Sunday 29 September 2013

Law College Professor awarded Ph.D


Money Veena (L) with her guide Dr. Sunny (R).
Photo Courtesy: Dr. Sunny


By Lesley Rajan


Thiruvananthapuram: Assistant Professor in Law at Government Law College Thiruvananthapuram, Money Veena V.R, has been awarded with Doctorate of Philosophy in Law by University of Kerala.

Her thesis titled 'Deficiency in Banking Service under the Consumer Protection Act 1986' was completed under the guidance of Dr. K.C Sunny, Professor and Head of Department, Law, University of Kerala.

'An exclusive legislation to deal with Banking Service deficiency is needed in the country', she said in her thesis. Speaking to our blog, she said that she owes her gratitude to her guide, Parents, Husband and children for supporting her every moment.

Money Veena did her Bachelors of Law from Kerala Law Academy Law College and Masters in Law from Department of Law, University of Kerala. She is married to Kiran Shankar, law officer at Law Department, Government of Kerala.


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Tuesday 17 September 2013

FOOD SECURITY: A MILESTONE IN INDIAN POLITY


Photo: www.asianews.it


By  Adv. Niveditha Krishna. A. L*
  
 India is one of the most progressive nations of the world, making its mark in the field of

science, technology, nuclear energy etc. The growing face of India indicated by multi- national

corporations and growing industries has changed the urban life with high standard of living

and increased purchasing power. This is only one side of the coin. If we examine the other side

we can see “hunger amidst plenty” ie a huge population is suffering from mass hunger and at

the same time surplus food grains are getting damaged at the fields itself as well as in the store

houses. They still struggle for its basic necessities of life like food, drinking water, sanitation and

education. Almost half of the child population is suffering from malnutrition. Food security is an

ideal assured by the nations at regional as well as globally to reduce the hunger, which constitute

a worldwide problem.


Food security implies that every citizen of the country has assurance of adequate quantity of

quality grains all through his life time. It should aim to ensure the availability of food grains

to the common people at an affordable price and enable the poor to have access to food. The

majority of the people in the developed countries has not only enough to eat, but wide choice and

probably eats too much. Where as in developing world majority of the population do not have

enough to eat, struggling with poverty and starvation.


The Committee on World Food Security of United Nations Food and Agriculture Organization

defines food security as ‘food security means that food is available at all times, that all persons

have means of access to it, that is nutritionally adequate in terms of quantity, quality and variety

and that it is acceptable within the given culture. Only when all these conditions are in place can

a population be considered as ‘food secure’.


National Food Security Bill 2011- An Analysis

India, in its 62nd year of republic realized the need for food security legislation. Hence it drafted

the National Food Security Bill 2011 to provide for food and nutritional security by ensuring

access to adequate quantity of quality food at affordable prices for the people to live a life with

dignity. Even though the Supreme Court has not included right to food in Article 21, it has issued

directions to the state to ensure that nobody dies of starvation.


It provides for right to receive food grains by priority household and general household at

subsidized prices through TPDS. But the problem is that today the public distribution system is

facing the allegation of hoarding, black-marketing etc. We cannot assess how far the system will

overcome from this allegation and provide for implementation of the provisions of the Bill.

It provides for nutrient support to pregnant women and lactating mothers and children. These

steps are to be implemented as per the guidelines of the Central Government and cost- sharing

between the Central and State Government. But the Bill does not specify the ratio of cost-sharing

to be followed or the authority to determine this ratio. Another issue is that a uniform ratio

cannot be adopted for all the States. The economic growth and financial level of each State vary

and every State cannot contribute uniformly in cost- sharing procedure.


The Bill states ‘migrants’ as a special group who are able to claim entitlements of special groups.

This provision may act as a booster for migrants to remain in India permanently. It is true that

the problems created by migrants in the eastern border States of our country really threatens the

peaceful atmosphere of the nation.


The Bill provides that the Central Government may, from time to time, prescribe the guidelines

for identifying the priority household, general household and exclusion criteria. But it does not

clearly state the basic principles or criteria to be considered in framing the guidelines.

As a measure of women empowerment, it sought to recognize woman not less than 18 years of

age as the head of household for the purpose of issue of ration card.


It provides for grievance redress mechanism. But in the case of appeal provision, it has to be as

per the manner provided by the Central Government. But the poor and the illiterates may not be

able to comply with such complex procedures, which may result in denial of justice to them.

The Bill provides for the establishment of State as well as National Food Security Commission.

It also clearly states the functions of such bodies. But it fails to indicate the powers as well as the

status of such bodies which defines the strength of such bodies and its orders.


To provide accountability and transparency, a provision of social audit is included. It also

states that the Central Government can authorize independent agencies to conduct social audit.

But it does not mention the qualifications to be satisfied by such agencies to get sanction for

conducting social audit. This may leads to favoritism and corruption.


Another provision is the penalty for public servant or public authority in case of ignoring the

recommendations of the District Grievance Redressal Officer. The penalty stated is only five

thousand rupees which is too meager when compared to the value of the basic right to food

security.


The Bill in each provision clearly states the role of Central or the State Government in

implementing the provisions. But finally it denies the liability for loss, damage or compensation

arising out of failure to supply food grains, either directly or indirectly to force majeure condition

such as war, flood, drought, fire, cyclone, earthquake or Act of God. Being a social welfare

legislation, instead of denial of liability, the Government should take over the responsibility of

providing adequate food grain at this stage and thereby reflect the concept of democratic and

welfare State.


Hence the draft legislation, to be practically applicable, should undergo certain basic changes

to suit the Indian scenario. The right to food being a part of right to life should be viewed with

importance given to a fundamental freedom. Thus the legislation should be made compatible to

the needs of Indian population.


The Parliament adopted several amendments to the Bill. First is that instead of

separate entitlements for different categories, there would be only one category of

beneficiaries with uniform entitlement of 5kg per person per month.  The entitlement of

Antyodaya Anna Yojana (AAY) households, which constitute poorest of the poor, will be

protected at 35 kg per household per month.  It also take care to protect the existing allocation

of food grains to the States/Union Territories, subject to it being restricted to average annual off-

take during last three years.


Corresponding to coverage of 75% of the rural population and 50% of urban population at the all

India level, State-wise coverage will be determined by the Planning Commission.  The work of

identification of eligible households is to be left to the States/UTs, which may frame their own

criteria or use the Social Economic and Caste Census (SECC) data. The uniform prices of Rs. 3/

2/1 per kg for rice/wheat/coarse grains will be applicable to all eligible beneficiaries. This price

rate is to be fixed for the first three years of implementation of the Act, and thereafter link the

same suitably to minimum support price (MSP).


Finally in order to address the concerns of States/UTs regarding additional financial burden, it is

proposed that Central Government may provide assistance to States towards cost of intra-State

transportation and handling of food grains, for which norms will be devised.

The global challenge of enhancing food security all regions of the world requires a concerted

effort from all the elements of social life. Food insecurity is longtime struggle and the

introduction of intellectual property protection in the field of agriculture made significant

changes in the policy framework regarding food security.


Neglect in dry land farming and cereals other than rice and wheat led to a steep decrease in the

nutritional level. An IFAD study in the state of Andhra Pradesh showed that the conversion

of paddy field into land to cultivate export crops like cotton, flower and aqua culture had

the following impacts: less land available for growing food crops, reduced amount of food

production for the family and decreased women’s control over the income and food supply as

women does not market cash crops, increasing level of alcoholism which reduced the amount of

income available for food and using a proportion of grains for brewing liquor, due to decreased

family food supply women reduced intake of food and at the same time worked harder to earn

cash income and more reliance on wage income and public distribution system for their survival.

Food security is not just a matter of food - quality of food that ensures nutrition, and healthcare

that protects people from debilitating diseases or intestinal parasites that leak nutrition are all

part of it. Hence solutions cannot be a single one but an integrated approach. Investment in rural

and urban development that ensures the livelihood of people in a measure that enables them

to get exchange entitlements and buildup their endowments like assets, skill and appropriate

technology are critical, but above all social and political power matter most. Public expenditure

on safe water, sanitation, health care, and public assistance for affordable food are all part of

ensuring food security. One cannot invest in one aspect of poverty. There is need for a balanced


approach, with large projects in education, health, nutrition and rural infrastructure.


 

 

Adv. Niveditha Krishna. A. L is an LL.M in 'IPR and Public Law' from Department of Law, University of Kerala.