RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY

ACADEMIC YEAR 2017-18

FINAL DRAFT OF RESEARCH PAPER

TOPIC –The law on “right to food” in India : evaluating the ground reality

Submitted To: Submitted By:

Dr. Shashank Shekhar Vipin dwivedi

Assistant Professor 1st Semester, 1st Year

Dr. RMLNLU, Lucknow B.A. LLB (Hons.)

Dr. RMLNLU, Lucknow

Roll No – 161

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 ACKNOWLEDGEMENT

Firstly I would convey my gratitude to Mr Shashank Shekhar, who provided me this

opportunity to work on such an important judgement. His lucid notes provided much
assistance in this case analysis. I would also like to thank Dr C.M. Jariwala, Dean
Academics for bringing further clarity to basic concepts through PowerPoint presentations
and his other innovative methods.

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

HISTORICAL BACKGROUND WHICH LEAD TO NATIONAL AND INTERNATIONAL

RECOGNITION TO RIGHT TO FOOD...........................................................................6-7

WHAT IS “RIGHT TO FOOD” IN INDIA AND IT‟S PLACE IN INDIAN

CONSTITUTION..................................................................................................................7-8

SUPREME COURT VIEW ON THE RIGHT TO FOOD....................................................8-9

HUNGER IN INDIA AND GROUND REALITY .............................................................. 9

PROBLEM OF FOOD INSECURITY IN INDIA..................................................................10

REASON FOR EXITANCE OF HUNGER AND FOOD INSECURITY IN

INDIA................................................................................................................................11-12

STEPS TAKEN TO TACKLE PROBLEM OF HUNGER AND FOOD INSECURITY IN

INDIA ............................................................................................................13-15

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

4
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.

Article 47 which forms a part of the Directive

Principles of State Policy (hereinafter referred to as the DPSP)of the Constitution is
unambiguous: 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… The
Indian judiciary, especially the Supreme Court, has on many occasions reaffirmed that the
right to life enshrined in Article 21 means something more than animal instinct and includes
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the right to live with dignity; it would include all these aspects which make life meaningful,
complete and living . Justifiability is essential for the implementation of the right to food to
enable people to seek a remedy and accountability if their right to food is violated. Today the
right to food is indeed justifiable and can be adjudicated by a court of law but
notwithstanding these encouraging developments at the national and international levels, a
great deal remains to be done to ensure the justifiability of the right to food.

HISTORICAL BACKGROUND WHICH LEAD TO NATIONAL AND

INTERNATIONAL RECOGNITION TO RIGHT TO FOOD
The historical and political background of the Right to Food (hereinafter also referred to as
RTF) is much more than the history and politics of malnutrition. . It concerns the
development of the notion of access to food as a right. As a right it sets obligations on the
State, which have been established as enforceable through centuries of social struggle for a
democratic state in the service of the people. Traditionally, people had no remedy other than
revolt against a king or state that failed to meet its obligations. The idea of the human right to
food is to establish procedural and legal means for seeking remedies against authorities when
they fail to guarantee access to food. Right to food has been playing a pioneering role in the
renaissance of Economic and Social Rights during the past two decades. This was the first of
the Economic Social and Cultural Rights (hereinafter referred to as ESCR) rights to be
studied by the United Nations Human Rights System.

What led to the starting point for a series of

investigations into the rights contained in the International Covenant on Economic Social and
Cultural Rights (hereinafter referred to as the ICESCR) was a report titled The Right to Food
as a Human Right in 1987. The real fight for right to food in the contest of economical and
political background much more then the history and politics of malnutrition, It concerns the
development of the notion of access to food as a right. Hunger is primarily a problem of
general poverty, and thus overall economic growth and its distributional pattern cannot but be
important in solving the hunger problem. Now talking things in the national contest after over
60 years independence has seen immense growth and development India as a developing
nation has achieved several milestones for the promotion of social welfare. Inspire of
reaching great heights the nation faces the basic hurdle of providing the very necessities of
life to its citizens. Despite the various promises of equality and justice provided under the
Constitution either in form of Directive Principles of the State Policy or the Fundamental
Rights provided to the Citizens, the country has failed to take care of the basic right to food
of its millions of citizens. The right to food is among the basic economic and social rights that
were meant to lay the foundations for participatory democracy in India. This connection,
however, has been largely ignored in public policy since independence. Endemic hunger has
been passively tolerated, and is barely noticed in public debates and democratic politics.

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

WHAT IS “RIGHT TO FOOD” IN INDIA AND IT’S PLACE IN INDIAN

CONSTITUTION

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.

Indian Constitution Part IV: Directive Principles

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

SUPREME COURT VIEW ON THE RIGHT TO FOOD

On April 16, 2001, the PUCL submitted a “writ petition” to the Supreme Court of India
asking three major questions:
1. Starvation deaths have become a National Phenomenon while there is a surplus stock of
food grains in government god owns. Does the right to life mean that people who are
Starving and who are too poor to buy food grains free of cost by the State from the
Surplus stock lying with the State particularly when it is lying unused and rotting?

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.

All state governments were directed to take their “entire

allotment of foodgrains from the Central Government under the various Schemes and
disburse the same in accordance with the Schemes”. Further, the court required that “the
Food for Work Programme in the scarcity areas should also be implemented by the various
States to the extent possible”. On November 28, 2001, the court issued directions to eight of
the major schemes, calling on them to identify the needy and to provide them with grain and
other services by early 2002. For example, for the Targeted Public Distribution Scheme, “The
States are directed to complete the identification of BPL (below poverty level) families,

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”.

HUNGER IN INDIA AND GROUND REALITY

Hunger in our nation

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.

State of hunger in India

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.

Food Loss & Food Waste

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.

SOME OF THE IMPORTANT STATISTICIS IN INDIAN CONTEXT

Largest India is home to the largest undernourished population in the world

14.5% of our population is undernourished

190.7million people go hungry everyday

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21.0% of children under 5 are underweight

38.4% of children under 5 years of age are stunted

1 in 4 children malnourished

3,000 children in India die every day from poor diet related illness

24% of under-five deaths in India

30% of neo-natal deaths in India

PROBLEM OF FOOD INSECURITY IN INDIA

“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

REASON FOR EXITANCE OF HUNGER AND FOOD INSECURITY IN

INDIA

In rural and urban india

This is mainly due to lack of improvement in agricultural productivity owing to inadequate

resources and markets needed to obtain agricultural stability. An agrarian crisis is currently
being unleashed in India and it has a variety of causes, the prominent being the huge cut in

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

11
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.

Faulty food distribution system

Inadequate distribution of food through public distribution mechanisms (PDS i.e. Public
Distribution System) is also a reason for growing food insecurity in the country. The
Targeted Public Distribution System (TPDS) has the disadvantage in the sense that those
people who are the right candidates for deserving the subsidy are excluded on the basis of
non-ownership of below poverty line (BPL) status, as the criterion for identifying a
household as BPL is arbitrary and varies from state to state. The often inaccurate
classification as above poverty line (APL) and below poverty line (BPL) categories had
resulted in a big decline in the off take of food grains. Besides this, low quality of grains and
the poor service at PDS shops has further added to the problem.
Unmonitored nutrition programmes
Although a number of programmes with improving nutrition as their main component are
planned in the country but these are not properly implemented. For instance, a number of
states have yet to introduce the Mid Day Meal Scheme (MDMS). In states such as Bihar and
Orissa where the poverty ratio is very high, poor implementation of nutritional programmes
that have proven effectiveness has a significant impact on food security
Lack of intersectoral coordination
Lack of coherent food and nutrition policies along with the absence of intersectoral
coordination between various ministries of government such as Ministry of Women and
Child Health, Ministry of Health and Family Welfare, Ministry of Agriculture, Ministry of
Finance etc have added to the problem.

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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

13
Employment Guarantee Program. The Ministry of Food has presented the Targeted Public
Distribution System, the Antyodaya Anna Yojana, and Annapoorna. 5

Notwithstanding such a noteworthy rundown, the circumstance in the field of youngster

nourishment stays distressing. The level of youngsters underneath five years old who are
underweight is currently 42.5 for every penny. The level of youngsters underneath three years
who are undernourished is 40 for every penny.

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.

Notwithstanding the Central government plans managing nourishment bolster, drinking

water, sanitation and social insurance, most State governments have plans, for example,
stretching out help to moms to sustain babies with moms' drain for at any rate the initial a
half year. Tamil Nadu and Kerala have widespread PDS. Lamentably, the administration of
the conveyance of such projects is divided; a "convey as one" approach is absent. An
existence cycle approach beginning with pregnant ladies and completion with old and sick
people is inadequate in the advancement and conveyance of sustenance bolster programs.
India's unenviable status in the field of nourishment is to a great extent a direct result of the
nonattendance of a decent administration framework that can gauge cost and yield in an
impartial way. Along these lines, more than new plans the administration of existing plans
needs consideration.

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.

14
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.

Brazil's "Zero Hunger" program takes an all encompassing perspective of nourishment

security. The measures incorporate strides to upgrade the profitability of little property and
the utilization limit of poor people. Our ranchers will create increasingly on the off chance
that we can buy more. Accentuation on agrarian generation, especially little homestead
efficiency, will as a solitary advance make the biggest commitment to destitution annihilation
and yearning disposal. While all inclusive PDS ought to be a legitimate qualification, the
other regular privileges could be shown in the Bill with the end goal of observing and
coordinated conveyance. This will help cultivate a "convey as one" approach. The association
of gram sabhas and nagarpalikas in checking conveyance frameworks will enhance
productivity and control debasement. 6

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.

Therefore, We as responsible and enlightened citizens should pressurize our government to

enforce the Right to Food, which is one of the most basic Human rights. It is the duty of the
state, as a welfare state, to ensure adequate food and nutrition for its people. There is a saying
in Awadhi that Bhukhe Pet Bhaje Na Gopala which means that hungry stomachs can't even
worship properly let alone achieving other feats in life. Our government should first ensure
food for all , then only the people of this country would be able to contribute to the progress
and development of the nation, thereby making our country a better place to live in.

BIBLIOGRAPHY

All India Reporter

Newspapers:The Hindu and The Times of India

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Books-

a. AGRAWAL, S K : Geo-Ecology of malnutrition, 1986(SCJL)

b. ALAM, Muktar, MAHESHWARAN, G & Ors.: Right to food campaign: A

training manual. (Indian Social Institute, New Delhi, 2003) (DELNET)
ALSTON, P & TOMASEVSKI, K Ed: Right to food. (Martinus Nijhoff
Pub., Utrecht, 1984)

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

b. “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

c. 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

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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