The Wire: New Delhi: Thursday, 30 September 2021.
The Maharashtra government has approved financial assistance of over Rs 138 crore for the families of state police officers and other staff members who died while on COVID-19 duty, the government's response to an RTI query has revealed.
Nagpur resident Sanjay Thul had sought details under the Right to Information (RTI) Act about the total number of deaths in the police force due to the coronavirus and assistance provided by the government to the families of the deceased.
As per documents obtained by him, 370 Maharashtra police officers/staff members (excluding Mumbai) and 123 of Mumbai police died while on COVID-19 duty till September 14 this year.
The Maharashtra government approved financial assistance of Rs 138.50 crore for the families of such 277 state police officers/staff (excluding Mumbai city) and Rs 53 crore for the kin of 106 Mumbai police officers/staff, as per the response received under the RTI.
The Union government has not taken any concrete steps so far to implement the Supreme Court’s judgment of June 29 this year for ensuring food security to those in the unorganised sector and migrant workers. This has been revealed by recent replies given by the Department of Food and Public Distribution under the Ministry of Consumer Affairs in response to Right to Information (RTI) queries filed by a food rights campaigner.
The Supreme Court had in its judgment of June 29, in the case pertaining to the distress faced by migrant workers during the COVID-19 pandemic, had given several important directions to ensure food security for unorganised sector workers and migrant workers.
Taking cognisance of the fact that the fraction of population entitled to get subsidised food grain under the National Food Security Act (NFSA) had not been revised since the 2011 Census despite the increase in population, the Supreme Court had directed the Union government to re-determine the total number of persons to be covered in rural and urban areas for issuance of ration cards.
It had also directed the state governments to implement an appropriate scheme by July 31, 2021 to provide dry rations to migrant workers for as long as the COVID-19 pandemic continues. For this, the additional grains were to be provided by the Union government.
Food rights campaigner Anjali Bhardwaj, who filed multiple RTI queries to learn about the status of these schemes, said, “Information accessed under the RTI Act shows that the Union and state governments have failed to comply with both these directions.”
‘NFSA beneficiaries can only be revised after next Census’
In one of the RTI petitions filed on August 20, 2021, Bhardwaj had asked the Department of Food and Public Distribution regarding the “details of the steps taken by the government to implement the direction of the Supreme Court contained in its judgment dated June 29, 2021 (Suo Motu Writ Petition (Civil) No. 6 of 2020) regarding re-determining the total number of persons to be covered under the NFSA.”
Bhardwaj had also sought copies of all relevant communication, correspondence, government order, policy and file notings in this regard. She had also asked for the name of the nodal authority designated by the Union government for undertaking the exercise as directed by the apex court.
In its response, dated August 24, the Department said, “The National Food Security Act, 2013 (NFSA) provides for all India coverage of up to 75% of the rural population and up to 50% of the urban population for receiving subsidised food grains under Targeted Public Distribution System (TPDS).” It added that corresponding to these percentages, “State/UT-wise coverage for receiving highly subsidised foodgrains was determined by the Planning Commission (now Niti Aayog) on the basis of 2011-12 NSSO Household Consumption Expenditure Survey.
The reply added that “Section 9 of the Act provides that the total number of persons to be covered in rural and urban areas of the State shall be calculated on the basis of the population estimates as per the Census of which the relevant figures have been published”.
Therefore, it said, “as per Act, any revision in the State/UT-wise coverage shall be possible after the data of next Census is published”.
On the issue of the apex court ruling on appointment of a nodal authority for undertaking the exercise to re-determine the total number of persons to be covered under the NFSA, the Department said the judgment passed “is being examined at present”.
‘Delayed revision would defeat purpose of SC order’
Reacting to this, Bhardwaj said: “As per official statements, the publication of the census has been delayed due to COVID and the interim data is likely to be available only in 2023-24. This means that the government is looking at any revision only after three years, which would defeat the very purpose of the judgment i.e. to ensure relief for economically vulnerable people at a time when they are facing unprecedented hardships on account of the health and economic crisis due to the pandemic.”
The foods rights activist and founder of Satark Nagrik Sangathan pointed out that it was the urgent nature of the crisis which had made the SC step in. “The severe problems being faced by informal sector workers, especially migrant workers, due to loss of livelihood on account of the COVID-19 pandemic, and subsequent restrictions on economic activity, led the SC to register this suo motu case.”
She added that the reliefs granted by the case are in the context of the pandemic and are aimed at ensuring food security for economically vulnerable persons during this time of unprecedented hardship.
Only two states applied for additional food grains
Another query filed by Bhardwaj with the Department of Food and Public Distribution had sought details of states which had sought additional food grain from the Union government to disburse dry food grain to migrant labourers. The details of the quantity of additional food grains allocated by the Union government to each state government in August 2021 for the purpose of providing ration to migrant workers pursuant to the Supreme Court’s judgment was also asked in the same application.
In its response, the Department said only the state governments of Telangana and Meghalaya sought additional food grains from the Union government for providing rations to migrant labourers in pursuance of the SC judgment. It, however, denied copies of the letters, saying these were exempt under section 8(1)(e) of the RTI Act which pertains to information held in a fiduciary capacity.
As for the quantity of food grains allocated to the states, the Department said, “So far no additional allocation of food grains has been made by this Department to any state government for providing food grains to migrant labourers in pursuance of the judgment of the Supreme Court.”
Bhardwaj said despite the SC judgment, it is clear that no concrete provisions have been put in place to provide rations to migrant workers who do not possess ration cards. “Further, the denial of information by claiming that it is held in a fiduciary capacity is in violation of the RTI law as the letters and communication from state governments is arising from the obligations placed by the directions of the Supreme Court and is being held by the Union government in its official capacity,” she said.
The activist insisted that in several rulings on the RTI Act, the Supreme Court has clarified that the basic ingredient of a fiduciary relationship is someone who acts for and on behalf of another in a particular matter giving rise to a relationship of trust and confidence and implies a condition of superiority of one of the parties over the other, where special confidence has been reposed in an individual to act in the best interests of another.
Bhardwaj insisted that communications between state and Union governments regarding provision of rations in compliance with an SC judgement do not constitute a fiduciary relationship.
The Maharashtra government has approved financial assistance of over Rs 138 crore for the families of state police officers and other staff members who died while on COVID-19 duty, the government's response to an RTI query has revealed.
Nagpur resident Sanjay Thul had sought details under the Right to Information (RTI) Act about the total number of deaths in the police force due to the coronavirus and assistance provided by the government to the families of the deceased.
As per documents obtained by him, 370 Maharashtra police officers/staff members (excluding Mumbai) and 123 of Mumbai police died while on COVID-19 duty till September 14 this year.
The Maharashtra government approved financial assistance of Rs 138.50 crore for the families of such 277 state police officers/staff (excluding Mumbai city) and Rs 53 crore for the kin of 106 Mumbai police officers/staff, as per the response received under the RTI.
The Union government has not taken any concrete steps so far to implement the Supreme Court’s judgment of June 29 this year for ensuring food security to those in the unorganised sector and migrant workers. This has been revealed by recent replies given by the Department of Food and Public Distribution under the Ministry of Consumer Affairs in response to Right to Information (RTI) queries filed by a food rights campaigner.
The Supreme Court had in its judgment of June 29, in the case pertaining to the distress faced by migrant workers during the COVID-19 pandemic, had given several important directions to ensure food security for unorganised sector workers and migrant workers.
Taking cognisance of the fact that the fraction of population entitled to get subsidised food grain under the National Food Security Act (NFSA) had not been revised since the 2011 Census despite the increase in population, the Supreme Court had directed the Union government to re-determine the total number of persons to be covered in rural and urban areas for issuance of ration cards.
It had also directed the state governments to implement an appropriate scheme by July 31, 2021 to provide dry rations to migrant workers for as long as the COVID-19 pandemic continues. For this, the additional grains were to be provided by the Union government.
Food rights campaigner Anjali Bhardwaj, who filed multiple RTI queries to learn about the status of these schemes, said, “Information accessed under the RTI Act shows that the Union and state governments have failed to comply with both these directions.”
‘NFSA beneficiaries can only be revised after next Census’
In one of the RTI petitions filed on August 20, 2021, Bhardwaj had asked the Department of Food and Public Distribution regarding the “details of the steps taken by the government to implement the direction of the Supreme Court contained in its judgment dated June 29, 2021 (Suo Motu Writ Petition (Civil) No. 6 of 2020) regarding re-determining the total number of persons to be covered under the NFSA.”
Bhardwaj had also sought copies of all relevant communication, correspondence, government order, policy and file notings in this regard. She had also asked for the name of the nodal authority designated by the Union government for undertaking the exercise as directed by the apex court.
In its response, dated August 24, the Department said, “The National Food Security Act, 2013 (NFSA) provides for all India coverage of up to 75% of the rural population and up to 50% of the urban population for receiving subsidised food grains under Targeted Public Distribution System (TPDS).” It added that corresponding to these percentages, “State/UT-wise coverage for receiving highly subsidised foodgrains was determined by the Planning Commission (now Niti Aayog) on the basis of 2011-12 NSSO Household Consumption Expenditure Survey.
The reply added that “Section 9 of the Act provides that the total number of persons to be covered in rural and urban areas of the State shall be calculated on the basis of the population estimates as per the Census of which the relevant figures have been published”.
Therefore, it said, “as per Act, any revision in the State/UT-wise coverage shall be possible after the data of next Census is published”.
On the issue of the apex court ruling on appointment of a nodal authority for undertaking the exercise to re-determine the total number of persons to be covered under the NFSA, the Department said the judgment passed “is being examined at present”.
‘Delayed revision would defeat purpose of SC order’
Reacting to this, Bhardwaj said: “As per official statements, the publication of the census has been delayed due to COVID and the interim data is likely to be available only in 2023-24. This means that the government is looking at any revision only after three years, which would defeat the very purpose of the judgment i.e. to ensure relief for economically vulnerable people at a time when they are facing unprecedented hardships on account of the health and economic crisis due to the pandemic.”
The foods rights activist and founder of Satark Nagrik Sangathan pointed out that it was the urgent nature of the crisis which had made the SC step in. “The severe problems being faced by informal sector workers, especially migrant workers, due to loss of livelihood on account of the COVID-19 pandemic, and subsequent restrictions on economic activity, led the SC to register this suo motu case.”
She added that the reliefs granted by the case are in the context of the pandemic and are aimed at ensuring food security for economically vulnerable persons during this time of unprecedented hardship.
Only two states applied for additional food grains
Another query filed by Bhardwaj with the Department of Food and Public Distribution had sought details of states which had sought additional food grain from the Union government to disburse dry food grain to migrant labourers. The details of the quantity of additional food grains allocated by the Union government to each state government in August 2021 for the purpose of providing ration to migrant workers pursuant to the Supreme Court’s judgment was also asked in the same application.
In its response, the Department said only the state governments of Telangana and Meghalaya sought additional food grains from the Union government for providing rations to migrant labourers in pursuance of the SC judgment. It, however, denied copies of the letters, saying these were exempt under section 8(1)(e) of the RTI Act which pertains to information held in a fiduciary capacity.
As for the quantity of food grains allocated to the states, the Department said, “So far no additional allocation of food grains has been made by this Department to any state government for providing food grains to migrant labourers in pursuance of the judgment of the Supreme Court.”
Bhardwaj said despite the SC judgment, it is clear that no concrete provisions have been put in place to provide rations to migrant workers who do not possess ration cards. “Further, the denial of information by claiming that it is held in a fiduciary capacity is in violation of the RTI law as the letters and communication from state governments is arising from the obligations placed by the directions of the Supreme Court and is being held by the Union government in its official capacity,” she said.
The activist insisted that in several rulings on the RTI Act, the Supreme Court has clarified that the basic ingredient of a fiduciary relationship is someone who acts for and on behalf of another in a particular matter giving rise to a relationship of trust and confidence and implies a condition of superiority of one of the parties over the other, where special confidence has been reposed in an individual to act in the best interests of another.
Bhardwaj insisted that communications between state and Union governments regarding provision of rations in compliance with an SC judgement do not constitute a fiduciary relationship.
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