Right to Food in India

Shailendra Kumar

India is a democratic country and every citizen has constitutional right. If we look the
jurisprudential context we find that people are borne independent but for their security they
constituted administrative setup. In pursuance of smooth governance they give up certain
right to the state known as a ‘sovereign’. The sovereign is obligated to protect their citizens
from invaders and criminal & crime. Now situation has changed and state becomes welfare
state and state has obligation to fulfil basic need of their citizens. Food is the basic necessity
of every human. I will focus in this paper Right to food as a basic human right further I will
discuss its legal basis under national and international context.
My question is here that why ‘right to food’ should be recognised as fundamental right.
In the first section I will discuss Indian legal position and legal frame work and second
section I will discuss international legal frame work and third section give my conclusion.

Constitution of India and Right to Food

Article 21 of the Constitution of India guarantees a fundamental right to life and personal
liberty1. The expression ‘Life’ in Article 21 has been judicially interpreted as a life with
human dignity and not mere survival or as animal existence. The State has obligation to
provide all minimum requirements which must be satisfied in order to enable a person to live
with human dignity, such as education, health care, just and humane conditions of work,
protection against exploitation. The Right to Food is inherent to a life with dignity, and
Article 21 should be read with Articles 39(a) and 47 to understand the nature of the obligation
of the State in order to ensure the effective realization of Right to food2. Article 39(a) of the
Constitution pronounces as one of the Directive Principles, these must fundamental in the
governance of the country. Directives Principals of State policy requires to the State to direct
its policy towards securing that the citizens, men and women equally, have the right to an
adequate means of livelihood. Article 47 spells out the duty of the State to raise the level of
nutrition and the standard of living of its people as a primary responsibility. The citizen’s
right to be free from hunger enshrined in Article 21 is to be ensured by fulfilment of the
obligation of the States that set out in Articles 39(a) and 47. Article 21 with Articles 39(a)
and 47 places the issue of food security in the correct perspective, thus making the Right to

PhD Scholar at West Bengal National University Of Juridical Sciences, Kolkata

1
Singh M.P constitution of India EBC Ed 2008
2
Ibid.
Food a guaranteed Fundamental Right which is enforceable by virtue of the constitutional
remedy provided under Article 32 of the Constitution.

Constitution of India

Article 21: “No person shall be deprived of his life or personal liberty except according to
procedure established by law3.
Article 39(a): “The State shall… direct its policy towards securing that the citizen, men and
women equally, have the right to an adequate means of livelihood.4
Article 47: “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 duties5.
Article 32(1): “The right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this Part is guaranteed.6

Supreme Court in many cases held that Right to Life included Right to Food.
In the matter of Francis Coralie v. Administrator, Union Territory of Delhi7 the Supreme
Court observed: We think that the right to life includes the right to live with human dignity
and all that goes along with it, namely, the bare necessaries of life such as adequate nutrition,
clothing and shelter and facilities for reading, writing and expressing one-self in diverse
forms, freely moving about and mixing and commingling with fellow human beings. Of
course, the magnitude and content of the components of this right would depend upon the
extent of the economic development of the country, but it must, in any view of the matter,
include the right to the basic necessities of life and also the right to carry on such functions
and activities as constitute the bare minimum expression of the human-self.

Supreme Court in the matter of People union for Democratic right8 held that “the national
charter, its fundamental document has promised to build a new socialist republic where there
will be socio-economic justice for all and every one shall have the right to work, to education

3
the constitution of India government of India, ministry of law and justice 2007
4
Ibid.
5
Ibid.
6
Ibid.
7 1981 1 SCC 608

8
AIR1982SC1473
and to adequate means of livelihood. The Constitution makers have given us one of the most
remarkable documents in history for ushering in a new socio-economic order”.9
Shantistar Builders v. Narayan Khimalal Totame 10 the Supreme Court stated: "The right to
life is guaranteed in any civilized society. That would take within its sweep the right to
food…"

Charan lal shhu v. UOI, AIR1990SC1480 ,, Supreme Court said that “The right to life
guaranteed by Article 21 must be interpreted to mean all that makes life worthy, life in all its
fullness. It includes the right to livelihood. The right to life includes the right to protection of
limb against mutilation and physical injuries, and does not mean merely the right to breathe
but also includes the right to livelihood11.

In the matter of Chmeli Singh v. State of U.P 12

held that “In any organised society, right to
live as a human being is not ensured by meeting only the animal needs of man. It is secured
only when he is assured of all facilities to develop himself and is freed from restrictions
which inhibit his growth. All human rights are designed to achieve this object. Right to life
guaranteed in any Civilised society implies the right to food, water, decent environment
education, medical care and shelter. These are basic human rights known to any civilised
society”

“Article 39(a) of the Constitution, which is a Directive Principle of State Policy, provides that
the State shall, in particular, direct its policy towards securing that the citizens, men and
women equally, have the right to an adequate means of livelihood. Article 4113, which is
another Directive Principle, provides, inter alia, that the State shall, within the limits of its
economic capacity and development, make effective provision for securing the right to work
in cases of unemployment and of undeserved want. Article 37 provides that the Directive
Principles, though not enforceable by any court, are nevertheless fundamental in the
governance of the country. The principles contained in Articles 39(a) and 41 must be
regarded as equally fundamental in the understanding and interpretation of the meaning and
content of fundamental rights. If there is an obligation upon the State to secure to the citizens

9
PUDR v. UOI AIR 1982SC1473 par 20
10
1990 1 SCC 520,
11 Charan lal shhu v. UOI, AIR1990SC1480
12
AIR 1996 SC1051 Para 3
13
See. supra. n 1
an adequate means of livelihood and the right to work, it would be sheer pedantry to exclude
the right to life. The State may not, by affirmative action, be compellable to provide adequate
means of livelihood or work to the citizens. But, any person, who is deprived of his right to
livelihood except according to just and fair procedure established by law, can challenge the
deprivation as offending the right to life conferred by Article 21’14.

In a welfare state the primary duty of the Government is to secure the welfare of the people.
Article 21 imposes an obligation on the State to safeguard the right to life of every person.
Preservation of Human life is thus of paramount importance. The State cannot avoid their
constitutional obligations in that regard on account of financial constraints.15

In any organised society, the right to live as a human being is not ensured by meeting only
the basic needs of man. It is secured only when a man is assured of all facilities to develop
himself and is freed from all those restrictions that inhibit his growth. All human rights are
designed to achieve this object. The Right to Life guaranteed in any civilised society implies
the right to food, water, shelter, education, medical care and a decent environment. These are
basic human rights known to any civilised society. The civil, political, social and cultural
rights enshrined in the Universal Declaration of Human Rights and Convention or under the
Constitution of India cannot be exercised without these basic human rights’ 16

Right to Food under international Convention

 The Universal Declaration of Human Rights 1948

The right to food is recognized internationally. The Universal Declaration of Human Rights
194817 adopted By the United Nation in 1948. In this instrument Article 25 say
Everyone has the right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, and housing and medical care and
necessary social services, and the right to security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of livelihood in circumstances beyond his
control.”18

14 J.P.,unikrishnan v. UOI AIR1993SC2178

15 Paschim Bangal Khet Mazdoor Samiti v. State of West Bengal 1996 4 SCC 37
16 Chameli Singh v State of UP 1996, 2 SCC 549
17
http://www.jus.uio.no/lm/un.universal.declaration.of.human.rights.1948/portrait.a4.pdf visited 15.3.2011
18
The Universal Declaration of Human Rights -:1948
  The International Covenant on Economic, Social and Cultural Rights (1966)
International Covenant on Economic, Social and Cultural Rights was adopted by the United
Nation in the 196619 and under this treaty, United Notation has recognized several economic,
social and cultural human rights, among which the right to food, the right to health, the right
to education, the right to adequate housing and the right to work under Article-11 of
Convention.
Article 11

1. The States Parties to the present Covenant recognize the right of everyone to an
adequate standard of living for himself and his family, including adequate food,
clothing and housing, and to the continuous improvement of living conditions. The
States Parties will take appropriate steps to ensure the realization of this right,
recognizing to this effect the essential importance of international cooperation based
on free consent.
2. The States Parties to the present Covenant, recognizing the fundamental right of
everyone to be free from hunger, shall take, individually and through international co-
operation, the measures, including specific programmes, which are needed:

a. To improve methods of production, conservation and distribution of food by making

full use of technical and scientific knowledge, by disseminating knowledge of the
principles of nutrition and by developing or reforming agrarian systems in such a way
as to achieve the most efficient development and utilization of natural resources;

b. Taking into account the problems of both food-importing and food-exporting

countries, to ensure an equitable distribution of world food supplies in relation to
need.
International Covenant on Economic, Social and Political Rights that is legally binding for all
States party who have rectified the convention.

 Convention on the Elimination of All Forms of Discrimination against Women

1979

19
http://www2.ohchr.org/english/law/pdf/cescr.pdf visited 15.3.2011
The right to food has been also recognized Under the Convention on the Elimination of All
Forms of Discrimination against Women the Convention20 under Article 12 specifically say
that
1. States Parties shall take all appropriate measures to eliminate discrimination against
women in the field of health care in order to ensure, on a basis of equality of men and
women, access to health care services, including those related to family planning.
2. Notwithstanding the provisions of paragraph I of this article, States Parties shall
ensure to women appropriate services in connection with pregnancy, confinement and
the post-natal period, granting free services where necessary, as well as adequate
nutrition during pregnancy and lactation.

 Convention of the Rights of the Child 1989.

Convention of the right of the child21 also recognise right to food for the children Articles 24
and 27 clearly stated that
Article 24
1. States Parties recognize the right of the child to the enjoyment of the highest
attainable standard of health and to facilities for the treatment of illness and
rehabilitation of health. States Parties shall strive to ensure that no child is deprived
of his or her right of access to such health care services.
2. States Parties shall pursue full implementation of this right and, in particular, shall
take appropriate measures:
a. To diminish infant and child mortality;
b. To ensure the provision of necessary medical assistance and health care to all
children with emphasis on the development of primary health care;
c. To combat disease and malnutrition, including within the framework of primary
health care, through, inter alia, the application of readily available technology and
through the provision of adequate nutritious foods and clean drinking-water,
taking into consideration the dangers and risks of environmental pollution;
d. To ensure appropriate pre-natal and post-natal health care for mothers;
e. To ensure that all segments of society, in particular parents and children, are
informed, have access to education and are supported in the use of basic

20
U.N. General Assembly resolution 34/180 of 18 December 1979
21
U.N General Assembly resolution 44/25 of 20 November 1989
 knowledge of child health and nutrition, the advantages of breastfeeding, hygiene
and environmental sanitation and the prevention of accidents;
f. To develop preventive health care, guidance for parents and family planning
education and services.
3. States Parties shall take all effective and appropriate measures with a view to
abolishing traditional practices prejudicial to the health of children.
4. States Parties undertake to promote and encourage international co-operation with a
view to achieving progressively the full realization of the right recognized in the
present article. In this regard, particular account shall be taken of the needs of
developing countries..

Article 27
1. States Parties recognize the right of every child to a standard of living adequate for
the child's physical, mental, spiritual, moral and social development.
2. The parent(s) or others responsible for the child have the primary responsibility to
secure, within their abilities and financial capacities, the conditions of living
necessary for the child's development.
3. States Parties, in accordance with national conditions and within their means, shall
take appropriate measures to assist parents and others responsible for the child to
implement this right and shall in case of need provide material assistance and support
programmes, particularly with regard to nutrition, clothing and housing.
4. States Parties shall take all appropriate measures to secure the recovery of
maintenance for the child from the parents or other persons having financial
responsibility for the child, both within the State Party and from abroad. In particular,
where the person having financial responsibility for the child lives in a State different
from that of the child, States Parties shall promote the accession to international
agreements or the conclusion of such agreements, as well as the making of other
appropriate arrangements

The International Covenants adopted by the United Nations and India is a signatory of the
major convention and that deals with the issue of the right to food are mention above and
furthermore The international understanding of what constitutes “food security” is elaborated
in the Plan of Action of the World Food Summit (1996), which states that: “Food security, at
the individual, household, national, regional and global levels is achieved when all people, at
all times, have physical and economic access to sufficient, safe and nutritious food to meet
their dietary needs and food preferences for an active and healthy life”.22

The Council of Food and Agricultural Organisation (FAO) of the United Nations, where
India is also a signatory nation, defined the right to food (2004) as “the right of everyone to
have physical and economic access at all times to adequate food or means for its
procurement”23.

The UN Special Reporter on the Right to Food has define the right to food as follows: “The
right to have regular, permanent and free access, either directly or by means of financial
purchases, to quantitatively and qualitatively adequate and sufficient food corresponding to
the cultural traditions of the people to which the consumer belongs, and which ensures the
physical and mental, individual or collective, fulfilling and dignified life free of fear”24

It is not just the National legal framework in the country that binds Government to
obligations on the right to food, but also a range of international covenants and related
instruments which the India has signed. Special report of commission on human right
submitted his report in 2005 and pointed out these findings

 Nearly 2 million Indian children die every year as a result of serious malnutrition and
preventable diseases. Nearly half suffer from moderate or severe malnutrition, with 47
per cent of children underweight and 46 per cent stunted in their growth. This is one
of the highest levels of child malnutrition in the world, higher than most countries in
Sub-Saharan Africa. Malnutrition is most severe amongst children in rural areas but is
also high in urban areas. Nearly a third of children (30 per cent) are born underweight,
which means that their mothers are themselves underweight and undernourished.
Malnutrition also increases during early childhood.25

 The majority of the Indian population are still poor, with 25 per cent living below the
national poverty line and 80 per cent living on less than US$ 2 per day, which means

22
http://www.righttofood.org/index.html visited on 15.3.2011
23
http://www.fao.org/documents/en/docrep.jsp visited on 15.3.2011
24
http://www.righttofood.org/new/PDF/CHR2008.pdf visited on 15.3.2011
25
COMMISSION ON HUMAN RIGHTS, special report on right to food, mission to India Para 7
 that many people simply cannot afford adequate food to sustain a healthy and
productive life.26

India has recognising right to food and for the adequate distribution of the food parliament
has drafted the National Food Securities Bill 2010. If this bill passed and execute properly,
people who are not getting adequate food, will be benefit from it.

NATIONAL FOOD SECURITY Act 2013

Section 3 of the Act provide assured Food Security to identified families under the Act and
it say that
‘Every identified BPL family within the number fixed under section 4(2) of the Act will be
entitled to receive every month from the Government 25 kg food grains such as rice and / or
wheat at subsidized issue prices fixed from time to time in a manner as may be provided
under the Rules’27
Furthermore Central government issue such guideline for identification of beneficiaries of the
Act.28 Act also provide Food Security Allowance, the amount of money to be paid by the
concerned State Government to identified families who could not be supplied entitled
quantity of food grains under the provisions of Act29.
But this draft Act has not resolved the hunger issue because there are lot of people who
migrate from one place to another place and they do not have Ration Card the document by
which they recognise as beneficiaries under Act and Ration card are issued by State
Governments. Usually ration card of one state does not entitle someone to get benefit in the
other State.
Conclusion
India has strong constitutional legal framework and international binding convention, these
are the legal binding by the nature and court have also interpreting constitution time to time
that support right to food which encompass within Right to life. In my opinion even
parliament has passed Food securities Act 2013, there is still death from hunger is continue
and it will be remain prevalent unless there is no effective mechanism to implement food

26
Ibid. para 8
27
Section 3 of NATIONAL FOOD SECURITY BILL, 2010

28
Ibid. Section 4(2)
29
See. Supra. n 25
security Act, Because Public Distribution System (PDS) has been failed and it is known for
black marketing and unaccountable system of food distribution. Even SC has recited that
PDS system must be make accountable and system should be transparent so that
Constitutional as well as international human right of Right to Food can be realised in true
senses not only as a black latter of law.