand. Copies of such documents shall not be refused under any circumstances. They shall be provided within 7 days, subject to the same fees as would apply under the Right to Information Act 2005.

AUTONUM \* Arabic 2. Suo moto disclosure: The National Food and Nutrition Commission shall compile a minimum list of essential documents that are to be pro-actively disclosed (under Section 4 of the Right to Information Act 2005) for each nutrition-related scheme. These documents shall be made available for public scrutiny in convenient form, including extensive internet postings and dedicated websites.

AUTONUM \* Arabic 3. Gram Panchayats: In each Gram Panchayat, basic information on nutrition-related schemes (including eligibility criteria, basic entitlements and lists of beneficiaries) shall be prominently posted on a board at the Panchayat Bhawan, or painted on the walls. In urban areas, the same shall be done at the head offices of Urban Local Bodies.

AUTONUM \* Arabic 4. Information boards: Scheme-specific “information boards” (with eligibility criteria, basic entitlements, and related information) shall also be maintained at the following sites in each Gram Panchayat: (1) all primary and upper-primary schools; (2) all Anganwadis; (3) all Fair Price Shops; (4) all health centres; (5) any other premises where nutrition-related schemes are being implemented.

AUTONUM \* Arabic 5. Social audits: A social audit of nutrition-related schemes shall be conducted every year in each Gram Panchayat, under the auspices of the Gram Sabha, convened specially for this purpose. The Gram Panchayat shall provide the Gram Sabha with all relevant documents for this purpose. The task of conducting social audits shall not be out-sourced to any private agent or institution.

AUTONUM \* Arabic 23. Grievance Redressal

AUTONUM \* Arabic 1. Disposal of complaints: Any complaint of violation of this Act shall be disposed of by the District Grievance Redressal Officer within 15 working days. This shall include imposing penalties on the responsible functionaries.

AUTONUM \* Arabic 2. Fines: Anyone who contravenes the provisions of this Act shall be liable to an immediate fine of up Rs 1,000 (at 2009-10 prices), without prejudice to any other possible legal proceedings. In particular, anyone guilty of any of the infractions listed in Schedule X shall be liable to such a fine. In the case where a fine is imposed on the same person, for a similar infraction, for the second or third time, it may go up to Rs 5,000 and Rs 20,000 (at 2009-10 prices), respectively. Government functionaries who are guilty of a third contravention shall be suspended and face departmental action.

AUTONUM \* Arabic 3. Mandatory fines: In the case of any of the pre-specified infractions listed in Schedule X, it shall be the duty of the District Grievance Redressal Officer to impose a fine under Section 23 on the responsible functionaries.

AUTONUM \* Arabic 4. Process: In the event where there is prima facie evidence of any contravention of the Act, it shall be the duty of the District Grievance Redressal Officer to send a show-cause notice to the concerned parties. In the event where the District Grievance Redressal Officer does not receive a satisfactory response within 7 days working days, it shall be his/her duty to impose such a fine.

AUTONUM \* Arabic 5. Gram Sabha recommendations: In cases where the Gram Sabha recommends, in a formal resolution adopted with proper quorum, that a fine is to be imposed under Section 23 on any person involved in implementing food-related schemes in the concerned Gram Panchayat, it shall be duty of the District Grievance Redressal Officer to impose this fine within 15 days, unless he or she is able to provide grounds against it in writing to the satisfaction of the Food and Nutrition Commissioner.

AUTONUM \* Arabic 6. Failure to fine: In the event where the District Grievance Redressal Officer fails to impose a fine as spelt out in the preceding paragraphs, and especially in the case of any infraction lisetd in Schedule X, he/she shall be liable to a fine of up to Rs 20,000. This fine shall be imposed by the Food and Nutrition Commissioner, along with a written note explaining the circumstances and reasons for imposing such a fine.

AUTONUM \* Arabic 7. Salary deductions: In the case of government employees, fines shall be deducted from salaries and mentioned in their service records.

AUTONUM \* Arabic 8. Compensation: In the event where evidence is found that any person has been deprived of his/her rights under this Act during the current financial year, he/she shall be entitled to compensation of up to three times the cash equivalent of the entitlements that have been denied.

AUTONUM \* Arabic 9. Helplines: Each District shall set up a special, toll-free Helpline to help people to secure their entitlements under this Act. A summary record of each call shall be posted within 24 hours on the internet. A summary of “action taken” shall be posted within 15 working days.

AUTONUM \* Arabic 10. Notification of District Grievance Redressal Officer: The state government may, by notification, appoint the District Collector or the Chief Executive Officer of the District Panchayat as the District Grievance Redressal Officer.

AUTONUM \* Arabic 11. Grievance redressal Rules: Within six months and one year of this Act coming into force, respectively, the Central and State Governments shall make Rules to give effect to robust grievance redressal mechanisms in comformity with this Act, including timely disposal of complaints, imposition of fines, and payment of compensation.

Chapter VIII: Duties of Respective Governments

AUTONUM \* Arabic 24. Duties of Central Government

AUTONUM \* Arabic 1. National Guidelines: Within six months of this Act coming into force, the Central Government shall notify National Guidelines for the nutrition-related schemes listed in Schedule I, consistent with all the provisions of this Act and entitlements created under it. These National Guidelines shall be made available to the public in convenient form, including translations in all major national languages, publication in print, and posting on the internet.

AUTONUM \* Arabic 2. Necessary approval: The notification of National Guidelines shall be contingent on approval by the National Food and Nutrition Commission. The National Commission shall review the respective National Guidelines within a month of their being made available by the Central Government. If any modifications are required, they shall be communicated in writing within that period and acted on within another month by the Central Government.

AUTONUM \* Arabic 3. Revision of Guidelines: The National Guidelines may be revised from time to time by the Central Government, subject to the approval of the National Food and Nutrition Commission.

AUTONUM \* Arabic 4. Expenses of the National Commission: The Central Government shall cover the expenses of the National Food and Nutrition Commission and make available to it all required facilities.

AUTONUM \* Arabic 5. Funding of nutrition-related schemes: The Central and States Governments shall contribute to the costs of nutrition-related schemes in accordance with the shares that applied on 1 April, 2009.

AUTONUM \* Arabic 6. Administrative expenses: For each nutrition-related scheme, a provision of at least 6 per cent shall be made for administrative expenses, including an allocation of 0.5 per cent for transparency measures such as information boards, social audits, awareness campaigns, Monitoring and Information Systems, etc. The administrative expenses will be borne by the Central Government.

AUTONUM \* Arabic 7. Promoting food production: The Central and State Governments have the obligation to encourage food production of cereals, pulses and oilseeds, including of small farmers and ensure adequate food availability in all locations at all times.

AUTONUM \* Arabic 8. Prevention of commercial interference: The Central and State Governments shall take strict measures to contain the influence of corporate and commercial interests hostile to the right to food on food policy and nutrition-related schemes, especially where they affect food safety and child nutrition. These measures shall include the following:

Banning and preventing the promotion of baby foods for infants at any level – with the public, with professionals or using any media.
Banning and preventing commercial promotions targeted at public health professionals and health workers.
Strict enforcement of the Infant Milk Substitutes, Feeding Bottles and Infant Feeds (Regulation of production, Supply and Distribution) Act, 2003.
Refraining from any partnership with the commercial food sector for either design or implementation of nutrition-related schemes.
Preventing government officials and employees from taking any action that could be construed as involving a conflict of interest in so far as it might be hostile to the right to food, such as (but not limited to) accepting payments, gifts, services monetary or in kind, research funding, etc., from the commercial food sector.
Ensuring that any interaction with the commercial food sector on matters of food policy or nutrition-related schemes is accountable and transparent. Transparency should be ensured through public hearings, public notice of interaction and disclosure of records.
Refraining from providing space to the commercial food sector on any government committee, council, panel, or other policy-making body.
Refraining from accepting support or endorsing the participation of the commercial food sector in public education on food and nutrition.
Preventing the commercial food sector from using health and nutrition claims on their products.

AUTONUM \* Arabic 25. Duties of State Governments

AUTONUM \* Arabic 1. Implementation of nutrition-related schemes: The State Governments shall implement all nutrition-related schemes listed in Schedule I in accordance with the National Guidelines.

AUTONUM \* Arabic 2. Grievance Redressal Mechanisms: The State Governments shall put in place and activate procedures in accordance with the provisions of this Act, for timely and effective redressal of grievances.

AUTONUM \* Arabic 3. Monitoring and Information Systems: The State Governments shall put in place and regularly maintain Monitoring and Information Systems (MIS) for each of the nutrition-related schemes listed in Schedule I.

AUTONUM \* Arabic 4. Transparency: The State Governments shall implement and enforce all the transparency safeguards that are mandatory under this Act.

AUTONUM \* Arabic 5. Job Charts: Within three months of the relevant National Guidelines being notified, the State Governments shall appoint and prepare “Job Charts” for all functionaries involved in the implementation of nutrition-related schemes, spelling out their duties, so that these duties are clear and accountability may be fixed in the event of any irregularities.

AUTONUM \* Arabic 6. Starvation Deaths: The State Governments shall take all necessary measures to prevent starvation and to provide timely relief and rehabilitation in accordance with the provisions of this Act in the event of alleged starvation deaths.

AUTONUM \* Arabic 26. Duties of Local Bodies

AUTONUM \* Arabic 1.To monitor at appropriate levels that all inviduals receive their full entitlements in a timely manner.

AUTONUM \* Arabic 2. To ensure that all relevant local level functionaries are aware of and perform their duties under this Act.

AUTONUM \* Arabic 3. To ensure that all relevant local level functionaries are aware of the provisions of the Act and have copies available of the Act and the rules in the local language.

AUTONUM \* Arabic 4. To publicise the provisions of the Act to the general public.

AUTONUM \* Arabic 27. Power to Make Rules

AUTONUM 1. The Central Government may, by notification, and subject to the condition of previous publication, make rules to carry out the provisions of this Act.

AUTONUM \* Arabic 2. The State Government may, by notification, and subject to the condition of previous publication, and consistent with this Act and the rules made by the Central Government, make rules to carry out the provisions of this Act.

AUTONUM \* Arabic 3. Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament.

AUTONUM \* Arabic 4. Every rule or Scheme made by the State Government under this Act shall, as soon as may be after it is made, be laid before each House of the State Legislature where there are two Houses, and where there is one House of the State Legislature, before that House.

Schedule I: List of Nutrition-Related Schemes

Integrated Child Development Services.
Mid-Day Meal Scheme.
Public Distribution System.
Antyodaya.
National Maternity Benefit Scheme/Janani Suraksha Yojana.
National Social Assistance Programme, including Indira Gandhi National Old Age Pension Scheme, Indira Gandhi National Widow Pension Scheme and Indira Gandhi National Disability Pension Scheme.
National Family Benefit Scheme.
Rajiv Gandhi National Crèche Scheme.
Any other scheme that may be involved in delivering the entitlements defined under this Act.
Any other scheme that may be notified by the Central Government in consultation with State Governments, for the purpose of implementing the provisions of this Act.

Schedule II: Minimum Nutrition Norms for ICDS

1. The following minimum nutrition norms shall apply to take-home rations for children in the age group of 6-72 months as well as for pregnant and nursing women:

Category	Calories (K Cal)	Protein (g)
Children (6-72 months)	500	12 -1 5
Children (6 - 72 months) who are severely underweight	800	20 - 25
Pregnant or nursing women	600	18 - 20

Schedule III: Minimum Nutrition Norms for Mid-Day Meals in Schools

1. The following minimum nutrition norms shall apply to mid-day meals in primary and upper-primary schools (or sections, as the case may be):

(i) Primary schools/sections (per child per day):

· 450 calories (including 100 grams of foodgrain)

· 12 grams of protein

(ii) Upper-primary schools/sections (per child per day):

· 700 calories (including 150 grams of foodgrain)

· 20 grams of protein.

Schedule IV: Minimum School Health Services

1. School health services shall include the following minimum measures:

Deworming;
Dental check-ups;
Eye check-ups;
Anaemia control;
Height and weight monitoring;
Screening for communicable diseases;
Adolescent health;
Rheumatic heart disease prevention;
Congenital heart disease detection.

2. School health services shall also include immediate free treatment (including free medication) for all minor ailments as well as for the following:

Tuberculosis.
Need for spectacles.
Need for operative and other treatment.

Schedule V: Basic Principles of the BPL Census

1. BPL Census: A BPL Census shall be conducted by State Governments at intervals of not more than five years, based on a simple, transparent and verifiable method that lends itself to public participation and verification. This Census shall be used to prepare the “BPL List” of households entitled to BPL Cards and Antyodaya Cards.

2. BPL Cards: Within two months of the BPL Census being completed, BPL Cards and Antyodaya Cards (with photographs) shall be distributed to all households, free of charge, based on the BPL List. The cost of issuing BPL Cards, including the cost of photographs, shall be borne by the State Government.

3. BPL Census Guidelines: Within three months of this Act coming into force, binding BPL Census Guidelines shall be issued by the Central Government under the guidance of the National Food and Nutrition Commission (itself seeking such expert advice as may be necessary, and taking into account the August 2009 report of the expert group appointed by the Ministry of Rural Development to advise the Ministry on this matter). These Guidelines shall include the following features.

4. Priority groups: The “priority groups” listed in Schedule VI are automatically entitled to a BPL Card, irrespective of any other eligibility criteria. These priority groups shall be identified as part of the BPL Census. The distribution of BPL Cards to all households in the priority groups shall override any “cap” that may be imposed at any level on the distribution of BPL Cards. The same applies to the priority groups listed in Schedule VII for the distribution of Antyodaya Cards.

5. Exclusion criteria: In the event where any of the following exclusion criteria applies, the concerned household shall be automatically denied a BPL Card or Antyodaya Card, irrespective of any other criteria:

i) Any household member is a regular employee of the government, drawing a monthly salary.

ii) Any household member earns a regular salary of at least Rs 5,000 per month at 2009-10 prices.

iii) The household owns a car, truck or motorized two-wheeler.

iv) The household owns a multi-storied pacca house.

v) The household owns more that 5 acres of irrigated land.

vi) The household owns any of the following consumer durables: refrigerator; air conditioner; washing machine; camera; VCR; personal computer.

6. Scoring method: In the event where a scoring method is used to identify other households eligible for a BPL Card or Antyodaya Card, the scores should be based on simple, transparent and verifiable criteria. The scores and their components shall be displayed at the Panchayat Bhawan one month in advance of the BPL List being finalized. In the intervening period, opportunities shall be provided for appeals and verification, especially through the Gram Sabhas. Detailed provisions for appeal and verification shall be spelt out in the BPL Census Guidelines.

7. Universal eligibility in rural areas of the poorest districts: In the country’s poorest 200 districts (those where the National Rural Employment Guarantee Act first came into force, in February 2006), all rural households shall be entitled to a BPL Card; provided that if any of the “exclusion criteria” applies, the concerned household shall be excluded from the BPL list.

8. Coverage of BPL list: The methodology of the BPL Census shall be such that the proportion of households with BPL Cards in each state is no less than the state’s “baseline quota” based on (1) a coverage of XX per cent of all households at the national level, and (2) the shares of different states in the national “head-count ratio” (proportion of household below the poverty line), as they emerge from the latest Round of the National Sample Survey. These quotas should be determined separately for rural and urban areas. The baseline quotas, however, shall be enhanced wherever and whenever necessary to ensure universal coverage in the poorest 200 districts, and also that no household among the priority groups is deprived of a BPL Card or Antyodaya Card.

9. Expansion of coverage: It shall be the prerogative of the state governments to expand the coverage of BPL Cards beyond the enhanced quota specified in the preceding Paragraph, provided that they do so at their own cost. The liability of the Central Government to fund BPL entitlements shall be confined to the said enhanced quota.

Schedule VI: Priority Groups for the BPL List

Part I: Priority Groups for Rural Areas

1. In rural areas, any household that satisfies at least two of the following criteria shall be entitled to a BPL Card as a matter of right:

i) The household belongs to the Scheduled Castes or Scheduled Tribes.

ii) The household is landless.

iii) Some household members work as hired, casual agricultural labourers.

iv) No adult household member is healthy enough to work as a casual agricultural labourer.

v) No household member has studied beyond Class 5.

Provided that if the said household meets any of the “exclusion criteria” listed in Schedule V, it shall be excluded from the BPL list.

Part II: Priority Groups for Urban Areas

2. In urban areas, the BPL List shall automatically include any household residing in a slum and belonging to occupationally vulnerable groups, in the sense that they are primarily dependent on earnings from occupations and forms of employment or self-employment which are casual, low-end, with low and uncertain wages and irregular employment, unsanitary, unhealthy and hazardous work conditions, and bonded, semi-bonded or other undignified and oppressive conditions of employment, including (but not restricted to) the following occupations:

i) Rag-picking;

ii) Construction workers;

iii) Porters and hamaals;

iv) Casual daily wage labour;

v) Street vendors and hawkers;

vi) Casual domestic workers;

vii) Cycle rickshaw drivers;

viii) Workers in small household enterprises;

ix) Workers in household industries.

Provided that if the household includes any member who has regular salaried employment in the public or private sector, it shall be excluded from the BPL List.

Schedule VII: Priority Groups for Antyodaya Cards

1. The following “priority groups” shall be entitled to an Antyodaya Card as a matter of right, irrespective of other eligibility criteria:

Households where due to old age, lack of physical or mental fitness, social customs, need to care for a disabled, or other reasons, no adult member is available to engage in gainful employment outside the house;
Households headed by an elderly person;

c. Households with persons who suffer from debilitating and stigmatized ailments, including HIV/ AIDS, tuberculosis and leprosy;

d. Households with a disabled adult;

e. Households headed by widows or other single women;

f. Households headed by a child;

Households that depend (wholly or partly) on alms for survival;
Households with a bonded labourer or released bonded labourer;
Households of Primitive Tribal Groups;
Households of Denotified Tribes;
Urban homeless households including unprotected street children;
Any other household that is deemed by the Gram Sabha to be vulnerable to hunger.

Provided that if the concerned household meets any of the “exclusion criteria” listed in Schedule V, it shall be excluded from the Antyodaya list.

Schedule VIII: Essential Measures Related to the PDS

I. Making Fair Price Shops Viable

1. FPS commodities: It shall be the responsibility of the respective State Governments to issue a notification to increase the range of items for mass consumption being stocked at the Fair Price Shops.

2. Working capital: The Central Government shall provide working capital at zero interest rate and a long-term basis to the public bodies that are managing the Fair Price Shops.

3. Storage: State Governments shall make arrangements to enable the Fair Price Shops store and disburse the foodgrains in a public building.

4. Commissions and transportation charges: The Fair Price Shops shall be made economically viable by setting appropriate commissions and inflation-indexing them so that they are enhanced on an annual basis. Transportation charges will also be rationalised and linked to increases in diesel prices on an annual basis.

II. Increasing Transparency and Accountability

1. Advances: The FPS manager shall deposit an advance directly in the bank account of the State Food Corporation (SFC) /Food Corporation of India (FCI).

2. Record of transations: The SFC/FCI shall record the account and transaction details including details of the date and the quantum of the amounts transacted with every FPS manager electronically, and post these on the web.

3. Release order: The SFC/FCI shall issue an electronic release order within one day of the amount being cleared. On the same day, the SFC/FCI shall also issue a manual release order, since computer facilities may not be available to all FPS managers.

4. Bogus Cards: As part of the first BPL Census to be conducted under Section 12, the State Government shall identify and eliminate all bogus ration cards.

5. Photographs: It shall be the responsibility of the authority issuing the FPS license to ensure that the heads of households with a ration card are photographed, and their details along with their photographs should be made available in the public domain for scrutiny.

6. Biometrics: Within two years of the National Unique ID Cards being issued, all ration cards should be linked to the Unique ID Card and this should be biometrically enabled.

7. Web display of PDS lists: State Governments shall put the details of all BPL and Antodaya Card holders on their websites within six months of this Act coming into force.

8. Physical display: In addition, State Governments shall ensure that the BPL and Antodaya lists are displayed prominently at all Fair Price shops, Panchayat offices, Block offices and District Magistrate’s offices.

9. Truck tracking: Real-time information on the movement of trucks with the quantities of foodgrains despatched to the Fair Price Shop shall be put in the public domain, including the internet, so that consumers can track the movement of the trucks.

10. Tripartite meetings: It shall be the responsibility of the State Government to convene quarterly meetings of each FPS manager with representatives of the respective local bodies (Nagarpalika or Gram Panchayat) and consumers, which should be attended by a representative of the State Government, to discuss any issues that consumers may have. An Action Taken Report on these issues shall be prepared by the State government and published on the internet for public scrutiny.

11. Vigilance Committees: State Governments shall ensure, within a year of this Act coming into force, that Vigilance Committees are set up and activated at the level of every Fair Price Shop. Every Vigilance Committee will have at least one third of members who are Antyodaya Card holders, and another third who are BPL Card holders. In addition, at least one third of the members will be from SC/ST categories and half of the members will be women.

12. Action Taken Reports: The Vigilance Committees will meet quarterly and report irregularities, if any, to the District Food and Civil Supplies Officer. The District Food and Civil Supplies Officer will take appropriate action and submit an Action Taken Report to the Collector within a fortnight of having received a complaint.

Schedule IX: Protocol for Responding to Starvation Deaths

The National Human Right Commission (NHRC) has established some important and humane principles related to public policy responses to starvation. First of these is that death is not necessary as evidence of starvation. Post mortem inquiries do not serve much purpose in the process of preventing starvation deaths and assuring the right to food. Instead, they hurt and humiliate the families and communities that have lost members, and infringe on their right to dignity. Whether or not death is involved, long-term unaddressed malnutrition and endemic prolonged phases of hunger must be recognised as situations of starvation, and it is the duty of the state to prevent deaths of persons who are living with starvation. Second, starvation is rarely an isolated instance, but reflects instead prolonged denials of adequate nutrition to households, communities, or social categories. Such people are usually very impoverished and dispossessed or destitute.

Protocol for state interventions in starvation situations

1. In the event of complaints of starvation, through application or verbal, made in the media, by affected people or activists or any other source, the local revenue official must inform the District Collector immediately, who in turn will inform not just the local officials, but also the District Panchayat head and Panchayat functionaries at various levels.

2. An enquiry should be instituted which does not focus on whether there was a starvation death, but on whether the family, as well as in that location the local community (such as Musahars) and the social (such as single women) and class (such as landless workers) categories that he or she belongs, live in conditions of prolonged deprivation of adequate food with dignity, or in continuous uncertainty about the availability of food, or dependence on charity or debt bondage for food. On receiving reports of people living or dying of starvation, the overall field situation in the family and community may be analysed, by a process described sometimes as verbal autopsy.

3. Verbal autopsy may be conducted in two phases. In phase one, discussions are held with the family of the victim and some neighbourhood families. These neighbourhood families participate in the discussion only after consultation with the affected family. During discussions, the victim’s family may be asked questions about the food and livelihood conditions and deprivations of the individual and the household, access to food and work, periods of hunger, and so on. The idea is not only to probe death and its causes but also understand the poverty and destitution faced by the people. Attempt shall also be made to understand the root cause of poverty such as livelihood crisis, heavy debt, crop failures etc. In the second phase of verbal autopsy, discussions can be carried out with the other members of the tribe, caste, class, gender or age group to which the affected people belong. During these discussions, questions are posed about the food and livelihood conditions and deprivations of the communities, their access to food and work, and periods of hunger. Broader questions regarding nutrition-related schemes may also be asked, such as (i) is there an operational Anganwadi in the village, (ii) is the local government school providing mid-day meals to the children, (iii) does the Fair Price Shop provide foodgrains in the right quantity and on time, (iv) how many elderly persons in the village obtain social security benefits or pensions from the state, and so on. At the same time, the people should be provided enough space to reveal situations on their own. They should not be crowded out by questions from the investigator. It may also be worth asking if any change has occurred in their way of living over the years. In other words, have the government policies brought about a change in the way of living of the people?

4. Once it is established that people of a dispossessed community, class or social category live with starvation as defined earlier, it is the duty of the state to urgently provide relief to them as well as to correct the failure of nutrition-related schemes to prevent, mitigate and reverse the underlying situation of chronic food deprivation.

5. If a certain region has been diagnosed as suffering from intense hunger, the state should put in place systems of relief - immediate, short term and long term. The first immediate relief must be for the affected family itself that has suffered the loss of persons for reasons associated with prolonged food deprivation. Some of the measures that may be relevant include: a) ensuring immediate availability of one quintal of grain a month, free of charge, for at least one year to the family; b) identifying, in consultation with the survivors in the family, the reasons for livelihoods denial, collapse or insecurities and assisting them to build a secure livelihood through measures like land allotment; c) distribution of Antyodaya Cards and safeguarding of the corresponding entitlements under Section 3 of this Act.

6. The next stage of intervention would be for the community, class or social category to which the family of the affected person belongs. This must begin with publicising and opening NREGA works for all those who seek it, within a week of the receipt of the information. All the reliefs listed above in the context of the directly affected family should also be systematically extended to the families who are immediately vulnerable to fall into the same situation.

7. These short term measures may include strengthening (i) primary health care institutions, services and access to these, (ii) social security benefits, (iii) emergency feeding centres for people who are starving, (iv) wage employment programmes, (v) poverty alleviation programmes and (vi) implementation of land reforms legislations. However, there is no fixed set of steps that need to be taken, they may vary from region to region, group to group, keeping in mind the requirements of the area. More importantly, the measures should be prioritized in adherence to severity and requirement of the area.

8. The District Collector needs to also fix accountability for lapses and neglect that occurred at any level to prevent and redress on time conditions of persisting denials of the right to food of the affected populations.

9. In the medium run, food and livelihood schemes need to be adapted and expanded to reach the affected families more effectively.

10. In the long run, the situations leading to the creation and perpetuation of conditions of poverty and hunger need to be identified and a programme drawn up and implemented.

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Schedule X: Minimum List of Infractions to be Penalised

Integrated Child Development Services

Failure to keep the Anganwadi open during opening hours (except in cases of prior, written notice and permissible leave).
Any incident of children falling ill after eating at the Anganwadi.
Failure to provide cooked food in accordance with the specified menu.
Any cheating or irregularity in the distribution of take-home rations.
Any incident of caste discrimination or other social discrimination (against a child, Anganwadi worker or helper).

Mid-Day Meal in Schools

Failure to provide the meal on any working day.
Failure to provide cooked food in accordance with the specified menu.
Any incident of children falling ill after eating the mid-day meal at school.
Any incident of caste discrimination or other social discrimination (against a pupil, teacher, cook or helper).
Failure to keep correct and transparent accounts.
Failure to paint the weekly menu on the wall of the school.

School Health Services

Failure to make arrangements for free health check-ups.
Charging children or parents for any of the school health services.

Public Distribution System

Failure to keep a Fair Price Shop open during opening hours (except in cases of prior, written notice and permissible leave).
Refusing its monthly entitlement to any household in spite of stocks being available.

Other Infractions

Excluding from the BPL list any household belonging to one of the “priority groups” listed in Schedule VI.
Excluding from the Antyodaya list any household belonging to one of the “priority groups” listed in Schedule VII.
Failure of any functionary to perform any duties listed in his or her “Job Chart”.

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