MORE THAN four in ten women in India, between the ages of 18 and 40 years, suffer from malnutrition related conditions. This has inter-generational consequences, for instance, undernourishment in pregnancy increases the likelihood of delivering an underweight child, who may have long-term health consequences. India has recognised the importance of women’s nutrition through legal protections, and welfare schemes; however, there remains a gap between entitlement and access. This article explores how recent changes in scheme design have contributed to this gap.
Women’s nutrition is a legal entitlement
Nutrition is recognised in the Constitution and its Part IV i.e. the Directive Principles of State Policy require the State to improve nutrition levels. Courts meanwhile have expanded the “right to life” to include access to necessities like adequate nutrition.
Accordingly, Parliament enacted the National Food Security Act, 2013 (‘NFSA’), that grants pregnant women and lactating mothers a statutory right to nutrition support, and maternity benefits. Courts have, time and again, reinforced the significance of this, noting its intergenerational implications and importance to societal welfare. Accordingly, they held that states were constitutionally obligated to reopen ‘Anganwadi Centres’ (‘AWCs’) through which nutrition is provided, once Covid-19 restrictions by the Government of India (‘GoI’) had been lifted. Further, recognising the vulnerability of women beneficiaries and barriers faced in contesting non-delivery of benefits, the Court placed the onus on states to ensure access.
Nutritional entitlements for women outside motherhood remain limited, unless they are eligible to receive food grains as members of priority households. Priority households are vulnerable families identified under Section 10 of the NFSA and receive benefits such as subsidised/ free food grains through the public distribution system.
Presently, two schemes form the backbone of India’s nutritional support framework for women during motherhood: Mission Saksham Anganwadi and Poshan 2.0 (‘Poshan 2.0’) and Pradhan Mantri Matru Vandna Yojana (‘PMMVY’). Both are implemented by the Ministry of Women and Child Development (‘MWCD’), but operate in different ways to improve nutritional outcomes.
