Professional Documents
Culture Documents
UNIVERSITY
TOPIC –The law on “right to food” in India : evaluating the ground reality
Roll No – 161
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ACKNOWLEDGEMENT
I would thank Hon‟ble Vice Chancellor sir for providing our institute with all the facilities
which are required for the completion of this project. I further extend my thanks to library
staff of our college who helped me in getting all the materials necessary for the project.
-Vipin dwivedi
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TABLE OF CONTENT
ACKNOWLEDGEMENT................................................................................................ 2
TABLE OF CONTENT......................................................................................................3
OBJECTIVE.......................................................................................................................4
HYPOTHESIS.....................................................................................................................4
RESEARCH METHODOLOGY.........................................................................................4
INTRODUCTION ........................................................................................................................................5
CONCLUSION........................................................................................................................16
BIBLIOGRAPHY..................................................................................................................16
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OBJECTIVE
The objective of my project is to analyse the right to food in India in detail, study its
provisions, their applicability, its scope and the various acts submerged under it. It involves
the study of various things associated with it that come within its ambit, its significance in
maintaining parity and the programmes, actions launched by the government for its
smooth functioning.
HYPOTHESIS
. While extreme hunger is always there in India, natural disasters such as floods and droughts
bring more hunger because so many of the people are so vulnerable, living at the edge of
hunger all the time.
Like many other developing countries, India has a wide variety of feeding programs, food
subsidies, and other sorts of "schemes" to alleviate hunger, but somehow these programs are
never quite enough. Lacking political power, marginalized people stay marginalized despite
such efforts to help them. They can be empowered, however, through clear acknowledgment
of their human rights. Over the centuries, many millions of people have gone hungry in India.
Now, for the first time, the claim has been made that the government has a positive obligation
to do something enforce this right to food in india, and if government does not meet its
obligation, it can be called to account in the nation's courts.
RESEARCH METHODOLOGY
The objective of my project is to analyse the The law on “right to food” in India in detail,
study its provisions, their applicability, its scope and evaluating the ground reality . It
involves the study of various things associated with it that come within its ambit, its
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significance in maintaining parity and the programmes, actions launched by the government
for its smooth functioning
INTRODUCTION
The right to food is a human right which is established to protect the right of people to feed
themselves with dignity meaning that every man , women and child have sufficient amount of
food is available and they have proper means of access it and that it adequately meets the
individual's dietary needs. The function of right to food is protection of people
from hunger, food insecurity and malnutrition. The right to food does not bind the
government to hand over free food to anyone who want it or need to be fed but at time and
reason which is beyond the control like war or natural calamity the right require the
government to feed the one in need. The right is derived from the International Covenant on
Economic, Social and Cultural Rights. The country sign the covenant agreed on common goal
to maximum of their available resources to achieve progressively the full realization of the
right to adequate food, both nationally and internationally. In total 160 countries right to food
is applicable. At the world food summit 1996 all the member countries committed themselves
to half the total number of malnutrition and hunger prevailing in the global level by 2015 but
it reached the infamous record in 2009 of one billion undernourished people worldwide.
Whilst under international law states are obliged to respect, protect and fulfil the right to
food, the practical difficulties in achieving this human right are demonstrated by prevalent
food insecurity across the world, and ongoing litigation in countries such as India.] In the
continents with the biggest food-related problems – Africa, Asia and Latin America – not
only is there shortage of food and lack of infrastructure but also misdistribution and
inadequate access to food. There are many misconception regarding right to food , it does not
mean the certain ration of calories ,protein or other specific nutrient or right to fed but It is
about being guaranteed the right to feed which does not means just the availability of
food but also that it is accessible – i.e., that each household either has the means to produce
or buy its own food. Now in India there is no right to food as a fundamental right in the
Indian Constitution but justifiability of the right to food comes from a much broader right to
life and liberty as enshrined in Article 21.
The project focuses on determining the need and the challenges faced in realizing the right to
food as a fundamental right along with other legislative and judicial developments made with
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regard the same. The study lays emphasis on the recognition of right to food as the most
essential Human Right without which ones survival is at stake. In India the “right to food” is
not recognised as the “the fundamental right” like in most country constitution it is
recognised as the “fundamental fight”. The fact that the Indian constitution came into effect
after 1950 it has been a progressive Constitution which aimed at ensuring all its citizens
social, economic and political justice, equality, dignity yet Right to Food does not find any
substantial place among the Fundamental right. The constitution is the supreme law which lay
down the foundation of all the other law in our country in the form of centre or state act so a
law to be valid in India should be within the framework of the Indian constitution. “While
the Indian Constitution has recognized the civil and political rights as directly justifiable
fundamental rights, the economic, social and cultural rights and thus, the “Right to Food” is
included in the certain provisions of Constitution but not as a separate right”.1 In April 2004
an PIL was reported by PUCL in clarifying the right to food in the Indian context and the
obligations of the State to support victims in realizing their right to food was the Public
Interest Litigation filed
In India we have deep rooted culture for respect and sharing of food, it add to the importance
of growing and not wasting food. Sharing or offering food is a universal tradition shared by
all religious entities that have roots in the Indian soil. Accordingly, in 1950, India adopted a
very progressive Constitution aimed at ensuring all its citizens social, economic and political
justice, equality, and dignity. Therefore any law to be valid in Indian Territory must be within
the constitutional framework. Like in many countries of the World the “The Right to Food”
in Indian Constitution is not recognized as a “Fundamental Right”. Therefore, there is no
constitutional mandate to have a claim over it. The right to food does not bind the
government to hand over free food to anyone who want it or need to be fed but at time and
reason which is beyond the control like war or natural calamity the right require the
government to feed the one in need. It is about being guaranteed the right to feed which does
not means just the availability of food but also that it is accessible – i.e., that each
household either has the means to produce or buy its own food. Regarding right to food, one
has to look for relevance in Article 21 of the Constitution, entitled “Protection of life and
personal liberty” and Article 47 “Duty of the state to raise the level of nutrition and the standard of
living […]” as well as in judicial interventions of the Supreme Court and various Acts, which
have cumulatively strengthened the right to food in India. Knowing the constitutional and
legislative framework in India regarding the right to food is crucial for identifying right to
food violations and supporting victims in realizing their right to food.
1
sharma preeti, “Analysis on Right to Food and Development in India”
<http://www.preservearticles.com/2012010920346/analysis-on-right-to-food-and-development-in-
india.html> accessed October 20, 2017
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Indian Constitution Part III, Article 21
“Protection of life and personal liberty – No person shall be deprived of his life or personal
liberty
except to procedure established by law.” The phrases “Protection of life” and “personal
liberty” have called several times for interpretation. A series of judicial interventions and
interpretations have deepened the normative content of this fundamental right.
The right to food or in general the economic, social, and cultural rights are defined in Part IV
of the Constitution as Directive Principles of State Policy, which are guidelines to the central
and State Governments for framing laws and policies. The provisions are not enforceable by
any court, but the principles laid down therein are considered as fundamental in the
Governance of the country. There are several Articles under the Directive Principles offer
remote relevance for the right to food, but the clearest statement regarding the right to food is
provided by Article 47.
Article 47: Duty of the State to raise the level of nutrition and the standard of living and to
improve public health.
The State shall regard the raising of the level of nutrition and the standard of living of its
people and the improvement of public health as among its primary duties and, in particular,
the State shall endeavour to bring about prohibition of the consumption except for medicinal
purposes of intoxicating drinks and of drugs, which are injurious to health. “Putting together
Article 21 and 47 and various interpretations of the Supreme Court of one can safely say that
the Government of India has a constitutional obligation to take appropriate measures to
ensure a dignified life with adequate food for all citizens. The right to food can be regarded as
a fundamental right by virtue of interpretation.”2
2. Does not the right to life under Article 21 of the Constitution of India include the right to
food?
2
“Human Rights to Food in Indian Constitution” (Issues of India August 5, 2010)
<https://socialissuesindia.wordpress.com/2010/08/05/human-rights-to-food-in-indian-constitution/> accessed
October 22, 2017
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3. Does not the right to food which has been upheld by the apex Court imply that the State
has a duty to provide food especially in situations of drought to people who are drought
effected and are not in a position to purchase food.
Article 21 of the constitution, entitled “Protection of life and personal liberty”, says, in its
entirety, “No person shall be deprived of his life or personal liberty except according to
procedure established by law.
The action took by the supreme court as result of ongoing proceeding it issued order to the
government agencies to identify the needy within their jurisdictions, and to assure that they
receive adequate food. On July 23, 2001, the court said:
In our opinion, what is of utmost importance is to see that food is provided to the aged,
infirm, disabled, destitute women, destitute men who are in danger of starvation, pregnant
and lactating women and destitute children, especially in cases where they or members of
their family do not have sufficient funds to provide food for them. In case of famine,
there may be shortage of food, but here the situation is that amongst plenty there is
scarcity. Plenty of food is available, but distribution of the same amongst the very poor
and the destitute is scarce and non-existent leading to mal-nourishment, starvation and
other related problems3.
On September 3, 2001 the court said that within two
week all the 16 state which has not identified the family under the poverty line must do it.
After two weeks, on September 17, 2001, the court reprimanded them, saying, “we are not
satisfied that any such exercise in the right earnestness has been undertak . They were given
next three week. The court also reminded the states that “certain schemes of the Central
Government are mentioned which are required to be implemented by State Governments”.
These schemes are: Employment Assurance Scheme which may have been replaced by a
Sampurna Gramin Yojana, Mid-day Meal Scheme, Integrated Child Development
Scheme, National Benefit Maternity Scheme for BPL pregnent women, National Old Age
Pension Scheme for destitute persons of over 65 years, Annapurna Scheme, Antyodaya
Anna Yojana, National Family Benefit Scheme and Public Distribution Scheme for BPL
& APL families. The Chief Secretaries of all the States & the Union Territories are
hereby directed to report to the Cabinet Secretary, with copy to the learned Attorney
General, within three weeks from today with regard to the implementation of all or any of
these Schemes with or without any modification and if all or any of the Schemes have not
been implemented then the reasons for the same.
3
M.S. swamithan, 'Pathway To Food Security For All' (The Hindu, 2010)
<http://www.thehindu.com/opinion/lead/Pathway-to-food-security-for-all/article16357216.ece> accessed 23 October
2017.
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issuing of cards, and commencement of distribution of 25 kgs. grain per family per month
latest by 1st January, 2002”.
India has the population of 1.3 billion, and has witnessed tremendous growth in last two
decades. GDP growth has increased 4.5 times and per capita income increased 3 times.
Similarly the food grain production has increased almost 2 times. However, despite
phenomenal industrial and economic growth and while India produces sufficient food to feed
its population, it is unable to provide access to food to a large number of people, especially
women and children.
According to FAO estimates in „The State of Food Security and Nutrition in the World,
2017” report, 190.7 million people are undernourished in India. By this measure 14.5% of the
population is undernourished in India. Also, 51.4% of women in reproductive age between 15
to 49 years are anaemic. Further according to the report 38.4% of the children aged under five
in India are stunted (too short for their age), while 21% suffer from wasting, meaning their
weight is too low for their height. Malnourished children have a higher risk of death from
common childhood illnesses such as diarrheal, pneumonia, and malaria. The Global Hunger
Index 2016 ranks India at 97 out of 118 countries on the basis of three leading indicators --
prevalence of wasting and stunting in children under 5 years, under 5 child mortality rate, and
the proportion of undernourished in the population.
On the other hand, it is estimated that nearly one third of the food produced in the world for
human consumption every year gets lost or wasted. 40 percent of the fruits and vegetables,
and 30 percent of cereals that are produced are lost due to inefficient supply chain
management and do not reach the consumer markets. While significant levels of food losses
occur upstream, at harvest and during post-harvest handling, a lot of food is lost or wasted
during the distribution and consumption stages. Some food is also wasted on the shelves and
in the warehouses of food businesses either due to excess production, introduction of new
products, labeling errors, or due to shorter remaining shelf life. Such food could be salvaged
by timely withdrawing it from the distribution network, aggregating it and then redirecting it
to the people in need.
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21.0% of children under 5 are underweight
1 in 4 children malnourished
3,000 children in India die every day from poor diet related illness
“Food insecurity per se, exists when all people, at all times, do not have physical and
economic access to the sufficient, safe and nutritious food to meet their dietary needs and
food preferences for an active and healthy life (Food and Agriculture Organisation, FAO,
1996)” 4 . The problem of food insecurity lower the ability of individual to work and
substantial productivity losses,with all this happening it will surely growth and development
of the economy of nation. In the precious two decades India had made a major development
in the field of agriculture production making India second highest producer in the world.
The critical indicators of health, including Infant Mortality Rate, maternal mortality ratio,
disease prevalence, and morbidity as well as mortality rates have shown consistent decline
over the years. India‟s life expectancy has improved and infant mortality, nearly halved in the
last fifty years
4
Upadhyay RP and Palanivel C, “Challenges in Achieving Food Security in India” (Iranian Journal of Public
HealthDecember 31, 2011) <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3481742/> accessed October 22,
2017
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government‟s development expenditure in the nineties, particularly in rural areas Following
the adoption of structural adjustment policies from the early 1990s, the focus was shifted on
expenditure reduction. This adversely affected the availability and expansion of irrigation
facilities, improvement in agricultural technology and overall food grain output. Lack of
education and job opportunities in rural areas have further added to the problems. Climate
change too, has an impact on the agricultural productivity, which affects the availability of
food items and thus, food security .The major problem of food in security in urban India is
the growth of population in slum area which lack the basic hygiene and health care facility
there has been a major increase in the migration from rural to urban India mainly in the form
of workforce . The migration of large chunk of people in urban slum area with limited
resources and lack of water and sanitation facilities, insufficient housing and increased food
insecurity . Another important point which might promote food insecurity is the dependence
of this labourer class on daily employment wages which tends to be variable on different days
of the month and thus the food procurement and access is also fluctuating. A striking issue is
that in India, all the privilege of the government schemes and programmes, aimed at helping
the urban slum people, is enjoyed only by those slums that are notified. Ironically, around 50
% of the urban slums are not notified and thus are deprived of the government schemes. In
spite of rapid economic growth since the early 1980s and 1990s, the access and absorption
indicators of urban food insecurity convey a notion that there has been relatively negligible
improvement in nutritional intake and deterioration in terms of food security.
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STEPS TAKEN TO TACKLE THE PROBLEM OF HUNGER AND FOOD
INSECURITY IN INDIA
In his latest budget speech, Finance Minister Pranab Mukherjee announced: “We are now
ready with the draft Food Security Bill which will be placed in the public domain very soon.”
Although no official draft has been made available as yet, several organisations and
individuals have questioned the adequacy of the steps proposed to be taken under the Act to
achieve the goal of a hunger-free India. Based on Article 21 of the Constitution, the Supreme
Court has regarded the right to food as a fundamental requirement for the right to life. Many
steps have been taken since Independence to adopt Mahatma Gandhi's advice for
an antyodaya approach to hunger elimination. In spite of numerous measures and
programmes, the number of undernourished persons has increased from about 210 million in
1990-92 to 252 million in 2004-06. India has about half the world's under-nourished children.
Also, there has been a general decline in per capita calorie consumption in recent decades.
Grain mountains and hungry millions continue to co-exist. Fortunately, we are moving away
from a patronage-based to a rights-based approach in areas relating to human development
and well-being. Acts relating to the Right to Information, Education, Land for Scheduled
Tribes and Forest Dwellers, and Rural Employment are examples. The Food Security Bill,
when enacted, will become the most important step taken since 1947 in addressing poverty-
induced endemic hunger in India. The impact of under-nutrition on health and productivity is
well known. Luckily, we are moving far from a support based to a rights-based approach in
zones identifying with human improvement and prosperity. Acts identifying with the Right to
Information, Education, Land for Scheduled Tribes and Forest Dwellers, and Rural
Employment are illustrations. The Food Security Bill, when sanctioned, will turn into the
most vital advance taken since 1947 in tending to neediness incited endemic yearning in
India. The effect of under-nourishment on wellbeing and profitability is outstanding.
Various projects have been presented by the Government of India every now and then to
enhance nourishing status. Under the Ministry of Women and Child Development these are
Integrated Child Development Services (ICDS), the Kishori Shakti Yojana, the Nutrition
Program for Adolescent Girls, and the Rajiv Gandhi Scheme for Empowerment of
Adolescent Girls. Under the Ministry of Human Resource Development come the Mid-day
Meals Program and the Sarva Siksha Abhiyan. The Ministry of Health and Family Welfare
has the National Rural Health Mission and the National Urban Health Mission. The Ministry
of Agriculture has approached with the Rashtriya Krishi Vikas Yojana, the National Food
Security Mission and the National Horticulture Mission. The Ministry of Rural Development
has started the Rajiv Gandhi Drinking Water Mission, the Total Sanitation Campaign, the
Swarna Jayanthi Gram Swarajgar Yojana, and the Mahatma Gandhi National Rural
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Employment Guarantee Program. The Ministry of Food has presented the Targeted Public
Distribution System, the Antyodaya Anna Yojana, and Annapoorna. 5
To guarantee sustenance security for all, we ought to be clear about the meaning of the issue,
the exact record of measuring sway and the guide to accomplish the objective. Today, the
discourse for the most part fixates on the meaning of neediness and strategies to distinguish
poor people. India has the most severely characterized neediness line on the planet and the
official approach gives off an impression of being to confine support to BPL families. The
quantity of BPL families ascertained (taking four people as the normal size of a family)
fluctuates from 9.25 crore (Suresh Tendulkar Committee) to 20 crore (Justice D.P. Wadhwa).
Sustenance security, as universally comprehended, includes physical, financial and social
access to an adjusted eating routine, safe drinking water, natural cleanliness and essential
human services. Such a definition will include simultaneous consideration regarding the
accessibility of sustenance in the market, the capacity to purchase required nourishment and
the ability to assimilate and use the nourishment in the body. Along these lines, nourishment
and non-sustenance factors (that is, drinking water, natural cleanliness and essential social
insurance) are engaged with nourishment security.
5
M.S. swamithan, 'Pathway To Food Security For All' (The Hindu, 2010)
<http://www.thehindu.com/opinion/lead/Pathway-to-food-security-for-all/article16357216.ece> accessed 23
October 2017.
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The National Food Security Bill ought to be structured to the point that it gives normal and
separated qualifications. The normal qualifications ought to be accessible to everybody.
These ought to incorporate an all inclusive open dispersion framework, clean drinking water,
sanitation, sterile toilets, and essential human services. The separated qualifications could be
limited to the individuals who are monetarily or physically impeded. Such families can be
given wheat or rice in the amount chose at Rs.3 a kg, as is being proposed. Indeed, even to
BPL families, the accessibility of shabby staple grain will just help address the issue of access
to sustenance at a reasonable cost, yet not financial access to an adjusted eating routine. At
the common cost of heartbeats, such families won't approach protein-rich nourishments.
Correspondingly, concealed appetite caused by the lack of miniaturized scale supplements,
for example, press, iodine, zinc, vitamin An and Vitamin B12 will continue. The inquiry at
that point is: the thing that would we like to accomplish from the Food Security Bill? Would
it be advisable for it to empower each youngster, lady and man to have an open door for a
sound and profitable life, or simply approach the calories required for presence? On the off
chance that the point is the last mentioned, the title "Nourishment Security Bill" will be
wrong.
What is attractive ought to likewise be implementable. The best test in actualizing the normal
and separated sustenance qualifications under the Bill will be the generation of sufficient
amounts of staple grain. The undiscovered generation store, even with the advancements now
on the rack, is high in inundated and rain-sustained cultivating frameworks. Multiplying the
generation of rice and wheat in eastern India and heartbeats and oilseeds in rain-encouraged
ranges is practical in this decade. The 2010-11 spending plan demonstrates measures to start
an "extension the yield hole development" in eastern India, and invigorate a heartbeats and
oilseeds unrest through the association of 60,000 Pulses and Oilseed Villages. Here,
simultaneous consideration will be given to preservation of soil and water, development of
the best accessible strains, utilization of nearby grain and trade at costs that are reasonable for
6 M.S. swamithan, 'Pathway To Food Security For All' (The Hindu, 2010)
<http://www.thehindu.com/opinion/lead/Pathway-to-food-security-for-all/article16357216.ece> accessed 23
October 2017.
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ranchers. National and State endeavors ought to be bolstered at the neighborhood body level
to fabricate a group sustenance security framework including seed, grain and water banks.
The National Commission on Farmers (2006), in its proposals on building a practical national
nourishment security framework, ascertained that around 60 million tons of foodgrains will
be expected to support an all inclusive PDS. The separated qualifications for BPL families for
foodgrains with ease will include just extra money use. Indeed, sustenance stocks with the
legislature may touch 60 million tons by June 2010.
CONCLUSION
The cases described throughout the Right to Food series have also clearly pointed to the
indivisibility of all human rights. All those suffering from the pangs of hunger are also being
denied other basic human rights, be they civil and political rights, or economic, social and
cultural rights. And in all the cases, these rights are not affected by natural causes or a lack of
resources, but rather by systemic negligence and ineffective distribution.
The right to food is one of the most basic human rights, closely linked to the right to life. No
government practice or action can be allowed to deny this right to people.
The right to food is implicitly recognized in such provisions as the right to life, the right to
health and the right to economic, social and cultural development, which are expressly
recognized under the Constitution of India. The right to food is inseparably linked to the
dignity of human beings and is therefore essential for the enjoyment and fulfillment of such
other rights as health, education, work and political participation.
BIBLIOGRAPHY
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Books-
Internet sources-
a. sharma preeti, “Analysis on Right to Food and Development in India”
<http://www.preservearticles.com/2012010920346/analysis-on-right-to-food-and-
development-in
M.S. swamithan, 'Pathway To Food Security For All' (The Hindu, 2010)
<http://www.thehindu.com/opinion/lead/Pathway-to-food-security-for-all/article16357216.ece>
accessed 23 October 2017
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