India needs a comprehensive food security legislation

The Right to Campaign is alarmed by today’s mediareports that indicate that the Government continues to have a minimalist vision for the National Food Security Bill.  The Right to Food Campaign has been demanding a comprehensive food security legislation that takes in account the production, procurement, storage and distributional aspects of food security along with making special provisions for vulnerable groups such as children, migrants, the aged and disabled. We have repeatedly stated that the current draft of the Bill is minimalist and unacceptable as it seeks to legislate inequity by imposing a Targeted Public Distribution System instead of creating universal entitlements.

In this context, the proposal to do away with the multiple categories (priority, general, etc.) and move towards a uniform entitlement for everyone, except for the rich who will be excluded, is a step forward.  However, if as reported in the press, the category to be excluded is as large as 33% of the population across the country, then this would remain a form of targeting, with many of the needy actually being left out. This still falls far short from the principle of universalisation. Exclusion should rather be based on a few, easily identifiable criteria such as permanent government employees, income tax payers and so on.

Further, we do not see the logic in common entitlement being as low as 25kgs per month per household under this new proposal. The Government cannot continue to argue that there is not enough grain when the FCI godowns are overflowing, with the current foodgrain stocks being around 80 million tonnes. The last three years of UPA rule have seen food inflation spiralling to highest levels in three decades. The Food Ministry has been at the centre of the most scandalous mismanagement of food grains, with huge food stocks rotting in the godowns and set to be exported for consumption by cattle in industrialised countries.

India's poor track record on food and nutrition, and indeed all the social sector indicators along with its patently over-stated ambitions of being a global leader, has made the Government a laughing stock internationally. It cannot be accepted that the Indian Government can afford to contribute $10 billion to the International Monetary Fund to bail out irresponsible European bankers, while it hides behind the excuse of fiscal constraints to explain its inability to guarantee food security to its citizens. In a situation where 46\% of the country’s children remain malnourished such an attitude of the Government is indeed shameful.

We have consistently demanded the strengthening of the NFSB by expanding its scope. The PDS entitlements must be universal and quantities must be linked to the Indian Council of Medical Research (ICMR) recommended daily allowances (14kgs per adult). In addition, the PDS must also provide pulses and cooking oil. We believe that introducing such an expanded PDS would be the most appropriate way of dealing with the current contradiction of excess stocks and widespread hunger.
We once again reiterate the core demands of the RTF campaign for the National Food Security Act, and hope that the revised NFSB will include all of these:
• A Universal PDS, which includes cereals, millets, pulses and oil so that all especially the food insecure, the vulnerable, and the deprived get included. The quantity should be decided on the basis of ICMR norms per adult consumption.
• Appropriate MSPs and decentralized procurement of rice, wheat and millets.
• Universalisation with quality of ICDS including the provision of nutritious locally prepared food for all children.
• Entitlements including social security pensions for vulnerable persons – the aged, single women, and persons with disabilities, school mid-day meals, maternity entitlements, and community kitchens in urban areas must be ensured.
With Regards,
Kavita Srivastava
(National Convenor, Steering Committee on behalf of the Right to Food Campaign)

Members of the Steering Committee of the Right to Food Campaign:

Annie Raja (National Federation for Indian Women), Anuradha Talwar and Gautam Modi (New Trade Union Initiative), Arun Gupta and Radha Holla (Breast Feeding Promotion Network of India), Arundhati Dhuru and Ulka Mahajan (National Alliance of People’s Movements), Asha Mishra and Vinod Raina (Bharat Gyan Vigyan Samiti), Aruna Roy, Anjali Bharadwaj and Nikhil Dey (National Campaign for People's Right to Information), Ashok Bharti (National Conference of Dalit Organizations), Colin Gonsalves (Human Rights Law Network), G V Ramanjaneyulu (Alliance for Sustainable and Holistic Agriculture), Kavita Srivastava and Binayak Sen (People’s Union for Civil Liberties), Lali Dhakar, Sarawasti Singh, Shilpa Dey and Radha Raghwal (National Forum for Single Women’s Rights), Mira Shiva and Vandana Prasad (Jan Swasthya Abhiyan), Paul Divakar and Asha Kowtal (National Campaign for Dalit Human Rights), Prahlad Ray and Anand Malakar (Rashtriya Viklang Manch), Subhash Bhatnagar (National Campaign Committee for Unorganized Sector workers), Jean Drèze and V.B Rawat (Former Support group to the Campaign),  Ritu Priya (JNU)

Representatives of Right to Food (State campaigns):

Veena Shatrugna, M Kodandram and Rama Melkote (Andhra Pradesh), Saito Basumaatary and Sunil Kaul (Assam), Rupesh (Bihar), Gangabhai and Sameer Garg (Chhattisgarh), Pushpa, Dharmender, Ramendra, Yogesh, Vimla and Sarita (Delhi), Sejal Dand and Sumitra Thakkar (Gujarat), Abhay Kumar and Clifton (Karnataka), Balram, Gurjeet Singh and James Herenj (Jharkhand), Sachin Jain (Madhya Pradesh), Mukta Srivastava and Suresh Sawant (Maharashtra), Tarun Bharatiya (Meghalaya), Chingmak Chang (Nagaland) Bidyut Mohanty and Raj Kishore Mishra, Vidhya Das, Manas Ranjan (Orissa), Ashok Khandelwal, Bhanwar Singh and Vijay Lakshmi (Rajasthan), V Suresh (Tamil Nadu), Bindu Singh (Uttar Pradesh),  Fr. Jothi SJ and Mr. Saradindu Biswas (West Bengal)
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This statement has been distributed by the Asian Human Rights Commission, Hong Kong, a regional non-governmental organization that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights.

Right to Food Campaign calls for end to harassment of rights defenders

The following is a statement issued by the Right to Food Campaign, India, against the continuous harassment and attempts to criminalize the work of Jagrit Adivasi Dalit Sangathan (JADS) and the targeting of Ms. Madhuri Krishnaswami by the Badwani District (MP ) administration and corrupt politicians, forwarded by the Asian Human Rights Commission:

The Right to Food Campaign condemns the continuous harassment, the filing of false cases and the issuing of show cause notice to extern (Zila Badar) Madhuri of (JADS) from the districts of Badwani and 6 nearby districts by the nexus of police, politicians and administrators. We were shocked to learn that the DM of Badwani had initiated proceedings of externment under section 8 (1) of the M.P Rajya suraksha Adhiniyamt, 1990, which have now been withdrawn after there was pressure from all over the country. We demand that the State Government of Madhya Pradesh take action against Mr Shriman Shukla, DM Badwani, who issued the show cause notices of externment to Madhuri.
Our stand is clear that such laws like the MP Rajya Suraksha Adhiniyam 1990 are un-democratic and un-constitutional and need to be repealed. Especially, when proceedings of externment in the last twenty years of the implementation of the Rajya Suraksha Adhiniyam in Madhya Pradesh, has been frequently used against activists, when it has not suited the local vested interests.

We believe that Madhuri, a renowned social activist, a member of Jagrit Adivasi Dalit Sangathan and also an esteemed member of the Steering Committee of the Right to Food Campaign at the national level, has been selectively targeted by the political opposition and the bureaucracy to benefit certain vested interests who are being challenged by the work of the Jagrit Adivasi Dalit Sangathan in Barwani. Instead of honouring them for the good work the administration is trying to bracket their work as a threat to public order and security and issuing notices of externment. Madhuri and other members of JADS.
The Right to Food Campaign also demands that the State Government set up a high powered committee to review all the cases pending investigation against Madhuri and other member of JADS and close them. As in the past courts have exonerated them in more than 5 cases due to lack of evidence. In many cases the investigation is pending by the local police for the last five to six years and these cases are just a tool in the hands of the police and administration. We are demanding this as most of the criminal cases filed by the administration and police were after peaceful protests for legitimate demands for the implementation of the Government scheme.

It is well known that JADS has worked consistently through democratic and completely transparent means, advocating and campaigning for the proper implementation of Government schemes in order to ensure the delivery of entitlements to work, food, health services, forest rights act to the locals of that area. Their work in the area of the implementation of the law and the other schemes has made a difference not just locally to the entitlements of the poor but also nationally at the level of policy and law making. Some of their work has included ensuring the implementation of:
1. The hundred days employment Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA);
2. The Supreme Court order for all the food schemes like the PDS, ICDS, Old Age Pension;
3. The law on the rights of the gram sabha, PESA and the Panchayati Raj Act following the 73rd and 74th Amendment. The Forest Rights Act;
4. Against the sale of illegal liquor;
5. Ensuring proper health care delivery and taking up those cases where the health system has denied health care;
6. The prevention of the exploitation of Adivasis and violence against them by officials, traders, including rampant corruption and non-performance in government schemes.
We demand that the State Government urgently intervene and take action against Mr Shriman Shukla, DM Barwani, who issued these externment notices to Madhuri, close all the cases against her and other members of JADS and ensure that all members of JADS including Madhuri are able to work freely as provided under the Indian Constitution and repeal the MP Rajya Suraksha Adhiniyam.

The Right to Food campaign and other progressive organizations would be holding a protest outside the MP Bhawan against this unconstitutional act of the local administration.

The following are the signatories to the statement:

Kavita Srivastava, Convenor), on behalf of the Steering Committee of the Right to Food Campaign.
Annie Raja (National Federation for Indian Women), Anuradha Talwar and Gautam Modi (New Trade Union Initiative), Arun Gupta and Radha Holla (Breast Feeding Promotion Network of India), Arundhati Dhuru and Ulka Mahajan (National Alliance of People’s Movements), Asha Mishra and Vinod Raina (Bharat Gyan Vigyan Samiti), Aruna Roy, Anjali Bharadwaj and Nikhil Dey (National Campaign for People's Right to Information), Ashok Bharti (National Conference of Dalit Organizations), Colin Gonsalves (Human Rights Law Network), G V Ramanjaneyulu (Alliance for Sustainable and Holistic Agriculture), Kavita Srivastava and Binayak Sen (People’s Union for Civil Liberties), Lali Dhakar, Sarawasti Singh, Shilpa Dey and Radha Raghwal (National Forum for Single Women’s Rights), Mira Shiva and Vandana Prasad (Jan Swasthya Abhiyan), Paul Divakar and Asha Kowtal (National Campaign for Dalit Human Rights), Prahlad Ray and Anand Malakar (Rashtriya Viklang Manch), Subhash Bhatnagar (National Campaign Committee for Unorganized Sector workers), Jean Dreze and V.B Rawat (Former Support group to the Campaign), Ritu Priya (JNU)

Representatives of Right to Food (State campaigns):
Veena Shatrugna, M Kodandram and Rama Melkote(Andhra Pradesh), Saito Basumaatary and Sunil Kaul (Assam), Rupesh (Bihar), Gangabhai and Sameer Garg (Chhattisgarh), Pushpa, Dharmender, Ramendra, Yogesh, Vimla and Sarita (Delhi), Sejal Dand and Sumitra Thakkar (Gujarat), Abhay Kumar and Clifton (Karnataka), Balram, Gurjeet Singh and James Herenj (Jharkhand), Sachin Jain (Madhya Pradesh), Mukta Srivastava and Suresh Sawant (Maharashtra), Tarun Bharatiya (Meghalaya), Chingmak Chang (Nagaland) Bidyut Mohanty and Raj Kishore Mishra, Vidhya Das, Manas Ranjan (Orissa), Ashok Khandelwal, Bhanwar Singh and Vijay Lakshmi (Rajasthan), V Suresh (Tamil Nadu), Bindu Singh (Uttar Pradesh).

AHRC condemns intimidation of human rights defenders

The Asian Human Rights Commission, Hing Kong, says in a statement:

The Asian Human Rights Commission (AHRC) condemns the intimidation by the state police/government of Ms Kavita Srivastava, General Secretary of the People's Union for Civil Liberties (PUCL) by undertaking a raid at her residence on Monday.

The PUCL is a social action group based in India. It is reported that at about 6.30 am (on 3 October) a large armed contingent of the Special Task Force, led by Superintendent of Police Mr Ranjendra Singh Shekhwat came to Kavita's house located in Jaipur, Rajasthan state, claiming that they had a search warrant obtained from the court authorizing the officers to conduct a search at Kavita's house. The officers reportedly claimed that they were looking for a dangerous Naxalite, allegedly harboured at Kavita's residence. The search reportedly revealed nothing and none were arrested. A search warrant, reportedly produced by the police merely mentions Kavita's name as the 'accused' and mentions her residential address.

Kavita was not present at the house at the time of the search. Kavita and her associates allege that the raid is an act of vengeance by the government against her since Kavita has been speaking up against the atrocities committed by the government against poor villagers in the name of combating Naxalite activities. It is further alleged that the house search, with show of force, is the direct consequence of the PUCL challenging the government concerning the controversial poverty line. Kavita is the Convener of the Steering Committee of the Right to Food Campaign and the PUCL is the petitioner in the Supreme Court case against the government on the question of right to food.

The police and the law enforcing agencies have every right to undertake the search of a house, provided they reasonably suspect that either a crime is committed or the preparations to commit a crime is made in the property, or persons or materials related to a crime is likely to be recovered from the property. This means that as such a search conducted in a house, irrespective of its ownership, does not constitute any breach of law. In this case, the search party reportedly had a 'search warrant' issued from a court. Sections 47, 93 and 94 of the Criminal Procedure Code, 1973 cover these aspects. This line of legality in the process makes the raising of any objection about the incident legally non-tenable. However the fact that the police, in this case arriving in large numbers, at Kavita's house is indeed an intimidating factor, given the brute force the Indian police is notorious for. It is also reported that the police have allegedly misbehaved with the housemaids as well as with Kavita's 87-year-old father.

While more details, concerning the incident is yet to be obtained, it has to be assumed that the very reason for the search is to intimidate Kavita and her colleagues. It is only from the court records the grounds upon which the police have sought for and obtained a search warrant could be ascertained. Should the grounds mentioned in the petition appear false or concocted, it will not only reaffirm the perception that the search is an act of vendetta by the police/government, but will also expose the callousness with which the court issued such an order. It has to be borne in mind that Kaivta is a person known through out the country for her commendable work on human rights and fundamental freedoms in the country.

Arresting human rights defenders on false charges or otherwise interfering with force in their activities, like raiding their residences or offices on false pretences is a typical manner in which the country's police have responded to human rights activists or to the media, should their independent work annoy the government. It is a practice that has been used widely in states like Gujarat, Chhattisgarh, Manipur and Jammu and Kashmir, a factor that is reflected in the report of the UN Special Rapporteur on the Situation of Human Rights Defenders vide report A/HRC/16/44/Add.1. This is a reiteration of the report, of formerly, the Special Representative of the Secretary General on the Situation of Human Rights Defenders, in the report vide number E/CN.4/2006/95 and Add.5. Similar concerns were expressed by the Rapporteur on Torture during India's Universal Periodic Review on 10 April 2008 vide document number A/HRC/WG.6/1/IND/2. Kavita had met the Rapporteur on the Situation of Human Rights defenders during the Rapporteur's visit to India in January this year.

The AHRC condemns the act of the state government and views the incident as nothing but intimidating a human rights defender to deter her from work. The AHRC calls upon the National Human Rights Commission (NHRC) of India to immediately take notice of the incident and undertake a suo motu investigation into the incident. The AHRC is of the opinion that it is in times like this when a human rights defender is threatened the NHRC must step forward and offer moral and physical support to the defender in threat.

The AHRC joins hands with the protest meeting organised by concerned individuals and organisations in India concerning the incident. The protest letter issued by the gathering is reproduced below.

RIGHT TO FOOD CAMPAIGN
October 3rd, 2011

Arbitrary Raid on Kavita Srivastava’s house:
Latest act of harassment of human rights workers

We condemn in the strongest possible terms the arbitrary raid this morning (3 October), in Jaipur, on the house of Kavita Srivastava, General Secretary of PUCL and convenor of the Right to Food Campaign’s steering group. This is yet another instance of harassment of human rights workers under the cover of fighting Naxalism. Kavita Srivastava is the convenor of the Steering Committee of the Right to Food Campaign and PUCL is the petitioner in the Supreme Court case on the Right to Food which has recently challenged the Government on the issue of the poverty line.

Around 6.30 am a large contingent of armed Special Task Force Police, led by Deputy SP Rajendra Singh Shekhwat, descended on Kavita’s house claiming to be looking for a “khatarnak Naxalite”. In Kavita’s absence, the police harassed her 82-year old father and two domestic helpers. The raid was apparently conducted at the behest of the Chhattisgarh police, with the help of a “warrant” that merely carried Kavita’s address and the word “abhiyukt” (accused).

Kavita Srivastava has been a tireless defender of human rights for many years and has already been harassed earlier for her fearless opposition to the criminal activities of the Chhattisgarh government (arbitrary detentions, encounter killings, false cases, and such) under the garb of fighting Naxalism.

This is a wholly reprehensible act of targeting of human rights activists as well as a totally unacceptable attack on civil liberties in general. We condemn it and demand an unconditional apology from the Rajasthan and Chhattisgarh police on this reprehensible action. We would like to remind the Government that such undemocratic and arbitrary actions will not silence human rights defenders and instead amplify their voices against injustice and state repression.

The Steering group of the Right to Food Campaign:

Aruna Roy and Nikhil Dey (Mazdoor Kisan Shakti Sangathan, Rajasthan), Annie Raja (National Federation for Indian Women), Anuradha Talwar, Gautam Modi and Madhuri Krishnaswamy (New Trade Union Initiative), Arun Gupta and Radha Holla (Breast Feeding Promotion Network of India), Arundhati Dhuru and Ulka Mahajan (National Alliance of People’s Movements), Asha Mishra and Vinod Raina (Bharat Gyan Vigyan Samiti), Ashok Bharti (National Conference of Dalit Organizations), Colin Gonsalves (Human Rights Law Network), G V Ramanjaneyulu (Alliance for Sustainable and Holistic Agriculture), Binayak Sen (People’s Union for Civil Liberties), Lali Dhakar, Sarawasti Singh, Shilpa Dey and Radha Raghwal (National Forum for Single Women’s Rights), Mira Shiva and Vandana Prasad (Jan Swasthya Abhiyan), Paul Divakar and Asha Kotwal (National Campaign for Dalit Human Rights), Prahlad Ray and Anand Malakar (Rashtriya Viklang Manch), Subhash Bhatnagar (National Campaign Committee for Unorganized Sector workers), Anjali Bharadwaj (SNS), Jean Drèze and V.B Rawat (Former Support group to the Campaign), Harsh Mander, Ritu Priya (JNU), Dipa Sinha, Biraj Patnaik

Representatives of Right to Food (State campaigns):

Veena Shatrugna, M Kodandram and Rama Melkote (Andhra Pradesh), Saito Basumaatary and Sunil Kaul (Assam), Rupesh (Bihar), Gangabhai and Samir Garg (Chhattisgarh), Sejal Dand and Sumitra Thakkar (Gujarat), Abhay Kumar and Clifton (Karnataka), Balram, Gurjeet Singh and James Herenj (Jharkhand), Sachin Jain (Madhya Pradesh), Mukta Srivastava and Suresh Sawant (Maharashtra), Tarun Bharatiya (Meghalaya), Chingmak Chang (Nagaland) Bidyut Mohanty and Raj Kishore Mishra, Vidhya Das, Manas Ranjan (Orissa), Ashok Khandelwal, Bhanwar Singh and Vijay Lakshmi (Rajasthan), V Suresh (Tamil Nadu), Bindu Singh (Uttar Pradesh).

Ajay T.G’s release rekindles hope

Here is an update from Kavita Srivastava, Secretary, PUCL, Rajasthan on the case of Ajay T.G., film-maker:

Dear friends,

Ajay TG was released from jail today, the 5th of August, only after 8 pm. It took them till four pm today to get all the papers ready. The work of notarising the property list of Ajay took no time in the jail in the morning. However, the Tehsildar had to verify and countersign the bail sureties that were to be presented by Shobha, Ajay's wife, and another person. The Tehsildar asked the Patwari to verify the papers. The Patwari was not available till very late. However, all the work was done and the papers were finally filed in court by 4pm. Following this, the release order was made out and sent to the jail and then the formalities in jail took more than an hour. The entire process went on till late evening. It was worth the wait for all.

Ajay was given a big welcome back. Shobha, several of his friends, family members from both sides including Shobha's brother Babu and her sister were all there. The most difficult moment was the reunion with his parents.

Ajay spoke over the phone to some of us. When he spoke to me he was very happy. He said that he would not lose a single day to plan the next step on the "case" front. He said that he wouldl be calling his lawyers and working it out

Ajay's release has rekindled hope that things will change in Chhattisgarh.

Kavita Srivastava