Lok Manch: Development and Access to Entitlements of the Marginalised National Report Card

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Lok Manch Lok Manch: Development and Access to Entitlements of the Marginalised National Report Card Lok Manch (People s Forum) is envisioned as a movement of and by the dalits, adivasis, women, minorities, urban poor and other marginalized communities. About 100 organizations from 12 states have formed Lok Manch together with likeminded partners, to strengthen the dignity and expand the rights of the priority communities, by capacitating them to become informed citizens, using access to entitlements as a tool. The focus is on accessing entitlements enumerated in the National Food Security Act (NFSA), educational scholarships by the students of dalit and tribal communities through the Scheduled Caste Sub Plan (SCSP) and the Tribal Sub Plan (TSP), household and community schemes available under Water Sanitation and Hygiene (WASH) and other State and Central government welfare schemes. About 2,70,000 households are reached out to, through a mass awareness campaign and training of select representatives from local communities. These trained persons will serve as leaders and monitors voluntarily in each village, facilitating access to household and community entitlements. The process will be led by community leaders, 50 per cent of these being women. Baseline Survey To reach out to 2,70,000 households effectively in the coming years, a massive baseline survey was initiated under the auspice of Indian Social Institutes New Delhi and Bangalore to bring out a status report on various entitlements. From June to August 2016, 96 local organisations were involved in collecting household data and village data pertaining to household and community entitlements in approximately 1840 villages across 12 states, including slums in urban areas. Coverage This report brings out the realities of various marginalised communities with special focus on Scheduled Castes (SC / Dalits), Scheduled Tribes (ST / Adivasis) and Other Backward Classes (OBC) in 12 states, namely, Bihar, Chhattisgarh, Delhi, Jharkhand, Gujarat, Karnataka, Kerala, Maharashtra, Odisha, Tamil Nadu, Uttarakhand and West Bengal. Delhi and Uttarakhand are taken together for the purpose of analysis. The survey is carried out in 113 blocks / taluks in 46 districts. Profile of households The total number of households covered is 273,802. Of these household respondents, 50.7 per cent are male members, 49.2 per cent are female and 0.1 per cent are transgender. Of the total 269,165 responses to religion, as some households did not respond for religion, 48.5 per cent households are Hindu; 13.9 per cent are Christian; 6.7 per cent are Muslim and 14.6 per cent are Sarna (tribal religion). 413 households follow other religions. It is observed by the enumerators that many households who have stated that they follow tribal religion are classified as Hindus in official government statistics. Many households reiterated that they are not Hindus but nature worshippers. 1

Of the total 268,087 responses to social category / caste, 71,467 (26.7%) households belong to Scheduled Caste (SC/dalit); 44.3 per cent are Scheduled Tribes (ST); 20.6 per cent belong to the Most Backward Classes (MBC) and Other Backward Classes (OBC) and about 8.4 per cent belong to the General Castes. Identity cards It is seen that of the 268,087 responses to caste, 62.1 per cent do not possess a caste or tribal certificate (Chart 1). Among the 12 states, number of households in possession of a caste / tribal certificate is low in Darjeeling (West Bengal), Gujarat and Bihar and 50 per cent mark is crossed in Chhattisgarh and Tamil Nadu. Lok Manch partner organisations in Darjeeling region are primarily engaged with tea-garden tribal workers who migrated from Central India. Many of these households are not even recognized as tribals by the state and these live in sub-human conditions. In Gujarat those households living in Ahmedabad slums are deprived of caste certificate. In many instances, no permanent certification is provided by the government. People are asked to apply for caste / tribal certificates as needed. Many expressed that they go through procedural harassments and at times, abandon the effort to get certificates, out of frustration. In the absence of a caste / tribal certificate, there is a high likelihood of households being deprived of basic entitlements. Chart 1: Caste/Tribal Certificate, Aadhaar Card and Voter ID 9 7 5 68.0 49.7 65.9 63.3 74.0 61.3 55.0 51.4 85.3 57.7 44.5 3 1 15.8 5.9 11.7 14.0 8.9 7.9 4.8 18.1 13.2 11.5 9.7 Not possessing certificate Not having Aadhaar Card Not having Voter ID Successive governments have insisted on every Indian being identified on the basis of Aadhaar card, though the card clearly states that Aadhaar is proof of identity, not of citizenship. Families, with the newborns have been thronging the Aadhaar e-hubs and centres to make identity cards for their children, since, in schools and government offices Aadhaar card is now mandatory to receive certificates and access any welfare scheme or scholarship. From the sample households, about 1,203,066 (20.9 %) of family members do not possess Aadhaar card. Nearly 47 per cent households in Bihar have not received Aadhaar card; whereas in Kerala and Chhattisgarh 2

less than 10 per cent have not received Aadhaar card. This is a clear indication that India cannot be treated as monolithic state. Gaps and variations in programme implementation are huge across states. Surprisingly, while initiating issuance of new ration cards under NFSA, the families were told, to first get an Aadhaar card and then apply for a ration card. In many cases, new ration cards under NFSA were not issued as the head of the households did not possess an Aadhaar card. To deny food entitlements to the poor on the basis of an identity card, despite having a ration card under the old system, is unjustifiable. Right to food of the poor is being denied on a technicality. About 10.4 per cent of eligible voters still do not have a Voter ID. It was observed by the enumerators that households in rural areas are more deprived of issuance of Aadhaar cards and Voter IDs than those living in small towns and urban areas. Pension Chart 2 presents an alarming picture. Care of some of the most vulnerable in society, like the aged and widows, still remains a distant dream. Nearly 53.9 per cent of the elderly and 44 per cent of widows are deprived of pension benefits. Chart 2: Old Age and Widow pension 9 7 5 3 1 43.5 29.5 64.2 37.5 28.5 13.5 75.4 69.8 81.4 82.0 42.2 23.0 25.0 17.1 73.6 69.9 43.0 19.3 57.8 54.3 80.5 68.2 Not receiving Old Age pension Not receiving Widow pension Gujarat, Jharkhand, Maharashtra and West Bengal lag far behind other states in providing Old Age and Widow pension. In Chhattisgarh, elderly persons not accessing Old Age pension is also very high. The worst sufferers are from the dalit and adivasi communities. Pension Parishad, a national movement is taking up the cause of these voiceless people. This seems to be a potential area in which civil society organisations need to get involved collectively, and lobby with the government, to enact a legislation for their protection. 3

Care of pregnant and lactating mothers NFSA provides one free meal for expectant and lactating mothers and also has a provision to provide cash support of not less than Rs 6,000 as maternity financial assistance. The free meal is provided to pregnant mothers and up to six months after child birth. In case of non-supply of entitled food-grains or meals, the beneficiaries will receive a food security allowance. The Act also contains provisions for setting up of a grievance redressal mechanism at the district and state levels. Separate provisions have been made in the Act, to ensure transparency and accountability. Chart 3: Free meal and maternity financial assistance to pregnant and lactating mothers 76.8 71.8 46.2 45.3 9.5 49.1 70.3 75.8 75.0 35.0 41.6 24.7 20.5 48.7 59.2 59.0 51.5 38.5 14.5 21.1 63.8 12.2 Not receiving one meal by pregnant/lactating mothers Not receiving maternity financial assistance Chart 3 demonstrates the reality of pregnant and lactating mothers. Nearly 32.6 per cent mothers are deprived of one free meal and 66.6 per cent of them are deprived of any sort of financial assistance. Not receiving one free meal by pregnant and lactating mothers is high in Maharashtra. Only 16.1 per cent have received Rs 6,000 as cash support and 17.3 per cent received support either Rs 1,000 or less than that from other schemes. Despite the enactment of NFSA, its benefits have not reached the poor. It is also observed that often, grievance redressal mechanisms either do not exit or are non-functional. One of the weakest areas contributing to the lack of implementation of NFSA provisions is the lack of transparency and accountability of state mechanisms. Care of children NFSA provides one free meal for children aged 6 months to 5 years through Anganwadis and one free meal for school going children through the Midday Meal (MDM) scheme. Chart 4 demonstrates the status of this scheme. Nearly 40.2 per cent of children below 5 years and 25.1 per cent of school going students are deprived of the single free meal. Anganwadis do not seem to function in Chhattisgarh. Agonizingly, on 21 September, Justice V Kanade of Mumbai High Court lambasted the Maharashtra government for its complete apathy and criminal negligence that had led to worsening malnutrition deaths in 11 4

tribal districts of Maharashtra. Between these two variables, Anganwadis require more attention. Deprivation of food in early childhood has deep implications on later life. It is also observed that a large number of students studying in private schools are deprived of MDM. Chart 4: Free meal for children aged 6 months 5 years and MDM to students aged 6 14 Children from 6 months to 5 years not receiving free meal Students not receiving MDM 9 7 5 3 1 48.8 20.9 76.9 45.9 19.4 13.0 50.2 36.1 36.1 28.7 43.8 21.5 15.5 17.8 35.6 30.3 20.9 16.9 3 12.0 33.8 22.6 Adopting a food and nutritional security in human life cycle approach, NFSA provides food entitlement through Targeted Public Distribution System (TPDS) ensuring people s access to an adequate quantity of quality food at affordable prices, towards living a life with dignity. The Act provides for coverage of up to 75 per cent of the rural population and up to 50 per cent of the urban population for receiving subsidized food grains under Targeted Public Distribution System (TPDS), thus covering about two-thirds of the population. Eligible persons will be entitled to receive 5 kgs of food grains per person per month at subsidised prices of Rs. 3/2/1 per kg for rice/wheat/coarse grains. The existing Antyodaya Anna Yojana (AAY) households, which constitute the poorest of the poor, will continue to receive 35 kgs of food grains per household per month. Possession of Ration Cards From Tables 1-2, it is shocking to note that of the 255,495 sample households about 19.5 per cent do not possess ration cards either new or old. Across states, more than 35 per cent households of Jharkhand and Maharashtra where tribal households are very high do not have ration cards. A caste-wise analysis shows that the following do not possess cards: among the dalits about 10.4 per cent; 24.5 per cent among the tribals and 16 per cent among the OBCs. It is ironic to note that only 10.4 per cent do not own a Voter ID; whereas 19.5 per cent households do not possess ration cards. 5

Table 1: Possession of Ration Card AAY HHs % not receiving Ration card Unit Name Total 35 kg foodgrains AAY BPL APL No card Bihar 3189 13347 1327 4534 22397 2475 77.6 Chhattisgarh 1767 7393 1615 1362 12137 1577 89.2 Delhi + Uttarakhand 588 5858 2723 2475 11644 457 77.7 Jharkhand 9030 22140 3136 21113 55419 5118 56.7 Gujarat 1137 12166 16146 4840 34289 635 55.8 Karnataka 2476 27424 1088 3375 34363 1255 50.7 Kerala 4637 19051 9491 2880 36059 4297 92.7 Maharashtra 2945 536 76 1974 5531 1361 46.2 Odisha 416 447 8301 1902 11066 324 77.9 Tamil Nadu 6095 10781 1255 3958 22089 4582 75.2 West Bengal 8332 530 161 1478 10501 7054 84.7 Total 40612 119673 45319 49891 255495 29135 71.7 Total (in %) 15.9 46.8 17.7 19.5 10 Note: In most of the blocks old PDS system still continues. Distribution of new ration cards under NFSA as AAY, PHH (S) and PHH has been initiated recently in a few areas only. Table 2: Possession of Ration Card in relation to Caste Caste AAY BPL APL No card Total SC 8134 76211 9596 10887 (10.4%) 104828 ST 27499 42638 12666 26827 (24.5%) 109630 OBC 3288 24008 15769 8221 (16%) 51286 In some cases, especially in tribal dominated areas, the respondents pointed out that the cards are not with them; they are either with ration shop dealers or with middlemen who have taken them away. People are also not aware of when ration is distributed. Even those households which possess cards said that Out of stock is the usual response they receive from the dealers. It is also observed that among the AAY households only 71.7 per cent receive 35 kgs of food-grains. Access to educational scholarship through SCSP/TSP This idea of the Scheduled Caste Sub Plan (SCSP which is also called as the Special Component Plan - SCP) and the Tribal Sub Plan (TSP) was mooted during the Sixth Five Year Plan. The SCSP / TSP is a plan within a plan where each department formulates need-based programmes for the development of dalits and adivasis. Specific financial outlays and physical targets are prescribed in the relevant schemes and included in the sectoral plan of each department. Evidence shows that invariably all the states in India have defaulted in implementation of SCSP/TSP. It is observed that the enumerators had difficulty in getting details about Prematric and Post-matric educational support related schemes since many respondents were unaware of these schemes. From the limited responses received, about 64.3 per cent and 60.7 per cent of students seem to be 6

accessing Pre-matric and Post-matric scholarships respectively. It is also observed that there is drastic reduction in the number of children becoming eligible for Post-matric scholarship. In other words, there seems to be a huge dropout rate from Pre-matric to Post-matric transition. It is also evident that those studying in private schools are deprived of educational assistance by the state. Drinking water and toilet facility at home Chart 5 bring out housing, water and sanitation status. Drinking water facility is available in 43.6 per cent of households and toilet facility is available only in 26.3 per cent of households. In Odisha, only 6.9 per cent households have drinking water facility at home; toilet facility at home is low in Tamil Nadu and Bihar. Chart 5: Drinking water and toilet facility 10 95.5 76.5 77.5 80.4 46.6 48.3 50.2 43.060.4 58.8 59.2 35.7 56.0 56.0 33.3 80.3 93.1 75.1 91.3 73.4 75.0 64.0 No drinking water facility at home No toilet facility at home Of the 184,425 responses received, 48,250 (26.2%) houses are thatched. More than 70 per cent houses of Odisha are thatched. Only 35,502 (19.9%) houses are either built either by the government or with financial support from the state. A number of houses are also built by non-governmental organisations. Community entitlements It is observed that public drinking water facility is available in 64.6 per cent of villages and water is available throughout the year only 36.9 per cent villages. Nearly in 80 per cent of villages drainage system and public toilet facility is not available, which is the main cause of the spread of preventable diseases. In the absence of toilets at home and no public toilet facility many households still continue with the age-old shameful practice of open defecation. In many cases villagers have to travel more than a kilometer to access Primary Health care and collect rations. Practices of untouchability, caste and religious conflicts are observed in nearly 25 per cent of villages. 7

Lok Manch demands: 1. Do not deny entitlements on the basis of technicalities. Technology must aid in strengthening and streamlining entitlements. But denial of food, maternity benefits, pensions, scholarships etc on the basis of not having an Aadhaar card is unjustifiable. 2. It is the responsibility of the state to care for vulnerable persons like the aged and widows. State must enact laws to protect these citizens through appropriate pension schemes. 3. NFSA must be implemented in all the states; households must be provided with ration cards under the new system. 4. The health of the nation depends on the health of the children. Anganwadis are the entry points to ensure minimum nutrition protection to vulnerable children. Establishing village based Anganwadis within a kilometer for easy access and ensuring proper implementation of nutrition schemes through ICDS must be strengthened. The state also has to ensure that MDM is implemented in private educational institutions. Allocate budget to provide financial assistance to pregnant and lactating mothers. 5. The administration must ensure that every household possesses the appropriate card under NFSA. Ensure that dealers and middlemen do not deprive the poor of food entitlement. Guarantee that grievance redressal mechanisms are in place and they function well. Include community leaders at the panchayat, block, district and state levels in grievance committees. 6. Ensure SCSP and TSP are implemented. Do not divert the funds allotted for the development of tribals and dalits for general developmental works. Ensure students studying in all private institutions access educational scholarships provided by the state. 7. Provide safe drinking water and sanitation facilities to every household and stop open defecation and manual scavenging. 8. Improve drainage and public toilet facilities in each village. 9. Ensure Primary Health Centres and Ration Shops are easily accessible to all villagers. 10. Protect and safeguard the rights and dignity of dalits, adivasis and religious and ethnic minorities and end all forms of atrocity and discrimination. National Coordinator: Sannybhai For details visit www.hamaralokmanch.net Email: lokmanch2015@gmail.com Prepared by: Joseph Xavier 8