The Food Security Act, 2013 and the COVID-19 Pandemic: The Plight of Migrant Labourers

– Anurag Mohan Bhatnagar & Manvendra Shekhawat

Introduction:

The COVID-19 pandemic has resulted in an imminent crisis for both the world as well as the Indian economy. The International Monetary Fund (“IMF”) has predicted India’s GDP will grow at a rate of 1.9%. However, one of the most crucial aspects of the pandemic is to ensure food security for all. It is also feared that the extended lockdown in the country might adversely affect labour and input availability for agricultural machinery. When coupled with the stunted transport services across the country, this can prove to be highly problematic. Even after the lockdown being lifted, kick starting the economy would not be a cakewalk, and will take time. The resulting fall in income of rural areas is expected to affect demand for food, along with a decline in the overall economic growth.

According to the Food and Agriculture Organization (“FAO”), there are four pillars of food security namely, availability, access, stability and utilization. It goes without saying that availability and access have become essential in the present context of a pandemic.

As far as the supply side is concerned, the incomes of farmers of poultry and crops is going to be much lower due to storage problems, crop damages, and stunted transport networks. Under this article, the authors try to elaborate the various difficulties faced by the general populace as far as the Security for Food is concerned in the context of National Food Security Act, 2013 (“the Act”) and various judicial precedents regarding the same.

Food Security Act, 2013 in a Pandemic: Effective Enough?:

“The average person is still under the aberrant delusion that food should be somebody else’s responsibility until I am ready to eat it”.

-Joel Salatin

Even without fully assessing the impact of COVID-19, the World Food Program released Global Report on Food Crises, 2020 estimates that over 265 million people will suffer from acute food crisis which is a 100% increase in the number of people fighting acute hunger shortage. As the impact of COVID-19 becomes clearer, this number will definitely rise. Furthermore, the global economy will also take a long time to get back to normal, given the sudden economic disruption and joblessness. Almost all countries have been affected by the virus. Those countries which have not are predicted to have a second wave soon.

The Indian Government has assured supply of food grains through the Pradhan Mantri Garib Kalyan Anna Yojana (“PMGKAY”) to all those who fall under the Act. This measure is very effective as long as the distribution shops keep getting the essential food items on time and in accurate quantity. Albeit, there are certain criticisms that the quantity supplied is less. As far as accessibility of food grains is concerned, India is self-sufficient in a number of food grains such as rice and wheat. The Government has a well-designed procurement policy, such as providing the farmers with Minimum Support Price (“MSP”) and availing the food grains to the weaker and poorer sections of the society under Targeted Public Distribution System (“TPDS”). In addition to this, the Food Corporation of India is supposed to acquire buffer stock of 5 Kg of food grains for everyone covered under the Act, 2013 which roughly estimates to 800 million people.

However, there is still a concern that some part of the society such as slum dwellers and people returning to their villages are not covered under the Act. Here are some suggestions for increasing the distribution of food to the needy at affordable prices:

1. A well-organized attainment, storage and distribution management system must be put into order to assure accessibility of food grains at all locations, including the containment zones.
2. Improve the delivery and distribution system so that no one is deprived of food grains in such disturbing times (for example, a person not having a ration card or valid ID proof can be barred from procuring essential items under the Act)
3. Allot cash subsidies to certain families to assure that they are able to get other essential items for daily chores.

Plight of Migrant Labourers in a Pandemic:

“It is the obligation of every person born in a safer room to open the door when someone in danger knocks.”

– Dina Naveri

The Union Government along with the help of State Governments took swift decisions and built a welfare model to fight the COVID-19 pandemic. There were many criticisms of the Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY) relief package, that it can be availed only at the Ration Shops and that too, for local people only. There was no package which was completely migrant workers specific. Workers who move from one place to another in search of work do not have access to their ration cards as it is left with family and therefore, cannot avail the benefits of the Public Distribution System.

The government was already working on this issue and came up with the solution of “One Nation One Ration Card” scheme, which will be helpful to all those workers who are working in other states away from their family. Many states already implemented this scheme and the same was planned to be implemented across the country by the end of June 2020. However, considering the circumstances, it had to be implemented with immediate effect all over the country for benefiting all the workers who are stuck in a different state without any access to ration shops. The central government has failed to provide adequate food grains to such migrant workers. On the other hand, some states reached out to the real beneficiaries irrespective of the fact that they are local or not or have a ration card of that particular State/UT or not, which was an appreciated move.

The ongoing COVID-19 pandemic has thrown light upon certain areas where the Government has failed to provide basic amenities to the poor and especially, the migrant workers, which needs to addressed quickly.

Judicial Precedents regarding Food Security:

Every sector of the society is facing problems due to the on-going pandemic. It would be safe to say that the most severely affected are the workers who look for work in neighbouring states and not at their home. As soon as the lockdown was announced, the labourers’ plight was evident due to the principle of no work, no pay. Although the Finance Minister announced a package worth Rs. 3500 crore for distribution of food grains. Many NGOs came forward to provide help, and the judiciary set certain benchmarks as far as the food security is concerned.

1. In the case of Swaraj Abhiyan Union of India, a division bench of the Supreme Court stated that “National Food Security Act, 2013, which is a social justice and social welfare legislation, is not being implemented as it should be”. Justice N.V. Ramana said that it is not proper on the part of the States to ignore the plight of the common man in enforcing such important legislations, more so when such legislation is welfare legislation. The Act elaborates on the nature of federalism as a functional arrangement for co-operative action and a combined effort, both by Centre and States, needs to be taken for effective implementation of the Act.
2. The Delhi High Court in Delhi Rozi-Roti Adhikar Abhiyan v. Union of India, while dealing with the problems related to the migrant labourers all over India, held that the nationwide lockdown has caused distress to various sections of the society, especially to those who were working in other states away from their native places. The Delhi High Court has instructed the Delhi State Government to ensure distribution of food grains to the poor, needy and marginalised sectors of the society even if they are non-PDS residents of Delhi.
3. The Karnataka High Court in Mohammed Arif Jameel Union of India held that State Government and its entities have the duty to ensure that “so long as the migrant workers who do not wish to go back to their respective homes are not getting employment, they should be provided with food in the form of cooked food or ration kits”.

Concluding and Suggestive Remarks:

COVID-19 has aggravated the plight of several sections of the society. There is no doubt that the migrant labourers are the most vulnerable among these. As per available estimates, there are almost 1.36 crore (~13 million) seasonal migrants in India. Although the Government is trying enough to improve their living conditions, an additional payment of Rs. 2000/- can be made to this segment. The total expenditure would be Rs. 70, 060 crores. This would be 2.2% of agricultural GDP and 0.4% of total GDP. These payments prove to be very crucial since this sector is severely hit by the Pandemic. Further, this sector would prove to be crucial to kick start the economy, as we come out of the lockdown. Thus, broadly the food distribution is satisfactory in India, but an efficient policy of food and money distribution is largely called for.

This article has been authored by Anurag Mohan Bhatnagar & Manvendra Shekhawat. They are students of law at National Law University Odisha.