2014 polls could stand in the way of states' rollout

The penal provisions under the Bill have been kept at just around Rs 5,000

The United Progressive Alliance’s much-awaited National Food Security Bill might have got a nod from the Lok Sabha on Monday, but most state governments would be able to implement the scheme only after the 2014 general election, due to dilution in many of the Bill’s original provisions.

Earlier, states were to be given six months from the enactment of the law to implement the scheme. Now, they would be getting a year’s time. Hence, many states would actually implement the provisions after the general elections are over.

Of course, this does not include Congress-ruled ones, some of which are in the process of implementing the various provisions of the Bill or would do so in the next few months.

Also, a crucial amendment incorporated would compel the central government to frame rules and policies regarding the National Food Security Bill in consultation with the states.

Though this has been done to keep the spirit of the federal structure alive, it could possibly delay implementation of many key provisions of the legislation, which include maternity benefit for six months to pregnant women and lactating mothers.

The penal provisions under the Bill have also been kept at just around Rs 5,000, while in the Chhattisgarh law, violators would be clamped with the Essential Services Maintenance Act.

Transfer of cash has been virtually ruled out after a crucial amendment incorporated in the Bill, which said that cash could only be given to purchase foodgrains and it had to be ensured that foodgrains were not diverted for other purposes. This practically closes the door for distribution of cash in lieu of foodgrains under the Bill. In the earlier versions, cash in lieu of grains was an option.

The force majeure clause, which limits the responsibility of the central government to distribute foodgrains in the event of fire, floods, cyclones, war, etc, has been diluted. Now, it is up to the central government, along with the Planning Commission, to determine the conditions and situations in which its responsibility to distribute grains would cease to exist.

Earlier, invocation of the force-majeure clause was at the sole discretion of the Central government.

Some experts said the Bill expands the provisions of the current Antodaya Anna Yojana, targeted at the poorest of the poor and grants the same benefits, except for the quantity, to Below and Above Poverty Line families as well, merging the latter in the process and giving all a legal right.

The legal entitlement part, of course, is a big differentiator, along with the grievance redressal mechanism. It would allow a beneficiary to lodge a complaint for not getting his quota of monthly ration, which the current targeted public distribution does not allow.