National Food Security Act: The even and the odds, with special reference to J&K state.

BY  Musaib Syed

January- 04, 2014 SRINAGAR: kashmiri people buying rice from Ration depots  on the banks of Jhelum river in Srinagar after  heavy  snowfall in kashmir valley, on Saturday.  Photo/ Mohd Amin War

The article discusses the National Food Security Act (NFSA), 2013, its significance, and its implications for the state of Jammu & Kashmir (J&K). Originating from a Supreme Court push for food as a right under Article 21, the Act ensures subsidized food grains and nutritional support to vulnerable sections. While critics view it as a political move, the Act was hailed as a major welfare initiative. However, its implementation in J&K was delayed due to the state's special constitutional status under Article 370. The author criticizes both the former and current J&K governments for their poor handling, pointing out that a corrupt and ineffective Public Distribution System (PDS) undermines the Act’s potential benefits.

BACKGROUND
People Union For Civil Liberties moved to Hon’ble Supreme Court in the year 2001 for ensuring food security to the poor population of the country. Hon’ble Supreme Court by its frequent interim orders and regular monitoring has been successful in limiting this fiasco and has also further widened the horizons of Art.21-Right to life by include right to food in it. Much of the work done by the Court and its appointed Commissioners, the UPA government coloured the same into a legislation known as National Food Security Act, 2013. Critics termed this Act as a desperate stunt for vote bank.
FEATURES OF NATIONAL FOOD SECURITY ACT, 2013
Families belonging to Below Poverty Line groups are entitled to 5 Kg of Rice per Person per month.
Pregnant women and lactating mothers are entitled to a nutritious “take home ration” of 600 Calories and a maternity benefit of at least Rs 6,000 for six months.
Children of the age group from 6 months to 14 years are to receive free hot meals or “take home rations”
The state government will provide a food security allowance to the beneficiaries in case of non-supply of food grains; The Public Distribution System is to be reformed;
The poorest who are covered under the Antodaya yojna will remain entitled to the 35 kilograms of grains allotted to them under the mentioned scheme.
State and District grievance redressal mechanism for better implementation of the Act.
NFS ACT, 2013 VIS-À-VIS STATE OF JAMMU & KASHMIR.
J&K enjoys a unique position in the federal structure of Indian democracy. Article 370 of the Constitution of India states that Parliament of India and the Union Governments jurisdiction extends over limited matters with respect to State of Jammu & Kashmir, and in all other matters not specifically vested in Federal governments, actions have to be supported by state legislature. The NFS Act of parliament being contrary to the constitutional provision of Art. 370 received assent of the President of India on 10th September-2013. The ruling part in the State of J&K was National Conference headed by coy faced Omar Abdullah failed to protect the constitutional integrity of the state during his anarchy by not protesting to this fact.
Recently, the incumbent government of ailing father has after a long delay given its accent in the lawful manner to the NFS Act, 2013 as per the procedure prescribed by law. The Act seems to be one of the beautiful pieces of legislations after Right to Information, Act. But, the government failed to realize that defunct and brazenly corrupt Public Distribution System has no legs to bear the burden NFS Act. Wish these lawmakers had ever lived the life of a common Kashmiri, Act could have been more potent and efficient. 

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