Not a Numbers Game: A Constitutional Argument to Increase Coverage under The National Food Security Act, 2013
Gautam Narayan & Asmita Singh *
Volume 13 Issue 2 (2020)
Is it constitutionally permissible to further constrict the already narrow right to access subsidised food grains by calculating the eligible beneficiaries on the basis of outdated population data? Although, the answer to this query must necessarily be in the negative; unfortunately, this is exactly what has been done through §9 of the NFSA which imposes an artificial restriction, unsupported by any ground level data. Legislatively, over 100 million people will be deprived of this most basic and fundamental of human rights. This article, therefore, seeks to pose a constitutional challenge to §9. Although, the Act has been in vogue for over half a decade, the extremely deleterious consequences of the artificial exclusions imposed by §9, have only exacerbated the heartrending human tragedies that have been wrecked on the most economically precarious due to the COVID-19 pandemic, which has, therefore, been used as a case study to propose some structural reforms to the NFSA. Indisputably, the process of evolving and structuring policies to suit the aspirations of a vast country, is a gargantuan task; the need of the hour is to engage policymakers in a debate to rethink such provisions and guarantee nutrition for one and all.