Activists welcome India Supreme Court’s move to quiz gov’t on voided ration cards linked to starvation deaths

The Right to Food Campaign (RTFC), an informal network of individuals and organizations pushing for the realization of the right to food in India, welcomed the SC’s move, saying “it is the first major challenge” that the Indian government would face since 2017 – the time when it started invalidating ration cards that weren’t verified via the Aadhaar or the 12-digit unique number that records a person’s biometric details.

A total of 43.9 million ration cards had been voided nationwide for the last four years primarily because the cards failed biometrics authentication, according to the RTFC, citing latest government data. This, the network said, had added “to the distress of people living with hunger” and also caused several starvation-related deaths.

Last March 17, the SC said the scrapping of tens of millions of cards was “too serious a matter.” It then asked the central government to “respond because of the Aadhaar issue.”

Starvation death case of 11-year-old Santoshi

The petition for the SC to look into allegations of starvation deaths caused by the invalidation of ration cards stemmed from a public interest case filed by the mother and sister of 11-year-old Santoshi, who came from a family of Dalits, the lowest caste in India.

The girl’s mother, Koili Devi, said Santoshi had died of starvation on Sept. 28, 2017, or six months after their family was delisted as among the beneficiaries of cheaper priced food grains obtained via ration cards because they didn’t have an Aadhaar. India’s National Food Security Act of 2013 mandates the government to provide five kilos of subsidized food grains to 75 percent of the country’s rural population.

On the night of Santoshi’s death, there was nothing but tea and salt in their house in Karimati district’s Simdega village, according to Koili. Government officials insisted that Santoshi died of malaria. But Koili maintained that starvation killed her child, who was murmuring that she wanted rice moments before she passed away.

In January 2018, Koili, Santoshi’s sister Gudiya, Jharkhand-based right to food activist Taramani, and the People’s Union for Civil Liberties filed a petition urging the SC to carry out an independent investigation into starvation deaths in the country, the restoration of all cancelled ration cards, and compensation for the death of Santoshi.

More cases of starvation deaths linked to voided ration cards

RTFC claimed it wasn’t just Santoshi who died of starvation because of the government’s invalidation of ration cards that failed authentication via the Aadhaar. The network did a probe and found out that at least 57 fatalities were starvation-induced. Nineteen of these deaths were linked to ration card cancellations, according to RTFC.

“Removal of needy and poor people from the list of beneficiaries was done in the name of bogus ration cards but subsequent investigation by the campaign members showed that the ration card holders were never given notice. Investigative reports also concluded that the ration cards were genuine,” the network said in a recent statement.

Meanwhile, RTFC said it “is glad” that the SC also heard the May 23, 2020 order of the Telangana High Court, which ordered the issuance of new ration cards to all those whose cards had been voided without being notified by the Telangana Government.

The same court likewise directed the Telangana Government to exempt the new cards from biometric authentication.

“We hope that the SC would also pass similar orders,” the RTFC said.

’Injustice needs to end soon’

The network expressed hope that the SC hearing on the issue of starvation deaths linked to the scrapping of ration cards would finally lead to justice for Santoshi and all those who died and suffered because of it.

“In a situation of hunger amidst plenty where food stocks have broken all records, the campaign feels that this injustice needs to end soon and cards and food supply be restored to those removed along with the expansion of the coverage to the millions of people who have been left out, despite being needy and entitled, ” said RTFC, a member of the Global Network for the Right to Food and Nutrition.

Below is the full statement by the Right to Food Campaign issued on March 18, 2021. 

SC notices to UOI and States on the petition related to the Cancellation of Ration cards,  A Welcome Step, especially in the situation of Hunger amidst plenty:  Right to Food Campaign

The Right to Food Campaign is extremely pleased that a 3-judge bench of the Supreme Court headed by the Chief Justice of India S.A. Bobde issued notices on 17th March to the Union and all 36 States and UTs regarding cancellation of ration cards in the matter of Koili Devi and others Vs the Union of India and Others (case number WP(C) 61/ 2018). The Campaign welcomes this move of the SC which is the first major challenge that the UOI and the State’s have had to face since they started this process in 2017 removing 4.39 crore cards in the last four years, which according to the ground reports of the campaign constituents, has added on to the distress of people living with hunger along with causing several deaths due to it. In a situation of Hunger amidst plenty where food stocks have broken all records, the campaign feels that this injustice needs to end soon and cards and food supply be restored to those removed along with the expansion of the coverage to the millions of people who have been left out, despite being needy and entitled.  

It may be recalled that Koili Devi, the mother of Santoshi, an 11 year old dalit girl from Jharkhand had died from starvation in 2017 after the family ration card was cancelled due to the Aadhar card not being linked to the ration card. Such cancellations were done nationwide and were announced in February 2017 by the central government which led to large scale distress and cancellation of ration cards. Removal of needy and poor people from the list of beneficiaries was done in the name of bogus ration cards but subsequent investigation by the campaign members showed that the ration card holders were never given notice. Investigative reports also concluded that the ration cards were genuine. 

 The writ petition with 4 co-petitioners namely, Koeli Devi, Gudiya (Santoshi’s sister), Taramani (a Jharkhand based right to food activist) and the People’s Union for Civil Liberties (PUCL) was filed in January 2018 in the Supreme Court and had initially prayed for  an independent investigation into starvation deaths in the country, the restoration of all cancelled ration cards and compensation for the death of Santoshi by starvation. 

 The original petition had presented documents, generated by the Right to Food campaign which related to starvation deaths taking place in Jharkhand, U.P., Odisha, Karnataka, M.P., Maharashtra, Bihar, Chhattisgarh, West Bengal, Andhra Pradesh, Telangana. News reports throughout India had confirmed that genuine cards were cancelled without notice. 

The Right to Food campaign is pleased that that the lawyers for the petitioners could present to the court the data provided by the Minister of Consumer Affairs, in Parliament that between 2013 – 2020, 24 lakhs in U.P., 21 lakhs in Maharashtra, 27 lakhs in Karnataka, 21 lakh in Telangana and lakhs of ration cards in other states amounted to 2.98 crores cancellations. The latest Government data (https://pqars.nic.in/annex/253/AU2008.pdf ) showing that  4.39 crore ration cards had been cancelled. It was argued that the failure of authentication via biometrics was one of the most important reasons for cancellation of ration cards nationwide. 

 The Campaign is glad that the Court heard yesterday, about the order of the Telangana High Court dated 23rd May, 2020, which had directed that fresh ration cards be issued to all those whose cards had been  cancelled by the Telangana Government “without issuing notice to them”. It was also emphasised that the High Court had also directed the Telangana Government that biometric authentication be exempted. The Advocate General of the State had made a statement which was recorded “that the State will continue provide food and essential supplies to the poor and needy without r their ration cards pending further orders”. We hope that the SC would also pass similar orders. 

The campaign is also of the opinion that the critical issue related to the non implementation of section 14, 15 and 16 of The National Food Security Act, 2013, which got raised in the arguments by the lawyer, must also be brought centre stage by the Supreme Court in its future hearings According to these section the Nodal Officers, District Grievance Redressal Officers (DGRO) and a State Food Commission (SFCs) are required to be established. On 9th December 2019, the Supreme Court bench headed by CJI S.A. Bobde had suggested to appoint a high-powered committee to probe this issue. The court had then gone on to issue notice to the states to apprise the court on steps taken for implementation of the grievance redressal mechanism. Latest information, however, show that existing officers, often from the very food supply department involved in the corruption regarding PDS, were given an additional designation of Nodal Officers. Similarly, the designation of DGRO was given to officers already performing other functions. On State Food Commissions, while many states have not even appointed any such commission, most states which have notified a commission have entrusted existing bodies like the State Consumer Forum for an additional designation of the State Food Commission. 

The Right to Food Campaign constituents have been working hard at trying to implement the Supreme Court decision of  2018 in the Swaraj Abhiyan’s case which insisted that the practice of giving additional responsibility was “most unsatisfactory”. The officers are required to be “independent”.

We are also glad that the data related to continuous increase in the situation of hunger in India was also presented in court. The decline of India’s rank in the Global Hunger Index 2020, placing  . India at 94 out of 107 countries putting it in the “Serious Hunger Category”, globally was highlighted. Along with the above the report of the Hunger Watch Survey, 2020 conducted in 11 states of the country by the Right to Food Campaign and state campaigns was also presented. According to the report post-pandemic and post-lockdown, the situation of hunger in India was grave and it showed that even after the lockdown was lifted, the distress among the marginalised communities continues and among the people having lower incomes, food consumption had reduced including missing meals frequently. 

Mr. Gonsalves argued that the Government’s indifference and constant denial regarding this distressful situation of its people even before the highest court of the land, was in contradiction with its Constitutional duty to protect the fundamental right to food and freedom from hunger.

The Right to Food Campaign is hopeful that finally the Supreme Court will ensure the restoration of ration cards and an uninterrupted supply of food to all NFSA beneficiaries and all the deserving people being included  as food beneficiaries. 

Gangaram Paikra, Aysha, Kavita Srivastava, Dipa Sinha, Anuradha Talwar, Mukta Srivastava, Amrita Johri

 (On behalf of Steering Committee of Right to Food Campaign)

The Right to Food Campaign, an informal network of organisations and individuals is presently campaigning for the

1. Universalization of the PDS, with inclusion of pulses and edible oil should be made legal entitlements under the PDS and must be procured at MSP

2. Continuation of additional foodgrain rations (PMGKAY) for another year

3. Immediate revival of hot cooked meals through ICDS and MDM, including eggs

4. Expansion of services to include hot cooked meals for children under 3 through creches and pregnant and lactating mothers through community kitchens

5. Universal and unconditional Maternity Entitlements (PMMVY) without any delay

6. Repealing of the three farm laws