RIGHT TO FOOD AND THE ROLE OF

STATE IN INDIA: ISSUES AND

CHALLENGES
A
DISSERTATION SUBMITTED TO THE KURUKSHETRA
UNIVERSITY, KURUKSHETRA IN PARTIAL
FULFILMENT OF THE REQUIREMENT FOR THE DEGREE
OF
MASTER OF LAWS (LL.M.)

Under the supervision of: Submitted by:

Mr. Shubham Mehta SHIVANI GOEL
Assistant Professor Rollno-210043040
Reg. No.: 16-GTLP-118

KURUKSHETRA UNIVERSITY, KURUKSHETRA

HARYANA-136119

i
ii
 SUPERVISOR’S CERTIFICATE
It gives me pleasure to certify that Miss. Shivani Goel, Reg. No. 16-GTLP-118, session
2021-2023 has completed her dissertation entitled “Right to Food and The Role of
State in India: Issues and Challenges” as Partial fulfilment of the Requirement of
Master of Laws Degree of Kurukshetra University, Kurukshetra under my Supervision.
The Dissertation is fit for submission and evaluation for the above purpose.

Mr. Shubham Mehta

SUPERVISOR & GUIDE
Assistant Professor
Geeta Institute of Law, Panipat

iii
 CERTIFICATE
This is to certify that Miss. Shivani Goel a student of LL.M. (4th Semester)
Reg. No: 16-GTLP-118Session 2021-2023 has completed her dissertation
“Right to Food and The Role of State in India: Issues and Challenges” under
my supervision and guidance. This work meets the requirement laid down by
Kurukshetra University, Kurukshetra for awarding the Degree of Masters of
Laws (LL.M.).

Mr. Shubham Mehta

SUPERVISOR & GUIDE
Assistant Professor
Geeta Institute of Law, Panipat

iv
 DECLARATION
I, “Shivani Goel” a student of LL.M of Geeta Institute of Law, Panipat with
“Reg. No: 16-GTLP-118” do hereby declare that this dissertation is an original
work of mine and is result of my own intellectual efforts. I have quoted titles of
all original sources i.e., original documents and name of authors whose work
has helped me in writing the dissertation have been placed at appropriate
places. I have tried my best not to infringe copy rights of any other author. It is
also further certified that it has not been submitted either in part or in full
anywhere else for any purpose academic or otherwise.

Place:
Date: Shivani Goel
LL.M (4th Sem)
Roll No. 210043040

v
 ACKNOWLEDGEMENT

I am very grateful to all the people, who gave me their humble and great
support to develop this legal research writing on the subject, “Right to Food
and The Role of State in India: Issues and Challenges” which not only
enhanced my knowledge & senses to perceive different things but also gave an
opportunity to research on a topic which is so gravely in the lime light and the
cause of wild fire in the mind of various legal luminary as they are in the dire
need to enact a mechanism for the appointment of judges which is free from all
ambiguities.

I am heartily thankful to my supervisor, Mr. Shubham Mehta (Assistant

Professor) whose encouragement, guidance and support kept me highly
motivated from the initial to final steps towards completing this legal research
writing and enabled me to develop a better sympathetic towards the
comparative analysis in context to the constitutional law.

Lastly, I would like to offer my heartiest regards to all those who incidentally
or coincidentally supported me in any respect during the completion of the
legal research writing.

Shivani Goel
LL.M. (4th Sem.)

vi
 PREFACE

The right to food is a fundamental human right recognized internationally and

by several countries, including India. It encompasses the right of every
individual to have access to adequate and nutritious food for a healthy and
fulfilling life. In India, the right to food is crucial due to the significant
population facing food insecurity and malnutrition.

The role of the state in ensuring the right to food in India is essential. The state
has the responsibility to create and implement policies, programs, and
interventions that aim to eradicate hunger, poverty, and malnutrition. This
involves addressing various issues and challenges that hinder the effective
realization of the right to food.

One of the significant challenges in India is the prevalence of poverty and

inequality. Poverty eradication efforts and socio-economic development are
essential to uplift vulnerable populations and ensure their access to food.
Addressing income disparities, providing employment opportunities, and
promoting inclusive growth are crucial in this regard.

Another challenge is the lack of adequate infrastructure and resources for

agricultural development. Enhancing agricultural productivity, providing
irrigation facilities, promoting sustainable farming practices, and improving
storage and transportation facilities are crucial for ensuring food availability
and reducing post-harvest losses.

Food distribution and accessibility are also significant concerns. Effective

public distribution systems (PDS) and other social safety nets must be in place
to ensure the equitable distribution of food to all sections of society, especially
the marginalized and vulnerable populations. Strengthening the PDS, reducing
leakages, and promoting innovative delivery mechanisms can enhance access
to food for those in need.

Additionally, addressing nutritional deficiencies and promoting dietary

diversity is vital. Malnutrition, including undernutrition and micronutrient
deficiencies, is a significant challenge in India. The state must focus on

vii
improving nutrition through programs such as Integrated Child Development
Services (ICDS), mid-day meal schemes, and nutrition supplementation
programs.

Furthermore, effective governance and monitoring mechanisms are necessary

to ensure the implementation and accountability of food-related policies and
programs. Transparency, citizen participation, and the use of technology can
strengthen the state's role in addressing challenges and ensuring the right to
food for all.

In conclusion, the right to food and the role of the state in India face numerous
issues and challenges. Poverty, agricultural development, food distribution,
nutrition, and governance are key areas that require attention. By addressing
these challenges and implementing comprehensive strategies, India can work
towards realizing the right to food and improving the overall well-being of its
population.

viii
 TABLE OF CONTENT
SUPERVISOR’S CERTIFICATE........................................................................................iii

CERTIFICATE.......................................................................................................................iv

DECLARATION......................................................................................................................v

ACKNOWLEDGEMENT......................................................................................................vi

PREFACE...............................................................................................................................vii

LIST OF ABBREVATIONS..................................................................................................xi

LIST OF CASES....................................................................................................................xii

CHAPTER 1: INTRODUCTION...........................................................................................1

1.1 Introduction........................................................................................................................1

1.2 Definitions of Food Security..............................................................................................4

1.3 Dimensions of Food Security.............................................................................................5

1.4 Literature review................................................................................................................9

1.5 Research Objectives.........................................................................................................10

1.6 Hypothesis.........................................................................................................................11

1.7 Research questions...........................................................................................................11

1.8 Methodology.....................................................................................................................11

CHAPTER 2: HISTORICAL PERSPECTIVE OF FOOD SECURITY..........................14

2.1 Introduction......................................................................................................................14

2.2 Evolution of Food Security..............................................................................................18

CHAPTER 3:..........................................................................................................................37

LEGAL REGIME FOR FOOD SECURITY......................................................................37

3.1 Introduction......................................................................................................................37

3.2 The International Legal Regime for Food Security......................................................41

3.3 Legal Regime for Food Security in India.......................................................................46

3.3.1 The Right to Life and Food Security........................................................................................49

3.3.2 Human Rights Based Approach to Constitutional Interpretation............................................50

ix
 3.3.3. Constitutional Interpretation to Bypass Legislative Action....................................................51
3.3.4 Directives Principles of State Policy to Ensure Food Security.................................................51
3.3.5 Panchayat: The Most Powerful Constitutional Apparatus to Ensure Food Security...............52
3.3.6 Democratic Control of the Food System: A Constitutional Mandate......................................52
3.3.7 Legal Framework for Food Security in India............................................................................53
3.4 Role of Central-State Governments in providing Food Security.................................53

3.5 The Right to Livelihood and the Mahatma Gandhi National Rural Employment
Guarantee Act, 2005...............................................................................................................54

3.6 Food Entitlements Act, 2009...........................................................................................55

3.7 The Essential Commodities Act, 1955............................................................................56

CHAPTER 4...........................................................................................................................58

NATIONAL FOOD SECURITY ACT, 2013: PROBLEMS AND ISSUES.....................58

4.1 Introduction......................................................................................................................58

4.2 National Food Security Act: Main Issues.......................................................................58

4.2.1 Rationale.................................................................................................................................58
4.2.2 Salient Features of National Food Security Act.......................................................................59
4.2.3 Modus Operandi.....................................................................................................................61
4.2.4 Contentious Issues in the Act..................................................................................................62
4.2.5 Operational Challenges...........................................................................................................66
4.2.6 Production......................................................................................................................67

4.3 Financial Challenges........................................................................................................69

4.4 Financial obligations under National Food Security Act.............................................69

CHAPTER 5...........................................................................................................................71

CONCLUSION AND SUGGESTION..................................................................................71

5.1 conclusion..........................................................................................................................71

5.2 Suggestions................................................................................................................................82

x
 LIST OF ABBREVATIONS

 AIR - All India Report

 Bom. - Bombay

 Cal. - Calcutta

 Cr.P.C. - Code of Criminal procedure

 DPSP - Directive Principle of State Policy

 FIR - First Information Report

 HC - High Court

 Ibid - Ibidam, in the Same Place of Work

 IPC - Indian Panel Code

 Ker. - Kerala

 Ori. - Orissa

 SC - Supreme Court

 SCC - Supreme Court Cases

 SCR - Supreme Court Report

 SLP - Special Leave Petition

 UCC - Uniform Civil Code

 UDHR - Universal Declaration of Human Right

 UOI - Union of India

xi
 LIST OF CASES
 People's Union for Civil Liberties v. Union of India and Others, PUCL Petition (Civil)

No. 196/2001. (PUCL).

 Dena Nath v. National Fertilisers Ltd., (1991), writ petition No. 8872 of 1989

 Shantistar Builders v. Narayan Khimalal Tomate, (1990) 1 SCC 520.

 Apparel Export Promotion Council v. A.K. Chopra,

 Maneka Gandhi v. Union of India

 Olga Tellis V. Bombay Municipal Corporation

 Chameli Singh v. State of UP

 Union for Civil Liberties v. Union of India and Others, AIR 1997 SC 568.

 Dena Nath v. National Fertilisers Ltd. (1991), writ petition No. 8872 of 1989.

 Shantistar Builders v. Narayan Khimalal Tomate, (1990) 1 SCC 520.

 Dr. Shyam Kumar v. Rameshbhai Harmanbhai Kachhiya, I (2006) CPJ 16 (NC)

 Essar Oil Ltd v. Halar Utkarsh Samiti, (2004) 2 SCC 392

 Gazula Dasaratha Rama Rao v. State of Andhra Pradesh, AIR 1961 SC 564

 Indian Medical Association v. V.P Shantha, AIR 1996 SC 550

 Joseph v. Dr. George Moonjerly, AIR 1994 Ker 289

 Kharak Singh v. State of U. P., AIR 1963 SC 1295

 K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1

 Medical Superintendent, St. Gregorious Mission Hospital v. Jessy, III (2009) CPJ 61

(NC)

 Manoj Narula v. Union of India, (2014) 9 SCC 1

 Mr. X v. Hospital Z, AIR 1999 SC 495

 Nisha Priya Bhatia v. Institute of Human Behaviour and Allied Sciences, GNCTD,

IC/AD/A/2013/001681-SA

xii
 Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180

 Ozair Husain v. Union of India, AIR 2003 Delhi 103

 Parmanand Katara v. Union of India, (1989) 4 SCC 286; AIR 1989 SC 2039

 Paschim Banga Khet Mazdoor Samity v. State of West Bengal, AIR 1996 SC 2426

 Prabhat Kumar v. Directorate of Health Services, CIC/SA/A/2014/000004

xiii
 CHAPTER 1: INTRODUCTION

1.1 Introduction

India's human rights situation is currently precarious. Despite the country's

consistent GDP growth over the last decade, malnutrition and morbidity from
starvation remain extremely high. The fact that so many people are still hungry
has led to this situation. However, The Supreme Court of India has taken a
stand against the negative impacts of globalisation on the right to food for
India's poorest citizens, establishing itself as a champion of food security and
committing itself to the realisation of the right to food in the country. By doing
so, the court has made it clear that it is unwilling to acknowledge how
globalization has harmed the nation's poorest populations' ability to access
basic nutrition. This refusal stems from the court's refusal to recognize how
globalization undermines the ability of the world's poorest populations to
access basic nutrition. People's Union for Civil Liberties (PUCL) public
interest petition No. In the landmark case 196/2001, the Supreme Court of
India explicitly established a constitutional right to food and a minimum
nutritional standard for India's millions of undernourished citizens. 1 The
relevant case was People's Union for Civil Liberties v. Union of India and
Others, PUCL Petition (Civil) No. 196/2001. (PUCL). The argument referred
to the case People's Union for Civil Liberties v. Union of India and
Others2(PUCL), which was also under consideration at the time. Over the
course of this open and ongoing petition, which has been pending for ten years,
the Supreme Court has reorganized certain government food schemes into legal
entitlements. It has done so by establishing minimum allotments of food grains
and additional nutrients for India's poor. It has also specified how those
government schemes will be implemented and who will be held accountable
for noncompliance. In other words, the Supreme Court did more than simply
declare that certain government food programs are legitimate entitlements. The
court also ordered that poorer Indians receive minimum amounts of food grains
1
Clinical Establishments (Registration and Regulation) Act, 2010, MoHFW,
http://clinicalestablishments.gov.in/En/1068-standard-treatment-guidelines.aspx (accessed on May 10, 2023,
8.15 AM)
2
Union for Civil Liberties v. Union of India and Others, AIR 1997 SC 568.

1
 and additional nutrients. The most recent instance of governmental action in
relation to the right to food is the National Food Security Act, which is
currently in the proposal stage. Concerns have been raised by economists and
food security advocates about the draft bill, which is currently being prepared
for discussion in the national legislature. Despite the fact that the proposed
legislation provides an important opportunity to codify entitlements that are
currently protected by court order, the draft of the bill that is being prepared for
debate in the national parliament has raised significant concerns. This article
examines the Supreme Court's efforts to establish a constitutional right to food
by transforming government initiatives to ensure food security into legally
protected privileges. The focus of the analysis is the Court's attempt to
accomplish this by converting government food security programs into legally
protected constitutional entitlements. Furthermore, the Public Utility Clauses
Act is compared to the social and political environment of India (PUCL). Non-
state actors have a "duty to protect" other people or groups from being denied
access to nutritious food. Private citizens and businesses are examples of non-
state actors. This is something the government must do. As a result, rather than
simply recognizing people's rights and freedoms, the state must respond
appropriately to any constructive or destructive third-party interference in
individuals' or groups' efforts to meet their needs. 3
In another case of Dena Nath v. National Fertilisers Ltd.4, the court directed
“the establishment of food canteens in every worker’s quarters and to provide
food in these canteens at a subsidised rate. This was to ensure the workers get
access to adequate food and uphold their rights”.
In yet another case of Shantistar Builders v. Narayan Khimalal Tomate5, “the
courts recognised the right to shelter as a basic human right and further stated
that in India, 3 basic rights have been recognised – the right to shelter, right to
food and right to clothing”.

As a result of this duty, the state must respond appropriately to any positive or
negative interference. According to Eide, the secondary level of the state must

3
The Right to Adequate Food (Article 11) (Geneva: ECOSOCE/C. 12/ 1999/5).
4
Dena Nath v. National Fertilisers Ltd. (1991), writ petition No. 8872 of 1989.
5
Shantistar Builders v. Narayan Khimalal Tomate, (1990) 1 SCC 520.

2
 actively defend itself against assertive or aggressive subjects, particularly
economic interests. These sections may promote and discard dangerous or
harmful goods, engage in fraud, or engage in unethical commercial and
contractual interactions. These sections may engage in deceptive market
practices like "monopolization" or "withholding price information." Along with
the obligations to provide and facilitate, there is also the obligation to fulfill.
Because it is the state's responsibility to facilitate, it is expected that the state
will take the initiative to improve people's access to food and their use of the
resources and means available to them. This is because facilitating is a state
responsibility. States are required to directly satisfy the right to adequate food
as part of their duty to provide when an individual or group is unable to
exercise the right with the resources at their disposal due to circumstances
beyond their control. When a state's resources are insufficient to meet the right
to adequate food, it is obligated to directly fulfill that right. 6 Eide believes that
by fully utilizing technical and scientific knowledge, facilitation Can take the
form of improved food production, preservation, and distribution, as well as the
development or reform of the agrarian system. 7 Combining these three
elements would make this possible. This would be done to tighten the
standards. He also outlined the conditions under which nation-states must
provide direct food assistance or resource assistance (via direct food aid or
social security):

a) “Emergencies like severe drought or floods, armed conflict or the collapse of

economic activities within a particular region of a country;
b) normal circumstances like unemployment on account of economic recession,
old age infirmity, disability, marginalisation of a section of population (e.g.
due to structural transformation in the economy and production)”.
Even in the midst of natural disasters and other types of disasters, Article 11(2)
of the International Covenant on Economic, Social, and Cultural Rights
recognizes the "fundamental right of everyone to be free from hunger." The

6
Krishnaraj Maithreyi, Food Security: How and For Whom, Economic and Political Weekly vol. 40, No. 25,
(June 18, 2005), p. 41.
7
NABH patients charter, https://nabh.co/Images/pdf/Patient_Charter-DMAI_NABH.pdf (accessed on May 14,
2023, 8.55 PM)

3
 primary duty of the state in the context of the right to food is to take the
necessary measures to prevent hunger in accordance with this clause.

1.2 Definitions of Food Security

In this age of globalization, food grain supply and distribution are frequently
discussed; however, food security is a much broader concept that is difficult to
define. The section of this definition's goal is to provide a concise overview of
the concept of food security.The World Food Summit of 1996 defined food
security as “when all people at all times have access to sufficient, safe,
nutritious food to maintain a healthy and active life”, World Bank defines
food security as “Access by all people at all tim.es to enough food for an
active, healthy life”. The “Rome Declaration on World Food Security” defines
access to food as “physical and econom.ic access, at all times, to sufficient,
safe and nutritious food for people to meet their dietary needs and food
preferences for an active and healthy life”. Similarly, the “Planning
Commission of India” also defined food security as “a situation where
everyone has access, at all times, to food needed for an active and healthy
life”.The right to a minimum standard of living, which includes the right to
food, was included in the 1948 United Nations Declaration of Human Rights.
In 1966, the International Covenant on Economic and Social Rights was
established with the goal of achieving "adequate world supply in relation to
need." The statement "every man, woman, and child has the inalienable right to
be free from hunger" was included in the 1974 Universal Declaration on the
Elimination of Hunger and Malnutrition8. The Extraordinary Rapporteur on the
Right to Nourishment for the United Nations, Jean Ziegler, refers to it as "quiet
mass homicide," and affirms that it is solely the result of "human activities." A
number of international conferences held in the 1990s influenced the
development of this procedure.9 Food insecurity is now recognized as the focal
point of a complex web of interconnected national and international problems
to which it contributes and to which the only solution is a comprehensive
strategy for resolving these problems. According to Smith, Pointing, and
8
Embassy of India, Agriculture & Rural Developments.
http://www.indianembassy.org/dydemo/agriculture.htm( last Visited- 03 jan 2023)
9
Alex Mold, Patients´ Rights and the National Health Service in Britain, 1960s–1980s, 102 AM. J. PUBLIC
HEALTH 2030 (2012)

4
 Maxwell, there are approximately 200 different definitions of "food security."
For the purposes of this article, we will use the most common definition. The
adoption of this definition was one of the most significant outcomes of the
1996 World Food Summit. "Food security exists when all people have
physical, social, and economic access to adequate, safe, and nutritious food that
meets their dietary needs and food preferences for an active and healthy life,"
according to the World Food Report. References are required. Food security
exists when everyone has constant physical access to food that is sufficient,
secure, nourishing, and meets their dietary needs. The original 1996 definition
was revised in 2002 to include the word "Social." According to the World Food
Programme, this entails achieving a state in which no one ever goes hungry.
Despite the World Food Programme's apparent use of a much simpler
definition, we will continue to use the original World Food Submit definition
because it includes a number of critical elements for the analysis.10

1.3 Dimensions of Food Security

The four dimensions of food security refer to the four components of food
security. It is simple to deduce these four dimensions from the World Food
Summit definition, and it is equally simple to apply them to food security
analysis.
1.3.1 Availability
The availability of the resource may be prioritized. The World Food Summit
definition includes the word “sufficient”. The World Food Summit defines it as
the total amount of food produced in a country or region, including domestic
production, food imports, food stocks, and food aid. The definition explicitly
mentions the term “net commercial imports”, which are calculated by
subtracting “commercial and other exports” from “net commercial imports”.
Furthermore, the definition includes villages and households as well as nations
or regions. This definition is still included in the World Food Programme's
operational manual. Despite the fact that the final declaration of the Food and
Agriculture Organization Founding Conference stated that poverty is the
primary cause of hunger and malnutrition, it was widely assumed that food
10
Menon, Parvathi, A Farm Crisis and Suicides, Frontline, Vol. 18, No. 8 (Apr. 14-27, 2001).
http://www.flonnet.com/fl1808/18080210.htm (last visited 13 march 2023)

5
 availability and food security were mutually exclusive. Despite the fact that the
statement was approved by the FAO's Founding Conference, this point of view
persisted. Over the last three decades, the majority of researchers, practitioners,
and educators have focused on proving and persuading others that food security
is more than just a matter of food availability. People typically believe that
increasing food production will improve food security because they believe that
having access to food commodities is required. This is due to the fact that food
security requires access to food. Agricultural production has consistently
outpaced population growth over the last 65 years. Even though there are
enough food products on Earth, at least in terms of macronutrients, to feed
more people than the world's current population, some people still do not have
access to food.11
a. Access
The second factor in food security is Access to food. According to the World
Food Summit, having access to food means “Access to physical, economic, and
social resources... Even though Amartya Sen proposed the concept of food
access in the early 1980s, it is not always common practice to refer to it as an
important component of food security”. Even though Amartya Sen had the
original idea, this is still the case. Furthermore, many people have been
tempted to limit the access dimension of food security to its economic or
financial aspect since the food crisis in Niger in 2005 and the global food price
crisis in 2008. Food access, for example, is defined by the World Food
Programme as a household's ability to obtain an adequate amount of food on a
consistent basis through a combination of purchases, barter, 12 borrowings, food
aid, and gifts. Food accessibility is divided into three categories: financial,
social, and physical. In reality, the physical and logistical dimensions are
almost identical. An example of this concept would be food produced in one
region or country but consumed in another, with little or no access to
transportation between the two and insufficient information. Food is considered
safe when it can be found in places where people, such as households, have a

11
Padmanabhan, Chitra, Starving in the Midst of Plenty, Pitara.com, May 19, 2001.
http://www.pitara.com/news/news_india/online.asp?story=170 (last visited 25 feb 2023)
12
Amartish Kaur, Protection of Human Rights in India: A Review, 2 JAMIA L. J. 22 (2017)

6
 high need for it. When describing the financial aspect of food access, the World
Food Programme uses the same definition. Food security is achieved when
food items are easily accessible where people need them and when households
have the financial resources to buy enough food to meet their needs on a
regular basis. Researchers only recently discovered that, given the history of
food security, people can experience food insecurity even if they have access to
but cannot afford food commodities. On the other hand, awareness of this fact
has steadily increased in recent years13. As a result, market practitioners and
analysts have become extremely interested in the market. In reality, the
problem of food security was misunderstood for a long time as the problem of a
rural population that occasionally failed to produce enough food to meet their
own needs due to climatic and other factors, resulting in famines and
malnutrition, and lived in a state of near total autocracy. For years, this
misunderstanding persisted. According to a number of other organizations,
including Oxfam India, the majority of people, particularly the poor, rely on
market systems for food, essential services, and the sale of their produce, even
in rural areas. The final component of the World Food Summit definition is the
social or socio-cultural aspect of food access. Food may be available to those
who can afford it, but socio-cultural barriers may make it difficult for members
of certain groups to obtain food, such as those who identify as a specific gender
or social class.
1.3.2 Utilization
The third aspect of food security is food utilization. The World Food Summit
defines food as “food that is safe, nutritious, and meets their dietary needs”. It
is not enough for food to be readily available and easily accessible to
households to ensure that people consume a nutritious and healthy diet. In
addition to nutrient absorption, the selection of food commodities, their
preservation, and preparation all play a role here. Food quality and safety are of
the utmost importance. Even in so-called traditional societies, it is not safe to
assume that everyone understands how to make the best use of food resources.
This is especially significant in light of the alarming rate at which people's
eating habits are changing everywhere, including in so-called traditional

13
United Nations Centre for Human Rights. Right to Adequate Food as a Human Right. Human Rights Study
Series. Vol. 1. New York: United Nations, 1989.

7
 societies. This is especially true for people who have been relocated, such as
refugees and victims of a shock that may have altered the value chains of
various goods. Individuals may require training to learn how to make the most
of the food they have access to. Indeed, the World Food Programme, among
others, has made a number of observations regarding populations that live in
areas where food is readily available, have unrestricted access to food, and still
suffer from malnutrition, primarily as a result of food commodity
underutilization14. Despite the fact that these populations have complete access
to food, this is the situation. Food consumption is also linked to access to
medical care, sanitation, and safe drinking water. This dimension includes, in
addition to nutrition, food product utilization, preservation, processing, and
preparation. This, however, demonstrates the link between nutrition and food
security. Because food security cannot exist without adequate nutrition,
discussing nutrition and food security at the same time is pointless. It draws
even more attention to the issue of food safety, which has been addressed
primarily in the context of developed nations and must be recognized as a
critical component of global food security. In this regard, research is being
conducted to establish links between food safety and food security, as well as
to include elements of food safety that are directly related in the toolbox of
food security practitioners.
1.3.3 Stability
The stability of one's food supply is the fourth component of food stability.
According to the WFS definition, this phrase means “at all times”. This
consistency has the greatest impact on the three previously mentioned aspects
of food security. Food security can last for a very long time and is not
dependent on any specific second, hour, or day of the year. It Can be long-term
and permanent. Temporary food uncertainty can be distinguished from ongoing
food fragility due to the consistency component of food security. Chronic food
insecurity is defined as a long-term or ongoing inability to meet basic dietary
needs. Transitory food insecurity refers to food insecurity that lasts only a short
period of time. Seasonality and other cyclical factors also have an impact on
food insecurity. One aspect of food security that the four previously mentioned
dimensions did not address is the food preferences required for an active and
14
Vidar, Margret. “State Recognition of the Right to Food at the National Level.”12-14 Oct 2005,

8
 healthy lifestyle. The World Food Summit in 1996 established this definition of
food security. Aspects of a person's food preferences that, at the household and
individual levels, may be comparable to the concept of national food
sovereignty Can be studied and considered further.

1.4 Literature review

 Food Security for Developing Countries by Alberto Valdes
This edited volume contains papers presented at a 1976 conference hosted by
the International Food Policy Research Institute. In the first section of the book,
the focus is on the nature and severity of food insecurity in less developed
countries, as well as the various practical problems that arise. The second
section of this article discusses domestic and international strategies for
combating food insecurity. Valdes has centered his research on the effect of
varying weather conditions on the variability of agricultural production.

 Poverty and Famines by Amartya Sen

This book has focussed on “the causation of starvation in general and of famine
in particular in his book Poverty and Famine. The author has used an
alternative method of analysis - the entitlement approach - concentrating
ownership and exchange. He has also provided general analysis of the
characterisation and measurement of poverty. The various approaches used in
economics, sociology, and politics are also critically examined”.

 The Economics of Agricultural Development by J. W. Mellor

He has examined “how the current global food surpluses can provide the basis
for sustained growth in effective demand for food. He suggests that there are
structural factors in high-income countries, and increasingly also in low-
income countries, that are contributing to the supply of food grains, and that
these are likely to remain in effect for the foreseeable future. In the short run,
such surpluses can support carefully targeted food subsidies to meet the food
needs of low-income households. For the longer term, they can support food-
for-work efforts to create rural infrastructures needed for abroad rural growth
strategy”.

 Is PDS Urban Biased and Pro-Rich-An Evaluation by S. Mahendra Dev and

M.H. Suryanarayan

9
 They made an attempt to “verify severe criticism levelled against the Public
Distribution System in India that it was urban biased and it benefited, by and
large, the middle- and upper-income groups. They used the criterion of Public
Distribution System quantity per market dependent in rural and urban sectors
found that Public Distribution System is rural biased at the all-India level for
rice, coarse cereals, sugar and cloth. They also found that at all India level the
Public Distribution System is not favouring the middle or rich groups. More or
less all sections of population depend uniformly to the same extent on the
Public Distribution System with respect to all commodities in 'rural areas and
in urban areas, the poor get slightly higher proportion than the rich. Thus, as
the evidence shows, the Public Distribution System does not discriminate
against the poor as commonly perceived”.

1.5 Research Objectives

 To investigate the historical context of the concept of food at both the
national and the international level.

 To investigate the causes of food waste, with a focus on the role that the FAO
and other organizations like it play in the fight against it.

 To investigate how different governmental and non-governmental

organizations work together to restrict people's access to food;

 Conduct research into the efficacy of Indian law and policy as a means of
ensuring that individuals' constitutional rights to food are not infringed upon.

 To investigate the function of the Indian Judiciary in relation to the current

field of research.

1.6 Hypothesis
This investigation's findings will either confirm or refute the following
hypothesis: Because everyone requires food to survive, Article 21 of the Indian
Constitution protects both the right to life and the right to food. Legislative,
executive, or judicial actions cannot be used to carry out provisions for the food
security of the population. It is impossible to carry out in a proper manner
without the necessary funds, proper utilization of current programs and
schemes, appropriate monitoring and supervision of the programs and schemes,

10
 and the prevention of fraud, theft, and improper manipulation of entitlement
documents.

1.7 Research questions

 What factors contribute to the development of food into its various stages?
 In what areas does the most favourable and accessible opportunity to alter this
perception lie?
 Why is there a lack of storage for grains, fruits, and vegetables, which is
contributing to an increase in the percentage of people who are going hungry?
 Are the programs and policies of the government, particularly those that pertain
to one's entitlement to food, effective?
 Has the Indian Judiciary been successful in performing its desired role in the
identification and prevention of food shortages, as well as in the provision of
guidelines for those roles to the legislature?
 In order to solve this issue, what sorts of regulations or mandates Can be put
into place?

1.8 Methodology
The researcher has primarily used the Doctrinal Method throughout this investigation.
The primary goal of any investigation may be to find a solution to the problem being
investigated. The main topic of this study is "Right to Food and the Role of the State."
Problems and difficulties The investigation relied on primary sources such as statutes
and reports from research commissions and experts, as well as secondary sources such
as books, articles, journals, case laws, and websites. The Internet has made a significant
contribution by allowing researchers to examine a topic from various perspectives by
posting the most recent and relevant information on websites. The opinions of experts
in the field published on websites have also significantly aided the success of research
efforts in the field. Information gleaned from published works and international
summits and covenants, which are widely available in libraries. Reports on the right to
food, court rulings, news articles, reports, and any other relevant documents, such as
book reviews, were also scrutinized.

1.9 CHAPTERIZATION PLAN

CHAPTER 1: INTRODUCTION

11
1.1 Introduction: The First chapter gave an overview of the introduction to the topic
and also discussed the right to food and the role of various states. It also disused the
concepts of food security and food insecurity.

1.2 Definitions of Food Security: There are a billion individuals in the world who
are always in danger of becoming hungry. The availability and cost of healthy food
for individuals and families are taken into account. It is important to define food
security, so this subchapter defines the concept of food security.

1.3 Dimensions of Food Security: This chapter also deals with various dimensions
of Food security. The word "food security" covers a wide variety of problems and
worries related to providing adequate nutrition for all people. These are all crucial
components for protecting food supplies.

1.4 Literature review: This chapter discussed the various literature reviews that help
us know in depth about this topic. It also helps to critically analyze the topic and
come up with various solutions.

1.5 Research objectives: This chapter deals with the various objectives, and In order
to guide the research process and produce more relevant results, specific, measurable
objectives for the research must be established.

1.6 Hypothesis: This chapter also disseminated the hypothesis, which helped guide
research and analysis that made a statement. Hypotheses are used in science to help
researchers focus their efforts and make more accurate, quantifiable predictions.

1.7 Research questions: This chapter discusses the various research questions that
help to deal with Specific issues or roadblocks are outlined in the form of research
questions. Through research questions, the aims of the study are defined in great
detail. They help scientists focus on key questions and establish clear objectives

1.8 Methodology: This chapter deals with the research methodology that has been
used. The researcher has used the doctrinal method throughout, which is essential for
any project because it serves as a road map for the study. For the sake of answering
research questions or evaluating hypotheses, the term "methodology" is used to
describe the general strategy and techniques employed.

CHAPTER 2: HISTORICAL PERSPECTIVE OF FOOD SECURITY

12
2.1 Introduction: The researcher has introduced the historical perspective of food
security. The concept of food security has been influenced by many economic,
political, and environmental forces across a long and winding historical timeline.
Problems with food security, distribution, and access have plagued human societies
for millennia.

2.2 Evolution of Food Security: Researchers have dealt with the evolution of food
security. Food security has evolved over time, and its history may be understood by
looking back at several eras, each of which was influenced by its own unique set of
social, economic, and political forces. Subsistence farming, hunting, and collecting
meant that people in prehistoric and ancient times had enough to eat. Many ancient
societies relied heavily on wild plants and animals for sustenance. When people
transitioned from nomadic hunting and gathering to settled farming, they improved
food safety.

CHAPTER 3: LEGAL REGIME FOR FOOD SECURITY

3.1 Introduction: In this chapter, researchers have introduced the Legal Regime
FOR Food Security. They have also stated that food security is governed by a
patchwork of different laws at different levels of government. Everyone within a
country's borders may have ready access to a variety of healthful foods.
Numerous national laws and programs aim to improve people's access to nutritious
food. Possible areas of restriction include agriculture, food security, distribution, and
humanitarian food relief. Governments frequently enforce food quality and safety
regulations to protect the public.

3.2 The International Legal Regime for Food Security: In this chapter, the
researcher has dissected the international legal framework for food security. It is the
goal of the treaties, agreements, conventions, and recommendations that make up the
international legal framework for food security to end hunger in the world. All
people may have access to sufficient, safe, and nutritious food, and these accords
strive to make that possible by facilitating international cooperation and establishing
shared goals.

3.3 Legal Regime for Food Security in India: This chapter deals with the legal
regime for Food Security in India. India's diverse ecosystem and massive population

13
make food insecurity a pressing problem there. The Indian government places a high
priority on guaranteeing that all citizens have ready access to enough nutritious food.
To deal with the complex problems of hunger, malnutrition, and food distribution,
India has established a solid legal framework for food security. This body of law
protects the right to food, among many other laws aimed at increasing the safety of
underrepresented communities. Important components of this regulatory framework
include the Public Distribution System (PDS) and other programs to improve the
health of mothers and their young children.

3.3.1 The Right to Life and Food Security : This chapter deals with The Right to
Life and Food Security. It also talks about the universal right to life, which ensures
everyone's dignity and protection. Several international human rights treaties,
including the Universal Declaration of Human Rights and the International Covenant
on Civil and Political Rights, protect this right.

3.3.2 Human Rights Based Approach to Constitutional Interpretation: This

chapter deals with a Human rights-based approach to Constitutional interpretation.
The researcher has also talked about The "human rights-based approach to
constitutional interpretation" is a legal framework and practice that give human rights
notions the highest importance for interpreting and applying the Constitution. In this
strategy, protecting and advancing basic human rights, as stated in regional and
international human rights treaties, is a top priority. It seeks to ensure that human
rights are considered and upheld in all governmental policies, laws, and procedures.

3.3.3. Constitutional Interpretation to Bypass Legislative Action: This chapter

deals with constitutional interpretation to Bypass Legislative action. When legislative
action is inadequate or delayed, courts can use their interpretive jurisdiction to
address food security concerns; this is known as constitutional interpretation. The
idea that everyone has the right to a healthy diet and the means to achieve that diet is
central to this strategy. When legislative efforts and government activities fall short
of eradicating food insecurity, the courts can defend and expand this right through
judicial interpretation of the Constitution.

3.3.4 Directives Principles of State Policy to Ensure Food Security: This chapter deals
with Directives and principles of State Policy to Ensure Food security. Policies and laws in
India are heavily influenced by the DPSP outlined in the Indian Constitution. Although they

14
form the cornerstone of the state, the courts do not enforce these norms to ensure people's
continued social, economic, and political fairness. A number of DPSP provisions affect food
security and help government programs in this area.

3.3.5 Panchayat: The Most Powerful Constitutional Apparatus to Ensure Food

Security: This chapter deals with Panchayat The Most Powerful Constitutional Apparatus to
Ensure Food Security the Indian form of decentralized governance known as the Panchayat
has the potential to be an effective constitutional mechanism for securing food supplies at the
community level. The work of panchayats is crucial to the successful implementation of
many government policies and projects, especially those concerned with social welfare, food
distribution, and agriculture.

3.3.6 Democratic Control of the Food System: A Constitutional Mandate: This chapter
deals with Democratic Control of the Food system. A Constitutional Mandate Having the
general public weigh in on decisions about food production, distribution, and consumption is
central to the notion of "democratic control of the food system." It proposes that those in
charge of the food system may be chosen by the people they serve and held accountable for
their actions. Although the values of democracy and public engagement in governance are
commonly enshrined in the constitutions of many countries, this is not always the case, and
this includes the food system.

3.3.7 Legal Framework for Food Security in India: This chapter deals with the legal
framework for Food Security in India. India's government and policymakers have made it a
priority to guarantee the nation's citizens' access to nutritious food. With the intention of
ensuring that all citizens have access to sufficient, nutritious food, the country's legislative
framework for food security is comprised of a wide range of laws, guidelines, and initiatives.
With a population of over a billion, India faces unique challenges in combating food
insecurity, malnutrition, and unequal distribution. The government has responded by enacting
a number of innovative policies with the goal of reducing food insecurity and improving the
nation's diet overall.

3.4 Role of Central-State Governments in providing Food Security: In this chapter, we

deal with the role of central and state governments in providing Food security. Both the
central and state governments in India are responsible for ensuring citizens have access to
safe and nutritious food. While the federal government is responsible for setting broad

15
policies and goals, it is the individual states that are responsible for putting them into action
and adapting them to meet the specific requirements and concerns of their residents. They
band together to feed the hungry, focusing on the most vulnerable members of society.

3.5 The Right to Livelihood and the Mahatma Gandhi National Rural Employment
Guarantee Act, 2005: This chapter deals with The right to a decent living, which includes
the ability to provide for one's family, is fundamental to human dignity. In 2005, the Indian
government enacted the Mahatma Gandhi National Rural Employment Guarantee Act
(MGNREGA) in recognition of the significance of this provision. To tackle rural
unemployment, poverty, and food insecurity, the MGNREGA is an important piece of law
that safeguards the rights of rural households to employment and a means of survival.

3.6 Food Entitlements Act, 2009: This chapter deals with the Food Entitlements Act, 2009,
which is a major piece of law controlling food stipends in the country. Since its inception, its
primary purpose has been to ensure the public's right to adequate nutrition. It recognizes the
human right to food by ensuring that individuals can access food at a low cost through the
Public Distribution System (PDS).

3.7 The Essential Commodities Act, 1955: In this chapter, The Essential Commodities Act,
1955, is a landmark law that gives the government the power to regulate the production,
supply, and distribution of essential commodities for the sake of public benefit and price
stability. The Act gives the government the authority to intervene in the needy market at
times of shortage, inflation, or other extraordinary conditions.

CHAPTER 4: NATIONAL FOOD SECURITY ACT, 2013: PROBLEMS AND

ISSUES

4.1 Introduction: This chapter deals with the introduction of problems and issues with The
National Food Security Act (NFSA) of 2013. A large portion of the Indian people will have
access to cheap grains under the National Food Security Act (NFSA) of 2013. Many good
things have come from the Act, but it hasn't been without its share of challenges.

4.2 National Food Security Act: Main Issues: In this chapter, we deal with the main issues
with the National Food Security Act. India’s efforts to end hunger and provide food security
for its vast population received a major legal boost with the passage of the National Food
Security Act (NFSA) in 2013. The Act established the right to food as a legal entitlement

16
with the goal of encouraging fair access to a sufficient diet and providing low-cost food
grains to eligible customers. Although the NFSA is a significant step forward in the struggle
against hunger, new challenges have emerged since its inception.

4.2.1 Rationale: in this chapter deal with Rationale The foundation of food security
is the right to sufficient nutrition. It's founded on the belief that giving people access
to enough healthy food is essential to their well-being, success, and dignity.

4.2.2 Salient Features of National Food Security Act: In this chapter, we deal with
features of the National Food Security Act: The passing of the National Food
Security Act (NFSA) in 2013 marked a turning point in India's efforts to feed its vast
and diverse people. The government's commitment to provide subsidised food grains
to those who qualify, with a particular emphasis on the most disadvantaged segments
of society, is strengthened by this progressive law, which defines the right to food as
a constitutional guarantee. Food insecurity is drastically reduced, nutritional
outcomes are enhanced, and social welfare is broadened thanks to the provisions of
the National Food Security Act (NFSA).

4.2.3 Modus Operandi:The strategy through which a population obtains and keeps
its food supply is known as food security. Individuals, groups, and governments all
have roles to play in ensuring that people have access to sufficient, high-quality, and
nutritious food.

4.2.4 Contentious Issues in the Act: This chapter deals with criticism of The National Food
Security Act (NFSA) of 2013. The NFSA has been both lauded and criticized for its attempts
to ensure adequate nutrition for all citizens of India.

4.2.5 Operational Challenges: This chapter deals with operational challenges. The National
Food Security Act (NFSA) of 2013 formalizes the Indian government's commitment to
ending hunger and guaranteeing food security for all of the country's citizens. The Act's
audacious objective is to protect societies most vulnerable from the scourge of food
insecurity by distributing affordable food grains to millions of qualifying individuals. It can
be challenging to complete such a long to-do list. The obstacles the NFSA must overcome in
order to realise its admirable goals are discussed in this introductory section.

17
4.2.6 Production: This chapter deals with the production of The National Food Security Act
(NFSA). The first step was when people started talking about food as a human right, which
led to the demand for stringent control to ensure that everyone in a country had access to
enough to eat.

4.3 Financial Challenges: This chapter deals with the financial challenges of the National
Food Security Act (NFSA). In 2013, the Indian government made a strong statement about its
intention to combat food insecurity and protect the right to adequate nutrition for all its
citizens. However, the Act's lofty goals will have significant monetary consequences. In order
to purchase, distribute, and subsidies food grains for millions of eligible clients, the NFSA
needs substantial funds. An overview of the NFSA's financial difficulties, including the
money needed to buy food grains, set up a dependable distribution network, regulate
administrative expenditures, and alleviate potential financial strains

4.4 Financial obligations under National Food Security Act: This chapter deals with
financial obligations under the National Food Security Act of 2013 are critical for millions of
Indians since they ensure their access to food while also working to alleviate poverty and
hunger. In order to implement this historic legislation, the government must meet a series of
critical budgetary commitments. In this introductory piece, we take a look at the NFSA's
primary financial responsibilities, such as funding the purchase and distribution of food
grains at subsidized prices, developing programmers to increase food security, controlling
administrative costs, and resolving any potential deficits.

CHAPTER 5: CONCLUSION AND SUGGESTION

5.1 conclusions: Here is the researcher's conclusion on the topic right to food. A decent and
healthy life is impossible without the satisfaction of a right to food. To ensure that millions of
Indians who are eligible for subsidies can get their hands on cheap grains, the country passed
the National Food Security Act (NFSA) in 2013. The fight to uphold this right and carry out
the duties of the state has run into a number of issues and difficulties.

5.2 Suggestions: Here the researcher discusses the various suggestions on the right to food.
The government and the people of India must work together with full dedication to end
hunger and malnutrition in the country. There has been a lot of improvement thanks to the
National Food Security Act (NFSA), but there are still certain problems that require fixing.

18
 CHAPTER 2: HISTORICAL PERSPECTIVE OF FOOD
SECURITY

2.1 Introduction

Researchers discovered that India has a long history of food scarcity dating
back to the “annabhava”, “doorbhiksha”, and “manvantara” periods when they
examined the issue of food security from a historical perspective. This unease
is expressed in the well-known Vedic prayer, which is written as follows:

19
 “Kaley varshatuparjanyam

Preithivishashyashalini

Lokasantuniramayah”

There was only nature in the distant past. However, as feudalism progressed
and reached its apex, a growing awareness of the state's responsibility to ensure
food security emerged. Many strategies for mitigating the effects of famine had
been developed by the time of Chandragupta Maurya. Kautilya's Arthashastra
mentions actions such as dispersing royal food stocks, offering food in
exchange for labor on projects such as fort construction or irrigation, and
making seeds and food from royal stores available to the general public at a
reduced cost. During the Mughal era, however, there was never a single,
unified, or consistent code or policy regarding food security or famine relief.
India did not begin developing a food security strategy until it was still ruled by
colonial powers. Imperial rule over countries such as Burma, India, and many
others exemplified Britain's evolution into an advanced form of industrial
capitalism.15 The British discovered that famines were common throughout
India; for example, 32 starvations were recorded in various parts of India
between 1860 and 1908. The British people coerced the British government
into assisting the famine-stricken Indians, but more to quell any potential
uprising against their rule than for the benefit of the starving people. Because
of the nature of the organization, famine commissions and famine codes were
established. Ira Klein, an economic historian, describes them as Darwinist,
Individualistic, and Malthusian. Indeed, these were the dominant ideologies in
Britain at the time, as evidenced by the passage of her New Poor Law in 1834.
The Poor Law Amendment Act of 1834 was the first law that established this
system. It was based on the assumption that healthy people would only accept
assistance indoors in amounts barely sufficient to survive, and that starvation
outside would outweigh such meager assistance. 16 This idea was reflected in
the Famine Code, which was drafted between 1878 and 1880 by the First
Famine Commission. It stated that only the elderly and infirm (as well as
15
World Bank. Repositioning Nutrition as Central to Development: A Strategy for Large-Scale Action.
Directions in Development. (2006).
16
Boerma, Addeke Hendrik, and Colin Mackenzie. A Right to Food : A Selection from Speeches. Rome: Food
and Agriculture Organization of the United Nations, 1976.

20
women in purda who were unable to work on public projects) would be
provided with free assistance in their own villages. All physically fit people
would be hired, but their wages would be limited to food grains. In 1878, the
Indian government began funding the Famine Relief Fund and the Annual
Famine Relief and Insurance Grant on a regular basis. The main responsibilities
of this organization included famine relief, the construction of protective
irrigation systems, and debt repayment. The recommendations of the First
Famine Commission were supported to varying degrees by the Second and
Third Famine Commissions. The decision of the colonial government to
change its approach to India's precarious food supply was most likely
influenced by a shift in British society as a whole. Famines began to decline
around 1920 and did not resume until 1943. Furthermore, no significant
changes were made to the famine relief policies. Famine relief became a
provincial concern under the Government of India Act of 1919, also known as
the Mont Ford Reforms. Each province was required to establish and manage a
famine relief fund. The fund would be funded through annual payments
deducted from the province's regular revenue. The provincial government
would receive interest on the central government's investment, which would
then be invested. The Government of India Act of 1935 made no provision for
the establishment of separate famine relief funds. In response to the
aforementioned recommendations, nearly all provinces established Famine
Relief Funds. It is possible to see how England began to change at the
beginning of the twentieth century in this setting. In 1905, a Royal Commission
was formed to investigate the implementation of the New Poor Law. The Local
Government Act, the National Health Scheme, the Labour Exchange Act, the
Pensions Act, the National Insurance Act, and the National Insurance Act of
1912 were all passed during this time period. The Indian independence
movement was gaining traction at this point. The Bengal Famine, which was
caused by humans at this time in colonial history and killed over three million
people, occurred in 1943. During World War II, the "Famine Inquiry
Commission" recommended that rationing be implemented immediately in
cities with a population of at least 25,000 people. The Public Distribution
System in India did not begin until after this event. It closely followed the
recommendations of the Beveridge Report in England, so it is likely to have

21
 had an indirect effect. This is due to the fact that the Beveridge Report was
only recently made public17.

Countries that have ratified the International Covenant on Economic, Social,

and Cultural Rights are required to ensure that all of their citizens have access
to the means to exercise their economic, social, and cultural rights.
Governments may work to create more peaceful, stable, free, and prosperous
environments so that people can eat with dignity. Nations have a moral
obligation to ensure that their citizens do not go hungry, even if there is no
legal requirement for them to do so. Everyone has the right to food because that
is how they were created. It is not necessary to "earn" the right to food because
it is a fundamental human right. This is not to say that you may go around
asking for free food from strangers. Everyone is responsible for exercising their
right to food and nutrition. The right to food is firmly established as a
fundamental human right in both humanitarian law and international human
rights law. Food security and the right to a balanced diet are inextricably
linked. The state must respect, protect, and uphold every citizen's right to
consistent access to adequate food. As a result, the UN Special Rapporteur on
the Right to Food's main goals are to encourage national implementation of the
principle and increase public understanding of it. Both the International
Covenant on Economic, Social, and Cultural Rights and the process of political
rights require the participation of the Parliament. It also has an important role
to play in both of these processes. A number of additional international and
regional treaties protect the right to food. These instruments are classified as
international or regional. The modern concept of food security derives from the
Universal Declaration of Human Rights of the United Nations. Everyone has
the right to a living standard that is adequate for their own health as well as the
health and well-being of their families. This includes the right to adequate
shelter, food, clothing, and medical care. It also includes the right to financial
security in the event of unemployment, illness, disability, widowhood, old age,
or any other unexpected loss of income, as well as the right to basic social
services18. The Declaration of Human Rights expressly states this right. The
17
Alston, Philip, and K. Tomaševski. The Right to Food. International Studies in Human Rights. Boston;
Utrecht: M. Nijhoff; Stichting Studie- en Informatiecentrum Mensenrechten, (1984).
18
Shiva, Vandana, “At the Mercy of Globalization”, The Hindu, September 23, 2001.
http://www.hinduonnet.com/thehindu/2001/09/23/stories/13230614.htm

22
 International Covenant on Economic, Social, and Cultural Rights recognizes
the right to an adequate standard of living, which includes the right to adequate
food as well as the right to be free of hunger. The Commission on Human
Rights recalls the Universal Declaration on World Food Security, the
International Covenant on Economic, Social, and Cultural Rights, and the
provisions of the International Covenant on Economic, Social, and Cultural
Rights that recognize the fundamental right of every person to be free from
hunger. The development of international law has occurred alongside the
holding of numerous conferences and non-binding international declarations
and resolutions. The Universal Declaration of Human Rights The World Food
Summit Plea for Action in 1996, the Rome Declaration on World Food
Security, the United Nations Committee on Economic, Social, and Cultural
Rights, the World Poverty Conference of 1947, the International Code of
Marketing of Breast Milk Substitute adopted by the World Health Assembly
WHA in 1981, and the World Poverty Conference of 1947 are examples. The
human right to adequate food is specifically mentioned in both the International
Covenant on Economic, Social, and Cultural Rights and the Convention on the
Rights of the Child, which are legally binding international documents on
human rights. However, the Universal Declaration of Human Rights and other
enforceable international human rights conventions, such as the Convention on
the Elimination of All Forms of Discrimination Against Women, aid in the
expansion of this right. The United Nations Food and Agriculture Organization
has identified a significant number of credible international instruments
addressing the human right to adequate food. These instruments are available
from one end of the globe to the other. Since the beginning of human
civilization, people have been concerned with making sure that everyone has
enough food to eat so that they can live a long and healthy life. This is done in
the hopes that more people will live longer. The typical lifespan of humans is
intended to be increased as a result of this practise. This has been a cause for
concern for them due to the fact that they want people to have the longest
potential life expectancy. The contemporary conceptions of what it means to
have dependable access to food may be traced back to a confluence of
historical shifts, scientific advances, and sociological shifts that have taken
(Last visited 23 march 2022)

23
 place over the course of time. From the agricultural practises of early
civilizations to the global economic practises of today, the need to ensure a
continuous supply of food has had a substantial influence on the formation of
communities and governments at every stage of human history. This has been
true from the beginning of human history till the present day. Since the
beginning of recorded human history till the current day, this has always been
the situation. This has been the situation at all times from the beginning of
human history as it has been recorded until the present day. This introductory
piece will provide readers with a historical context for food security by tracing
key events from the subsistence farming of early agrarian civilizations to the
effects of the Green Revolution on food production and the growth of
international commitments to food security in the 20th and 21st centuries. This
will allow the reader to gain a better understanding of the evolution of food
security over time. This article's goal is to give readers an understanding of the
historical background of food security by providing readers with an
understanding of the historical background of food security. In addition, the
goal of this work is to provide readers with a historical context for food
security by providing them with a historical context for food security. This
objective will be accomplished by providing readers with a historical context
for food security. In particular, the author is going to be concentrating their
attention on the ways in which the Green Revolution changed the method of
food production that took place all over the planet. If we walk this road that
leads us into the past, we will be able to gain a deeper comprehension of the
obstacles and opportunities that stand in our way as we strive towards the goal
of establishing global food security.

2.2 Evolution of Food Security

The study is divided into four sections, with the primary dividing line being the
global food production situation. The historian has worked tirelessly to
reconstruct the history of food safety. Its sole purpose is to assist in putting
events in chronological order and revealing hidden relationships in the hope of
informing people about the methods being used to ensure food security now
and in the future. This chapter begins with the identification of the first global

24
 food security concern within the League of Nations framework, but it is not
intended to conceal the fact that hunger and malnutrition have always been
major concerns among human populations. At the outset of this chapter, the
main issue affecting global food security within the framework of the League
of Nations is identified.

 World War-I and League of Nations (1930-1945)

Between the two world wars, specifically between 1930 and 1945, there was a
significant improvement in terms of food security, and the groundwork for
international efforts to address issues connected to food was set during this
time. The progression of food security over the course of history is illustrated
in the following overview, with a particular emphasis placed on the League of
Nations.The disruption of agriculture, trade, and transportation brought on by
World War I caused significant food shortages in several European countries.
These shortages were a direct outcome of the war. Rationing, starvation, and
malnutrition are only few of the severe consequences that resulted from the
global food crisis. As a result of the precarious nature of the situation, several
nations and international agencies have made it a top priority to maintain food
security during times of conflict. In 1920, in the aftermath of World War I, a
number of nations got together to establish an organisation that would later be
known as the League of Nations. The League of Arab States came to the
conclusion that the upkeep of food security, in addition to addressing social and
humanitarian concerns, was one of the most important factors in keeping peace
and preventing hostilities.This historical analysis of food security will begin
with the question of when and where the problem of food security previously
became a concern for the entire world rather than just one nation, territory,
town, or family. The League of Nations was in charge of world affairs in the
1930s and after World War I.19 John Shaw discusses the origins of the current
concept of food security in his book World Food Security. Because food is so
important to one's health, Yugoslavia, a League of Nations member, proposed
at the beginning of the 1930s that the League of Nations' Health Division share

19
Sharma, Devinder, “Supreme Court’s Directive to Feed the Hungry”, Tehelka.com, March 11, 2002.
http://www.tehelka.com/channels/commentary/2001/july/27/com072701supremecourt.htm (Last visited 23 dec
2022)

25
 information about the food situation in various countries that are representative
of the rest of the world. For the first time, this report brought the global food
crisis to the forefront of global politics. Based on the results of a survey
conducted the previous year, the League of Nations' Health Division issued a
report on nutrition and public health in 1935. The report, which was the first to
assess the scope of global hunger and malnutrition, revealed that economically
underdeveloped countries such as India faced significant food shortages.
Nutrition, nutrition policies, and the requirement for various countries to
coordinate their nutrition policies were all discussed at the League of Nations
Assembly. These discussions took place as the Assembly was reviewing the
report. When considering the extensive involvement of nutrition experts and
the Health Division in this study of global hunger and malnutrition, it may be
easier to understand the complexity of the current connections between
nutrition and food security. Because food security is a multidisciplinary topic
by definition, nutrition can be included. Separating nutrition from the other
disciplines that contribute to the study of food security from a development
standpoint makes little sense, either. Following the work of nutritionists,
physicians, and scientists, League of Nations officials and national diplomats
discussed the problem of malnutrition. Other experts and foreign civil servants,
however, spoke with the same national diplomats about global commodity
trade and tariff barriers. Alternatively, despite the best efforts of nutritionists,
doctors, researchers, and international officials.20

In the world of food production, processing, and trade, the most recent round of
discussions sparked significantly more interest than previous ones. This was
especially true of producer organizations, some of which have since evolved
into political lobbying groups with little regard for hunger and food insecurity.
The level of interest in previous discussions was noticeably lower. The League
of Nations, on the other hand, came to the conclusion that increasing food
production to meet human needs would benefit agriculture, spill over into
industry, and result in the necessary expansion of the global economy via a
process known as the merging of health and agriculture. This first period was
20
Singh, D. K., “Rajasthan Flounders in the Name Game: Is it Famine or Drought”, Hindustantimes.com, May
6, 2001. http://www.hindustantimes.com/nonfram/070501/detNAT10.asp (Last visited 20 august 2022)

26
 shaped not only by the introduction of modern food security but also by a
number of earlier occurrences associated with elements that directly or
indirectly affect global food security. The agricultural industry in the United
States used to be able to produce a wide range of goods. The United States
Department of Agriculture appears to have begun developing and
implementing production-influencing policies in 1896, employing tools such as
price control, credit control, and export support. The first large-scale food aid
operation, which saw the United States of America ship more than 6 million
tons of food to Europe in 1918, was an example of a policy that was very
similar to the first food aid programs. The origins of the United States
Department of Agriculture can be traced further back in time. Again, by the
end of the 1920s and the beginning of the 1930s, surplus stocks began to
accumulate, and global prices fell to an all-time low. The United States of
America, a country often associated with liberalism, has been extremely
inventive in this area, developing a variety of mechanisms to influence, control,
and regulate the agricultural sector. It's also worth remembering how inventive
the United Kingdom was in this area, devising a variety of strategies to
persuade people. The Agricultural Adjustment Act of 1933 was passed to
regulate production in relation to planted land area. A Grain Stabilization
Board was established under the terms of this act to provide direct subsidies for
agricultural product exports.21 A Commodity Credit Corporation was also
established with the intention of buying and selling agricultural products,
lending money to farmers, and influencing market prices. During World War
II, a food and agriculture conference in Hot Spring, Arkansas, resulted in the
formation of the United Nations Food and Agriculture Organization. This
decision was made at President Franklin D. Roosevelt's Conference on Food
and Agriculture. Attempts by the government to regulate agricultural
production during WWII were largely unsuccessful, particularly in North
America. Furthermore, every effort was made to increase food production in
order to reduce reliance on sources outside the country due to the war's
inability to guarantee supply. This supply chain disruption had a long-lasting
impact on people's minds until the turn of the century. Most people agree that
in a well-known 1941 speech, President Franklin D. Roosevelt was the first to
21
Slater, Joanna, The Problem of Plenty 45 (Far Eastern Economic Review,5th ed. 2001)

27
 publicly state that every modern-day human being has a fundamental right to
food. In a speech known as the "four freedoms speech," the speaker discussed
the rights to freedom of expression, freedom of religion, freedom from want,
and freedom from fear. Following the end of World War II, a large number of
countries adopted the four freedoms. They were incorporated into the Universal
Declaration of Human Rights when it was ratified in 1948. A healthy diet is
recognized as a fundamental human right by the International Covenant on
Economic, Social, and Cultural Rights. It was approved by the United Nations
General Assembly in 1966, but it did not go into effect until 1976. Currently,
156 countries have ratified it.22 Article 11 of the Covenant recognizes
"everyone's right to an adequate standard of living... including adequate food,"
as well as "everyone's fundamental right to be free from hunger." When a state
ratifies the Covenant, it becomes a legally binding document, and the state
government is required to gradually implement the Covenant, such as by
passing and enforcing laws. The right is strengthened and integrated into the
country's legal system over time as a result of laws and court rulings. Hunger is
decreasing in countries where the right has been established, as in the case of
India, which was used as an example. This is because the right has been firmly
established. Governments that have ratified the Covenant are held accountable
on three levels, while individuals are expected to do their best. They may;
uphold the right, which entails ensuring that no one else is denied the right;
respect the right, which means they cannot prevent people from exercising their
right to food; and carry out the obligation, which can be done in two ways:
Governments must make it easier for people to increase their access to and use
of resources. Furthermore, states may ensure that people receive food when
they are unable to understand their right to food for unavoidable reasons.

 Post World War-II, United Nations, Food and Agriculture Organisation and
Surpluses (1945-1970)
The efforts of the United Nations' Food and Agriculture Organisation (FAO) in
the decades following World War II can be credited for a significant portion of
the rise in global food security that occurred in those same decades. After
World War II, there was a considerable improvement in the world's ability to

22
Singh, Tavleen, “Grain of Untruth”, India Today, May 28, 2001

28
 control agricultural surpluses and prevent global food shortages as a result of
these efforts. The United Nations was founded in 1945 with the goal of
preserving international tranquilly and preventing the outbreak of further
hostilities. It is generally acknowledged that ensuring that there is sufficient
food supply is a crucial component of global prosperity and stability. The
United Nations charter highlights the eradication of hunger, malnutrition, and
food shortages as a method to achieve social progress and enhance living
conditions for all people.
The Food and Agriculture Organisation (FAO) is one of the United Nations'
(UN) oldest specialised organisations. It was founded in October 1945. Its
primary goals were to raise crop yields, guarantee food security on a global
scale, and improve people's health by improving their diets and the social
conditions in which they lived. In addition to fostering international
collaboration on matters relating to food and agriculture, the Food and
Agriculture Organisation (FAO) encourages its member nations to engage in
environmentally responsible practises including fishing, farming, and
forestry.The United Kingdom began implementing a social insurance program
based on the Beveridge Plan soon after World War II ended. The New Poor
Law was eventually replaced by the Welfare State. During this time period,
India declared its “independence”. In the First Five Year Plan, the primary or
agricultural sector received little more than lip service. The Second Plan, which
was based on the Soviet Feldman Model, explicitly prioritized the industrial or
secondary sector of the economy. However, due to poor harvests, India
experienced severe food shortages from 1967 to 1958. Public Law even
required India to import food grains from the United States. Under President
Lyndon B. Johnson's direction, the United States of America threatened to stop
providing food aid to India if it did not change its stance on the Vietnam War.
Food insecurity quickly became a major source of concern among Indian
policymakers23. Following the war, governments on both sides of the Atlantic
decided to support and improve the agricultural industry, as well as farmers'
output. This was done because many developed countries still struggled with

23
Times of India News Service, “Supreme Court of India Asks Six States to End Starvation Amdist Plenty”
available at:. http://www.dailystarnews.com/law/200108/03/lawwatch.htm (last visited 17 march 2023)

29
 food availability after the war ended. Finding evidence of this situation is still
common in a few European countries. Before 1950, for example, French
citizens had to present coupons in order to receive the allotted amount of basic
food items. In 1944, Canada passed legislation to support agricultural prices.
Policies were created to support self-sufficiency, increase agricultural
production, and thus increase farmers' incomes at a time when farmers still
made up the majority of Europe's population. These goals were met throughout
the continent. As a result, it's possible that there are political goals that go
beyond the policies that aided and favoured a significant portion of the primary
economy's workforce. However, because things can change quickly, rural areas
have recently experienced a population decline and innovative efforts to attract
residents and create new activities. The first World Food Survey was conducted
in 1946 by the newly formed Food and Agriculture Organization (FAO). The
study's goal was to see if there was enough food and, more specifically if there
was enough energy or macronutrients (calories) for everyone on the planet.
According to 1945 research, at least one-third of the world's population would
lack access to adequate energy. The United Nations Food and Agriculture
Organization (FAO) was asked to investigate the effects of agricultural product
overproduction as early as 1946 and 1947. Many countries would soon be
concerned about this phenomenon. Between 1948 and 1953, the United States
sent food worth approximately $3 billion to Europe as part of the Marshall
Plan. This substantial source of funding was used to purchase surplus food aid
items. In 1952, members of the Food and Agriculture Organization realized
that increased agricultural production would result in food commodity
surpluses. As a result of this realization, the Food and Agriculture Organization
established a Committee on Commodity Problems in 195224. The Committee
on Commodity Problems proposed establishing a set of rules or a code of
conduct to dispose of agricultural surpluses. It also advocated for the
establishment of a permanent committee tasked with disposing of any surplus.
The Food and Agriculture Organization's Committee on Commodity Problems
continues to receive reports from the Consultative Sub-Committee on Surplus

24
Saxena, Rashmi and Tiwari, Deepak, “Wolf at the Door”, available at:
http://www.the-week.com/98mar08/events1.htm (last visited 19 october 2022)

30
Disposal, which was established in 1954 and is now based in Washington, DC.
The World Food Programme was essentially established when the United
Nations General Assembly passed the 27th resolution in October 1960
regarding the distribution of surplus food to people in need through United
Nations systems. It was decided to use a large amount of extra food for
multilateral development because economic growth in developing countries
would eventually end the hunger problem. The World Food Programme's initial
focus was primarily on integrating surplus food into its various development
programs. The Codex Alimentarius Commission was established in 1961 by
the World Health Organization (WHO) and the Food and Agriculture
Organization (FAO) to regulate food safety by establishing global standards for
food preparation, labeling, sampling, hygienic requirements, and other features
of food products. This was done to ensure that the food was safe to eat.

Participants in the 1963 Kennedy Round of Negotiations on International Trade

Tariffs of the General Agreement on Tariffs and Trade, who had previously
focused solely on industrial goods, recognized the importance of international
trade in agricultural products, which had previously been ignored. The
framework for these negotiations was the General Agreement on Tariffs and
Trade. Despite the fact that the first International Agreement on Agriculture
under the new World Trade Organization was not signed until 1996 as part of
the Marrakech agreement, the 1963 recognition marked the beginning of a long
story about food security that is still far from over. The first International
Wheat Agreement was ratified in 1962. The first global wheat agreement was
signed in 1962. In 1967, the Global Wheat Chamber convened a meeting in
Rome to approve the Worldwide Grains Understanding. This agreement was
created by combining the International Wheat Agreement and the Food Aid
Convention, two separate conventions. A number of food aid conventions have
been passed since then, but it wasn't until the most recent one, signed in 1999
and still in force, that it was formally acknowledged that the Convention's goal
is to help ensure global food security. The Food Aid Convention, the only
legally binding agreement for providing food aid, does not always imply that
everyone on the planet will have enough food. In 1969, the Food and
Agriculture Organization's Committee on Commodity Problems approved the

31
 Consultative Sub-Committee on Surplus Disposal Catalogue of Transactions.
At the time, this was the official definition of food aid. The Food Aid
Convention and the Consultative Sub-Committee on Surplus Disposal
Catalogue of Transactions both recognized as food aid several transactions that
had no proof of contribution to food security. These transactions were still
acknowledged by Food Aid.25

 Universal Declaration of Human Rights

The United Nations General Assembly's passage of the Universal Declaration
of Human Rights (UDHR) on December 10, 1948 was a significant step
towards enhancing the safety of food supplies across the globe. Although the
Universal Declaration of Human Rights (UDHR) does not include any specific
mention of food security, it does describe essential human rights and
aspirations that are intimately connected to the issue. The impact of the
declaration on many policies and efforts has significantly increased everyone's
level of food security.

Article 25 of the Universal Declaration of Human Rights states that everyone

has the right to "adequate for the health and well-being of himself and of his
family, including food." This right includes the right to food. The right to an
adequate quality of living encompasses a number of different facets, including
the ability to access basic necessities such as food, drink, and shelter. It is the
basis for advocating for and executing actions that will ensure everyone on the
planet has access to food that is nourishing throughout the entire year.
According to the International Covenant on Economic, Social, and Cultural
Rights, the right to food security is a universal human right that must be
respected by all nations.
The Universal Declaration of Human Rights (UDHR) served as the foundation
upon which international human rights treaties like the International Covenant
on Economic, Social, and Cultural Rights (ICESCR) were built. The right to
food was formally acknowledged in the International Covenant on Economic,
Social, and Cultural Rights in 1966. In accordance with the International
Covenant on Economic, Social, and Cultural Rights, nations are obligated to
25
International Law Institute. (2014). Right to Food: International Law and Implementation. Available at:
https://www.ili.org/publications/right-to-food-international-law-and-implementation (last visited 22 jan 2023)

32
take measures to ensure that all of its citizens have adequate access to food.
This entails not only pushing for food independence and sustainable
agriculture, but also making sure that enough nutrition is accessible to
everyone.In view of the Universal Declaration of Human Rights' (UDHR's)
emphasis on human rights and dignity, it is imperative that the causes of food
insecurity be addressed by all relevant parties. This issue is allowed to persist
as a result of a mixture of insufficient funding, intolerance, and systemic
disparities. As people have began to understand the linked nature of human
rights and campaigned to solve issues such as poverty, land rights, gender
imbalance, and social exclusion, food security policies have become
increasingly rights-based and all-encompassing. This is because of the
interconnected nature of human rights.The Universal Declaration of Human
Rights, which expresses the right to food, was transformed into a body of law
through the establishment of the two International Human Rights Covenants.
These international human rights treaties are the International Covenant on
Civil and Political Rights and the International Covenant on Economic, Social,
and Cultural Rights. These two international human rights instruments were
created in response to the Universal Declaration of Human Rights. The
Covenant on Economic, Social, and Cultural Rights, which outlines the rights
derived from the fundamental social right to a decent standard of living, is the
most solid foundation for the right to food. In any case, some additional
international and local laws protect the right to food. Both developed and
developing countries can use these tools. What exactly distinguishes the right
to sufficient food from the right not to go hungry? This is the most crucial
question in this situation. They describe the right to food as "the right to be free
from hunger" and "the right to adequate food for health and wellbeing." May
they be pitted against one another? By definition, these definitions are
incoherent. So, what exactly does the "right to food" mean in international law?
Is it a person's right to eat enough to stay healthy or to go hungry? It is possible
to tell the difference between the two. Even though the right to be free from
hunger requires the state to provide adequate quantities and quality of food for
a healthy and active life at all times, states may do everything possible to
promote physical and financial access to such food at all times. The modern
formulation of food and nutrition rights in international human rights law is

33
 based on the broader human right to a decent standard of living. Following that,
two major, legally binding agreements reaffirmed the right to food and
nutrition. The Covenant's signatories agree that “adequate food, clothing, and
shelter” are necessities for everyone and that “the fundamental right of all
people to be free from hunger” is a fundamental right26.
 Universal Declaration on the Eradication of Hunger and Malnutrition

The First World Food Conference, which was held in Rome in November
1974, adopted “every man, women and child has the inalienable right to be
free from hunger and malnutrition in order to develop full and maintain their
physical and mental faculties. Present day society already possess sufficient
resources, organizational ability and technology and hence they are competent
to achieve this objective. Accordingly, the eradication of hunger is a common
objective of all countries of the international community, especially of the
developed countries and others in a position to help”.The Declaration goes on
to say that it is a fundamental responsibility of Governments “to work together
for higher food production and a more equitable and efficient distribution of
food between countries and within countries”. Moreover, priority may be given
to attacking "chronic malnutrition and deficiency diseasesamong the vulnerable
and lower income groups." In sum, “it is the common responsibility of the
entire international community to ensure the availability at all times of
adequate world supplies of basic food stuffs by way of appropriate reserves,
including emergency reserves, all countries may cooperate in the establishment
of an affective system of world food security”27.

Although peasants provide food for everyone, they are also the group most
vulnerable to hunger and malnutrition. This is a problem. The concentration of
land ownership in a few hands and its corporations, as well as the
encroachment of agribusiness on small holder farms, are destroying the
26
SC Asks Six States to End Starvation Amidst Plenty”, The Times of India, Available at:
http://timesofindia.indiatimes.com/articleshow.asp?catkey=- 2128839596&art_id=1665936272&sType=1 (last
visited 16 feb 2023)

27
SC Asks Six States to End Starvation Amidst Plenty”, The Times of India, available at:
http://timesofindia.indiatimes.com/articleshow.asp?catkey=- 2128839596&art_id=1665936272&sType=1 (last
visited 19 march 2023)

34
 subsistence and sustainable agricultural system that has been the cornerstone of
their way of life for centuries. These two things are destroying the system at the
same time. Only a few “multinational corporations have benefited from
globalization, which was facilitated by the G-8 and institutionalized by the
World Trade Organization, international financial institutions” such as the
International Monetary Fund, and multilateral development banks such as the
World Bank and the Asian Development Bank. Because they have a monopoly
on “food, genetic resources, and agriculture, they have forced other countries to
accept the dumping of subsidized, unhealthy food and agricultural products and
inputs”, such as chemical pesticides and fertilizers. They now control
agriculture as well. By imposing debt bondage, the World Bank and IMF's
market-oriented land reform model undermines national governments' ability to
implement true agrarian reform. Its goal is to provide more land to the landed
elite rather than to provide access to land for those who do not have it. Through
its privatization program, the Asian Development Bank seeks to transfer
peasant rights and access to water as a public resource to private businesses and
large producers. This is done to increase the bank's profits.

 Convention on the Rights of the Child

Nutrition is addressed in two articles of the Convention on the Rights of the

Child. “States Parties to the Convention are required to put in place the
necessary measures to combat disease and malnutrition through the provision
of wholesome food, clean water, and medical care” because they recognize the
child's right to the best possible health. 28 This clause states that Convention
States Parties recognize the right of the child to the best possible health.States
parties shall also take appropriate measures “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 knowledge of child health
nutrition and the advantages of breast feeding”.

State Parties are required to provide financial and material assistance as

needed, particularly for housing, clothing, and nutrition programs. Other
28
Sainath, P., “Rajasthan's Drought: Abundance of Food, Scarcity of Vision”, The Hindu, available at:.
http://www.hinduonnet.com/thehindu/2001/03/18/stories/13180611.htm (last visited18 jan 2023)

35
 clauses, such as those asserting the right to life and health, or the requirement
that states parties to the Convention on the Rights of the Child take appropriate
steps to reduce infant and child mortality, would have strongly implied the
human right to adequate food. This would be true even if the human right to
adequate food had not been explicitly stated. The Convention on the
Elimination of All Forms of Discrimination Against Women and other binding
international human rights agreements aid in the creation of relevant rights. The
United Nations Food and Agriculture Organization has identified a large
number of authoritative international documents that address the human right to
adequate food. These instruments come from a variety of countries.

 International Covenant on Economic, Social and Cultural Rights

The right to food is addressed in this instrument, which has been ratified by
144 states and does so in a more comprehensive manner than any other treaty.
This covenant elucidates the fundamental economic principles of living, one of
which is the right to adequate nutrition. The following is a description of the
Right to Food as outlined in “Article 11 of the International Covenant on
Economic, Social, and Cultural Rights”:

“The State Parties to the present Covenant recognize the right of everyone to
an adequate standard of living for himself and his family including adequate
food. 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. The State Parties to the present Covenant,
recognizing the fundamental right of everyone to be free from hunger, shall
take, individually and through international cooperation, the measures
including specific programmes, which are needed: to improve methods of
production, conservation and distribution of food by making full use of
technical and scientific knowledge, by disseminating knowledge of the
principal of nutrition and by developing or reforming again system in such a
way as to achieve the most efficient development and utilization of natural
resources; taking into account the problems of both food-importing and food-

36
 exporting countries, to ensure an adequate equitable distribution of world food
supplies in relation to need”.29

This Covenant emphasized the right to self-determination, as well as the

principle that "never shall a person be deprived of its own means of
subsistence," implying that every human being has an inherent right to life. It
went on to say, "A person shall not be subjected to torture or cruel, inhuman, or
degrading treatment under any circumstances." This demonstrates
unequivocally that everyone has a right to adequate food and other life
necessities. The General Comment and The Right to Adequate Food were
recently released by the UN Committee on Economic, Social, and Cultural
Rights. The committee on Economic, Social, and Cultural Rights significantly
added to the body of knowledge in international law with this declaration. The
general commentary begins with an examination of the theoretical foundations
of the constitutionally protected right to food. It distinguishes between the
demand in the second paragraph of that Article for the protection of the
fundamental right to be free from hunger and malnutrition and the mention in
the first paragraph of an adequate standard of living, which includes adequate
food. The first paragraph of this article mentions a sufficient standard of living
and adequate food. This suggests that more immediate and urgent action may
be required to protect the right to be free of hunger and malnutrition. As a
result, food insecurity is less indicative of serious and urgent issues than hunger
and malnutrition. The right to adequate food must be realized in stages in order
to be realized quickly. To prevent and alleviate hunger within their borders,
states must first take the necessary actions. To ensure adequacy, it is critical to
consider whatever is appropriate given the current situation. Food security
necessitates sufficient food for both current and future generations, and long-
term sustainability and accessibility go hand in hand. All elements of the care
component of the right to adequate food include the availability of food that is
acceptable within a given culture, free of harmful substances, sufficient in
quantity, and of sufficient quality to meet people's dietary needs. It must also
be made available in ways that are both acceptable and do not interfere with
people's enjoyment of other fundamental liberties. Every state is responsible for
29
United Nations Children’s Fund, The State of the World’s Children (New York: UNICEF, 2002) available at:.
http://www.unicef.org/sowc02summary/table1.html (last visited 22 feb 2023)

37
 ensuring that everyone within its borders has access to nutritive and risk-free
food, as well as the bare minimum required to keep people from going hungry.
The commitment is expected of everyone who is governed by the state. As a
result, restricting immigrants' or refugees' access to the country, regardless of
their legal status, is unacceptable. It is not acceptable to limit the obligation to
only citizens or individuals from a few distinct ethnic groups. The obligation
includes populations subject to military occupation.30

 International Humanitarian Law and Human Rights Commission

Resolutions

The right to food must be protected in countries experiencing armed conflict as

well as against those who wish to use hunger as a political tool. Many
international humanitarian law provisions apply to food security. The four 1949
Geneva Conventions, to which 189 states have signed, and the two additional
Protocols contain the fundamental principles of international humanitarian law.
This includes the rules for relief and humanitarian assistance, which state that
relief cannot be incorporated into national law, the prohibition of using
starvation as a weapon of war, the prohibition of attacking or destroying things
essential to the population's survival (such as food, agricultural land, and
drinking water supplies), the prohibition of forcibly displacing people (which
affects access to land and food), and the prohibition of forcibly displacing
people (which affects access to land and food). There are also provisions that
prohibit forcible population transfers (which affects access to land and food).
Parliamentarians Can monitor and encourage the successful implementation of
the legal framework. If they act morally, they will be a formidable force in the
fight against hunger.

Food holds a special place in international humanitarian law. In April 2001, the
International Committee of the Red Cross submitted a statement to the United
Nations Commission on Human Rights titled "The Right to Food." The
International Committee of the Red Cross outlined the most important rules

30
SC Asks Six States to End Starvation Amidst Plenty”, The Times of India, available at:.

http://timesofindia.indiatimes.com/articleshow.asp?catkey=-
2128839596&art_id=1665936272&sType=1(last visited 19 april 2022)

38
 that apply to this situation in this statement. The intentional starvation of
civilians as a weapon of war during an international armed conflict is
considered a war crime under the Rome Statute of 1998, which established a
permanent International Criminal Court. This may be the first topic of
discussion. Starving civilians on purpose during an internal armed conflict is a
serious violation of international humanitarian law. Because it is a war crime,
this is the case31. The International Humanitarian Law clause specifically
prohibiting the use of starvation as a weapon of war against civilians applies to
both international and domestic armed conflicts. This rule is broken not only
when someone dies as a result of a lack of food or the inability to obtain it, but
also when there is a food shortage and people go hungry. As an extension of
the principle that starving civilians is illegal, international humanitarian law
expressly prohibits attacking, destroying, removing, or otherwise rendering
useless objects necessary for civilian survival. Food, agricultural land used to
raise crops, livestock, and food products, drinking water supply infrastructure,
and irrigation projects are all examples. Unless security or military
requirements require otherwise, the term "population displacement" generally
refers to civilians in both international and non-international armed conflicts.
The forced transfer of civilians is a war crime and a form of armed conflict,
according to the Rome Statute. Finally, International Humanitarian Law
establishes specific guidelines for assisting civilians during armed conflicts.
When essential supplies for the survival of the civilian population are in short
supply, parties to a conflict are required to allow impartial, humane relief
efforts. This includes food distribution operations. Humanitarian law demands
that obligations be met immediately rather than gradually; it applies to both
government and non-government actors; and it forbids exceptions or
derogations. All of these factors contribute to the effectiveness of human rights
legislation.32

In 2004, the governing Council of the Food and Agriculture Organization

unanimously approved voluntary guidelines on the progressive realization of
the right to adequate food within the context of national food security. These
recommendations are also known as the Right to Food Guidelines. The
31
Singh, Tavleen, Grain of Untruth, India Today, May 28, 2001.
32
Slater, Joanna, The Problem of Plenty, 45 (Far Eastern Economic Review, 5th ed., 2001)

39
 implementation of these recommendations increased global food security
significantly. The Universal Declaration of Human Rights, the International
Covenant on Economic, Social, and Cultural Rights, the Convention on the
Rights of the Child, and the Convention on the Elimination of All Forms of
Discrimination Against Women all recognize the human right to adequate
nutrition. The right to adequate nutrition is recognized in both the African
Charter on Economic, Social, and Cultural Rights and the African Charter on
Human and Peoples' Rights. Legislative safeguards are critical, but they are
only one of several steps that must be taken to ensure that the right to food is
realized on a national scale. The 2005 Niger food crisis highlighted very
specific aspects of the economic access component of food security. In the
international media, the crisis was frequently referred to as a famine, implying
a large number of deaths when many people were barely surviving and
suffering. The price of basic cereal commodities unexpectedly increased due to
unusual economic decisions made in Niger's neighbor, Nigeria. As a result,
many people who were already on the verge of food insecurity were unable to
afford the commodities. However, the cost was simply prohibitively expensive
for a sizable portion of the population. Similarly, the 2008 global food price
crisis convinced many economists, development economists, agro-economists,
and other relevant experts that they played an important role in a
multidisciplinary framework. Because of the crisis, the vast majority of people
on the planet, particularly in developing countries, were unable to obtain food.
The third report in the World Food Programme's (WFP) World Hunger Series,
Hunger and Markets, was released in 2009. This publication gives readers
access to the vast majority of the information currently available about
economic food access, which is an important step forward in the advancement
of food security.

 Food Entitlements and Food Security Act

When attempting to piece together India's evolving stance on food rights and
food security, it is essential to take into consideration a number of key
historical and legal events that have taken place in the nation. These events
include the Indian Food Security Act of 2006 and the Right to Food Act of
2005. Acts such as the National Food Security Act of 2006 and the Indian Food

40
Security Act of 2006 are examples of these occurrences. The following is a
condensed version of a few of the most important events that transpired prior to
the passage of the Food Entitlements and Food Security Act and the subsequent
recognition of adequate nourishment as a fundamental human right. The
culmination of these events was the acknowledgement of the human right to
sustenance sufficient for one's needs. This section provides a rundown of the
events, organised chronologically according to the order in which they took
place. The decade of the 1960s, during which there was an abundance of
cereals, may be seen as a possible point of origin for the significant increase in
agricultural productivity that was brought about by the Green Revolution. This
was due to the fact that there was an abundance of land available for farming.
The fact that there was a plenty of grains available all during this decade lends
credence to this hypothesis. Even though the country was able to satisfy its
urgent food requirements, it continued to battle with issues that were related to
the distribution and accessibility of food despite the fact that it was successful
in meeting its urgent food requirements.

Article 21 of the Constitution of India, which is titled "Right to Life," was the
first location in which it was accepted that having access to food is a
fundamental human necessity. The recognition was made in the context of
India's independence movement in the early 20th century. This
acknowledgment took place within the framework of a conversation over the
right to life. In the year 1950, this provision was included in the
aforementioned text as an added clause. The United States Supreme Court has
decided that it is the responsibility of the government to ensure that all of its
citizens have access to sufficient food and that this responsibility must be met.
After determining that the right to sufficient access to food is a fundamental
human right, the court arrived at this verdict as a result of its earlier decision.
The decision that the court reached in this case was widely regarded as being
among the more important decisions. It is obvious that the state must fulfil its
responsibility to ensure that every child has access to a nutritious diet. A
commission for human rights was established in accordance with the

41
 constitution, with the mandate to monitor all human rights, investigate
complaints of violations, seek redress for those violations, and raise public
awareness of human rights issues. In addition to upholding the right to food,
the legal systems of developed countries interpret and defend it. 33 The findings
of the second National Family Health Survey, which was conducted between
1998 and 1999, shed light on the issue. According to this survey, 52% of adult
women in India are anemic, 47% of all children in India are undernourished,
and 36% of Indians have a BMI less than 18.5, which is typically associated
with chronic energy deficiency. These nutritional deficiencies have a serious
negative impact on the Indian population's health, happiness, and future
prospects. Hunger and malnutrition are the most basic forms of deprivation that
have a significant impact on a person's quality of life. Inadequate nutrition is
also linked to a lower ability to learn, a higher risk of developing a disease, and
a variety of other limitations that limit people's and society's opportunities.
Globally, India is one of the countries with the highest rates of malnutrition.
True, the country now produces enough food to feed every resident at the same
time. It is now common practice in some parts of India to blame sudden
increases in hunger on short-term natural occurrences such as hurricanes or
droughts. The following is a common justification. These are one-time
occurrences that are thought to be brief deviations from the norm. There is no
longer the same level of widespread hunger in India as there once was. On the
other hand, this upbeat assessment of India's food situation ignores the
country's widespread and ongoing malnutrition.34 The lives of so many people,
who are already on the verge of famine or starvation under normal conditions,
will be severely impacted by any temporary disruptions in the food system
caused by natural disasters. India possesses the resources to feed everyone in
the country, but it does not. Many millions of people in India are forced to live
with chronic illnesses or illnesses that are considered normal but are
incompatible with basic human needs. Along with the New Agricultural
Strategy, a policy of domestic price support, market exclusion, and input

33
Devraj, Rani, “India: Farmers Protest Against Globalization”, Third World Network, available at:
http://www.twnside.org.sg/title/protest.htm (last visited 14 April 2022)
34
Dreze, Jean, “Starving the Poor – I”, The Hindu, available at:
http://www.hinduonnet.com/thehindu/2001/02/26/stories/05262524.htm last visited 21 Nov 2022

42
 subsidies was implemented (NAS). This fruitful endeavour resulted in the well-
known Green Revolution. Food production and distribution in India has
become a less contentious issue. India has achieved cereal grain "self-
sufficiency." Decision-makers in the Indian government have rejected the
Soviet model. It was widely discussed to sell public sector properties and
eliminate the Public Distribution System, also known as rationing. On the other
hand, as Western economies advanced, new concerns about the safety of
necessities such as food began to emerge. As a result of these larger global
issues, the Indian government has recently expressed concerns about food
safety. India actively participated in the development of the international
agreement known as the Agreement on Agriculture during the Uruguay Round
of the General Agreement on Tariffs and Trade. This international agreement
was created by the World Trade Organization. Both parties signed the contract
on January 1, 1995. The United Nations Food and Agriculture Organization
defined food security as "the condition that exists when all people, at all times,
have access to sufficient, safe, nutrient-dense food to maintain a healthy, active
life" at the 1996 World Food Summit. This concern was defined at the time as
"existing when all people have constant access to adequate, safe, and nutritious
food." The Millennium Development Goals, which had a deadline of 2015,
were endorsed by world leaders at the Millennium Summit in 2000. The
Organization for Economic Cooperation and Development (OECD), the World
Bank, and the International Monetary Fund all contributed to the development
of these policies, in addition to the United Nations and various conferences
organized by the UN. Every person has the right to respect, equality, freedom
from hunger and violence, as well as a standard of living that promotes
tolerance and community, according to the Declaration of Human Rights.35

Naturally, there were internal concerns about the food supply's security.
Despite the fact that the country was self-sufficient in food grains, there were
many severely malnourished people throughout the country. Rats at the Food
Corporation of India chewed on stacked sacks of food, causing people to starve
to death, according to numerous media reports. People's Union for Civil
Liberties (Rajasthan) petitioned the Supreme Court in May 2001, requesting
35
Wikipedia, National Food Security Act, 2013, retrieved from https://en.m.wikipedia
.org/wiki/National_Food_Security_Act, 2013. (Last visited 21 Nov 2022)

43
 that the nation's food reserves be used to alleviate hunger and starvation. The
food must be used to feed the hungry, according to the petition. The phrase
"hunger in a land of plenty" piqued the interest of government officials,
activists, and the media. The Supreme Court issued an interim order on
November 28, 2001, allowing the court to consider the petition, postponing the
petition filed by the People's Union for Civil Liberties. The directive to serve
hot lunches to elementary school students was unquestionably the most
significant of these initiatives. Under Kirit Parikh's leadership, the Working
Group on the Public Distribution System and Food Security delivered its report
in November 2001. It was made abundantly clear that the PDS was not going
away, despite the fact that it was acknowledged that it was not performing
optimally in India. The National Human Rights Commission explained how the
right to food is based on the constitution in January 2003. It did so by referring
to Article 21 of the Indian Constitution, which states that every Indian citizen
has a fundamental right to life and freedom. According to the National Human
Rights Commission and the law, the inherent right to food is part of living a
dignified life.36 The Global Food Security Act was passed in 2009 with the goal
of assisting other countries, among other things, in improving emergency
response to food crises, promoting food security, and boosting rural economies.
President Barack Obama has called for a comprehensive food security strategy
to address the ongoing hunger that affects nearly one billion people worldwide.
The Council of the Food and Agriculture Organization of the United Nations
held the World Summit on Food Security in Rome from November 16 to 18,
2009. According to the Food and Agriculture Organization, persistently high
prices in developing countries are contributing to a decline in global food
security, as well as an increase in poverty and unemployment due to ongoing
economic crises. They've taken this stance. The Summit's declaration included
pledges from all countries to significantly increase agricultural support and end
hunger as soon as possible.37 The goal of this action was to help the world's one
billion hungry people become more self-sufficient. 38 The countries also agreed.

36
J. N. Pandey. Constitutional Law of India 45 (Allahabad: Central Law Agency, 7th ed., 2008).
37
Naveen Bhartiya, Legal Justification of Right to Food in India, Slideshare, available at:
http://www.slideshare.net/nbhartiya/legal-justification-of-right-to-food. (visited on 7th June 2022).
38
2 Jean Dreze, Democracy and Right to Food, Economic and Political Weekly, 24th April 2004, available at:
https://casi.sas.upenn.edu/sites/. (visited on 25th August 2022)

44
The World Food Summit Resolution, it was claimed, lacked original ideas. On
the other hand, it has been made abundantly clear that one of the Millennium
Development Goals that developing countries may seriously prioritize is
ensuring that everyone has enough food. Food security was not addressed by
the United Progressive Alliance government until much later. Global attitudes
have a significant impact on how the National Food Security Act is
implemented, just as British attitudes influenced famine relief efforts in India
prior to the country's independence. Despite earlier concerns about food
security, the Millennium Development Goals, the Agreement on Agriculture,
and the Global Food Security Act ultimately drove the National Food Security
Act. With the introduction of a bill in Congress that will establish a law that
will guarantee all citizens and permanent residents of the country dignified
economic and social access to sufficient food and other components of healthy
nutrition at all times, the fundamental right of all citizens and permanent
residents to be free from hunger, malnutrition, and any other forms of
deprivation linked to a lack of food has been realized. There is a lot of work
involved in implementing food security at the national level. International
standards must be followed, and political will is required. To make a promise a
reality, legislation must be passed, specific policies must be implemented, and
programs must be implemented the majority of the time. In 2001, a civil
liberties NGO in the state of Rajasthan filed a lawsuit, which accelerated
India's efforts to improve its food security. The plan's goal was to ensure that
the country's food reserves were depleted as quickly as possible during a severe
drought. The Supreme Court of India has issued several significant interim
orders while deciding whether to issue a final ruling in the case. As a result of
these formalizations, the federal and state governments have been forced to
take costly measures to improve food security. To put it another way, the issue
of food security has been recognized as a result. The court also ordered the
concerned governments to inform the people of their legal right to food as soon
as possible. These orders have also had a significant impact on daily life. They
played a key role in enacting India's law requiring all students enrolled in
public or publicly supported primary schools to receive a midday meal. The
world's largest school meal program currently serves more than 50 million

45
 cooked meals per day39. The Right to Food Campaign developed a list of
“essential demands” for the National Food Security Act after internal
deliberations that culminated in a full-day national convention on September
17,2009 in Delhi. These requirements were developed directly as a result of the
discussions. The "essential demands" of the campaign situate the Act in the
context of India's ongoing nutritional crisis and the need to address the
structural causes of hunger. The United Progressive Alliance's modest pledge
to give 25 kilograms of grain to households that fall below the poverty line at a
cost of three rupees per kilogram is far from the comprehensive “Food
Entitlements Act” that the campaign is advocating. A universal Public
Distribution System that provides 2.8 kilograms of edible oils, 5.25 kilograms
of pulses, and at least 50 kilograms of grain for each family is included in the
proposed Act, in addition to an overarching obligation to prevent hunger for
everyone and to promote sustainable and equitable food production.
Additionally, there are special food benefits for families in need, such as an
expanded Antyodaya program, and all entitlements created by recent
legislation. The campaign also argues that the Act must have extensive
accountability and grievance redress provisions. These provisions may include
compensation for those whose benefits have been denied, as well as mandatory
fines for any Act violations.

39
Jyoti Kiran, Enforcing Right to Food in India, Legal Service India, Available at:
http://www.legalserviceindia.com/artilcles/en_food.htm. (visited on 31st May 2022).

46
 CHAPTER 3:

LEGAL REGIME FOR FOOD SECURITY

“Striving to ensure that every child, woman and man enjoys adequate food on
a regular basis is not only a moral imperative and an investment with
enormous economic returns; it also signifies the realization of a basic human
right”.
Jacques Diouf, Director-General, FAO

3.1 Introduction
India is experiencing famine, Despite the fact that its GDP has been steadily
increasing in recent years, its rates of malnutrition, illnesses caused by
starvation, and death remain shockingly high. These figures are even more
startling when compared to nations at India's developmental stage, such as
China, because they highlight the paradoxical relationship between India's
rising overall wealth and its stagnant and, in some cases, declining nutritional
intake. This is because the comparisons highlight how paradoxical it is for
India's wealth to be increasing while its dietary intake remains constant or even
decreases.40 A person's quality of life suffers greatly when they lack adequate
food security, and they risk dying. Food security may be considered a
fundamental human right and addressed with the same zeal as other
fundamental human rights because, logically, humans need to eat in order to

40
National Food Security Act, 2013 Available at: http://indiacode.nic.in/acts-in-pdf/202013, (visited on 15th
May 2022).

47
survive and adequate nutrition in order to flourish, which means they need to
be able to participate in the economic, cultural, and political activities that
define our modern human existence. However, many people continue to
question whether there is such a thing as a right to food and how it can be
protected and realized through national constitutional recognition. India, on the
other hand, has decided that it will not tolerate a human rights violation until a
solution is found. Instead, India has decided that a person's right to food
deserves national legislation and is legally justifiable. The historic Indian
initiative to create and increase food security is the subject of this investigation
because this is the question that will be investigated. The Constitution of a
country plays an important role in the realization of the right to food and the
provisions for food security because it is the supreme law of the land and the
foundation of all political power within the nation. This is true because the
Constitution is the source of all political power. It establishes checks and
balances and limits on its power to create and regulate government. One of the
most important political principles of democracies and a widely accepted and
respected benchmark of the rule of law is the requirement that all laws and
actions taken by the government be constitutional. As a logical consequence of
the constitution's superiority, it supersedes any legislation that contradicts it. As
a result, neither the people nor the courts will be bound by the contested acts.
Because constitutional provisions apply to the executive branch as well, all
administrative authorities face the same constraints. Any executive or
administrative action that is found to be in violation of the provisions of the
constitution must be invalidated by the courts. Because food security
provisions are included in the constitution, the constitutional court, also known
as the nation's highest court, is qualified to conduct judicial reviews. It also
safeguards those whose rights have been violated. A successful claim Can have
a significant impact on the realization of this right because it Can force the
revision of regulations or laws that are thought to violate it. The inclusion of a
specific provision in the constitution on everyone's right to food, particularly
that of children and women, has significant merit in terms of providing legal
protection for the right to food as such and ensuring freedom from hunger. This
clause may emphasize the rights of women and children.

48
 India has legally established a nutritional floor for each citizen to demonstrate
its commitment to food security and the fulfillment of the right to food. This
demonstrates India's commitment to these two goals. The Supreme Court of
India explicitly stated in a historic interlocutory opinion in the case of the
People's Union for Civil Liberties that the right to food is protected by the
Indian constitution. This choice directly addressed food security in the context
of India. This was done in relation to the People's Union for Civil Liberties
case. The Supreme Court of India issued this historic decision, which not only
ruled that certain government food programs were legal entitlements under the
constitutional right to food, but also specified how those programs were to be
carried out, by, among other things, establishing minimum levels of food grain
and supplemental nutrient allocation for India's poor 41. This order was a
watershed moment in Indian law because it established that certain government
food programs were legal entitlements under both the right to food and the
right to education, as well as the right to food. Despite the global food,
financial, and environmental crises that are making food availability and the
right to food increasingly urgent issues, the People's Union for Civil Liberties
is one of the few instances of adjudication on the right to food. This is due to
the fact that India's constitutional framework includes economic and social
rights. This makes it one of the few cases where the right to food has been
established. On the other hand, thanks to the People's Union for Civil Liberties,
India's ongoing campaign to create and uphold a constitutional right to food is
only partially successful. This pattern has been around for a long time. 42

In July 2001, the People's Union for Civil Liberties filed a Public Interest
Litigation in the State of Rajasthan on behalf of the poor who had not received
the necessary employment and food assistance under the Rajasthan Famine
Code of 1962. This crisis was precipitated by a previous one in India, which
was marked by severe drought, hunger, and unemployment. The People's
Union for Civil Liberties was formed in response to this crisis. The petitioners
sought to enforce a constitutional right to food under Article 32 of the Indian

41
2United Nations human Rights office of the High Commissioner, What are Human Rights, Special Rapporteur
on the Right to Food, International Standards, available at: http://www.ohchr.org/ EN/IssuesFood/
Pages/Standard.asp. (visited on 9th January 2023).
42
Right to Food, Making it Happen, Progress and lessons Learned through Implementation 456 (Rome: The
Food and Agriculture Organization of the United Nations, 4th ed., 2011).

49
 Constitution in response to insufficient government drought relief measures
and the inability to provide subsidized food grains to qualified beneficiaries.
This was done because the government failed to distribute subsidized food
grains to those who qualified. The ruling, which is currently in effect, affects
all state governments and addresses a variety of issues, including malnutrition,
unemployment, and children's growth and development. The case is still
ongoing, despite the lack of final rulings. According to researchers, the
People's Union for Civil Liberties litigation, civil society, and the Commission
appointed by the Supreme Court to oversee the execution of People's Union for
Civil Liberties interim orders all had a significant impact on the case's
outcome. This is covered in their examination of how India meets the right to
food. In order to better understand and implement a right to food in India, the
researcher begins by defining food security and outlining how it has been
conceptualized within legal frameworks.The researcher's investigation into the
state of affairs in India begins here. His research focuses on Indian
constitutional law elements that provided the legal foundation for the PUCL
lawsuit and added a right to food to the Indian Constitution. The right to life, a
fundamental tenet of India's constitution, lays the groundwork for the country's
food security. Article 2 of the Covenant requires states to implement food
security provisions through legislative action. Adoption of a framework law as
the primary tool for implementing national strategies related to the Right to
Food is one of the suggestions made in General Comment. Even if such a legal
and regulatory framework were not required, it would be very beneficial for a
variety of reasons, including the following: 43 It may create space for
participation in decision-making by formalizing the role of communities, non-
governmental organizations, and civil society as a whole. Furthermore, it
would allow for clear delegation of responsibilities to various government
agencies, increasing accountability. Furthermore, which aspects are subject to
legal action and what remedies are available in the event of a violation Can be
specified. The Indian Parliament is in charge of a wide range of
responsibilities. It has the authority to enact legislation on topics on both the
Union and Concurrent lists. Article 249 states that Parliament has the authority

43
What is the Right to Food?|Right to Food, available at:
www.righttofood.org/work-of-jean-ziegler-at-theun/what-is -the right-to-food. (visited on 3rd July 2022)

50
 to enact legislation on any topic on the State List if the Council of States adopts
a resolution declaring that such a matter or matters are of national importance
and interest with a two-thirds majority. The Indian Constitution, on the other
hand, was written with the intention of establishing a prosperous welfare state
in India. Without provisions addressing food security, the Constitution cannot
serve its intended purpose.44

A framework law on food security and the right to food, unlike constitutional
provisions, may use broad language. A “framework law” is a legislative
approach that is used to address issues that cross multiple sectors. The
framework law's provisions are determined by the implementing legislation and
the competent authorities. There are numerous significant benefits to enacting a
framework law on food security. Improved coordination and collaboration can
provide a more precise definition of the scope and content of this human right,
as well as obligations for public and private actors, the necessary institutional
mechanism, and the legal foundation.

3.2 The International Legal Regime for Food Security

Before delving into India's specific jurisprudential development toward the

discovery and establishment of a constitutional right to food, it is critical to
recognize that adequate legal protections for the right to food existed in that
country prior to the establishment of a right to food. For more than 50 years,
the right to food has been explicitly stated in international law, and India has
played a role in ensuring that it is included in the current international
framework for human rights45. National action in support of the right to food, in
contrast to more general international agreements, requires the state to produce
a more detailed development of the right and its contextual operationalization,
such as the lawsuit brought by the People's Union for Civil Liberties in India.
This is because promoting the right to food at the national level has the
potential to have a much greater impact. Because the domestic contexts in
which the right is exercised are so diverse, both national and local actions are
required to meet the needs on the ground. Given the ever-changing
44
Naveen Bhartiya, Legal Justification of Right to Food in India, Slideshare, available at:
http://www.slideshare.net/nbhartiya/legal-justification-of-right-to-food. (visited on 7th June 2022)
45
Basu, D.D., Shorter Constitution of Indian 41 (Wadhwa Book Company, Lucknow, 4th Ed. 2011)

51
 circumstances at the national and local levels, it is also necessary to develop a
more adaptable national action framework to address violations of the right to
food as soon as possible. In terms of the right to food, national actions are
primarily responsible for enforcing international human rights laws. As a result,
the local, national, and global human rights movements collaborate and share
information. Because progress at one level can lead to progress at another,
understanding the larger international context in which the Supreme Court's
case exists is critical. Numerous national constitutions address, or at least
mention, the issue of food security. The constitutional recognition of food
security provisions can be established in four ways. Priority recognition as a
component of one or more other human rights or as a separate human right
countryhas explicitly stated that they recognize these clauses as an individual's
human right. In nine of these countries, the right is recognized as a distinct,
universally applicable right, whereas in ten, food security is only required for
specific population groups, such as children. Five countries' constitutions
explicitly recognize the right to food as part of another fundamental human
right. When this is mentioned as part of the human right to a high quality of
life, an adequate standard of living, or development, it is frequently compared
to Article 11.1 of the International Covenant on Economic, Social, and Cultural
Rights. Certain constitutional safeguards for an individual's "right to food"
specifically mention the "right to food" component of the primary right under
consideration. Constitutional rights that expressly recognize a specific aspect of
the right to food are included in this subcategory. As an example, consider the
constitutional right to a healthy diet. The subcategory includes the right to food,
which is an important component of the right to work46.

Second, countries whose founding documents guarantee additional basic

human rights, such as those in which the right to food is assumed to be
included based on how international law interprets those rights. These countries
make no specific mention of food or nutrition. These rights include the right to
development, the right to a living standard that is not subsistence-level, the
right to well-being, the right to the means to live a dignified life, and the right
to an adequate or decent standard of living. Food security is implicitly

46
Writ Petition (Civil) No. 1081 of 1987, Decided on Jan 9, 19891989 Suppl (1) SCC258; AIR 1989 SC 677

52
protected by the right to a living wage, social security, assistance for the needy,
special care for orphaned children, support for working mothers before, during,
and after childbirth, and assistance for the elderly and disabled. In some
countries, there are even laws that provide additional protection if the family's
primary provider dies. Third, states that do not explicitly recognize food
security make reference to the right to food or food security, as well as
improving nutrition and living standards, in provisions outlining state policy
goals or guiding principles. This is true despite the fact that neither their
fundamental laws nor their bills of rights specifically mention food security
provisions. Directive principles are another name for principles. They
frequently depict societal ideals, even if they may not have accurately reflected
prevailing social reality at the time they were written. Most of the time,
especially in the socioeconomic sphere, these constitutional provisions serve as
a guide for government policy; however, they are not regarded as protecting
individual or justifiable rights.

The application of directive principles varies greatly between countries. Even

though the directive principles were initially only non-binding
recommendations, the current Supreme Court of India has interpreted the
constitutional right to life to include the right to food. The State Policy
Directive Principles outline the constitutional provisions on which this
interpretation is based. Naturally, in their list of guiding principles, the vast
majority, if not all, of constitutions include an indirect reference to the right to
food. They accomplish this by focusing on social justice or general well-being
in particular. Many other countries' constitutions guarantee other human rights,
but they may not always include provisions for food security. Those with the
right to life and the right not to be tortured or subjected to other inhumane
treatment are particularly affected. As a result, just because a state's
constitution does not explicitly recognize the right to food does not imply that
the right is not adequately protected at the national level. The interpretation of
the right may include additional human rights, but this is dependent on the
nation's legal history. This right can be implemented by combining it with other
constitutional provisions and the state's overarching commitments or guiding

53
 47
principles. A person may rely on certain state policies, such as those that
support health and safety, the right to work, and the right to social security, in
addition to the rights guaranteed by the constitution, if they are unable to find
work or are unable to work. As previously stated, the Indian Supreme Court
has expanded the fundamental right to life by applying directive principles. It
also establishes a dynamic relationship between the Fundamental Rights and
the Constitution's Directive Principles. This creates a mechanism to enforce the
Directive Principles as individual rights. A number of international treaties that
protect the right to food have been ratified by India. One such document is the
Universal Declaration of the Right to Food. The Universal Declaration of
Human Rights, adopted by the United Nations in 1948, recognized food access
as a fundamental human right. Following that, India ratified the right to food as
part of its commitment to the International Covenant on Economic, Social, and
Cultural Rights. In General Comment 12.37, the Committee on Economic,
Social, and Cultural Rights defines the "right to food." Furthermore, India has
ratified the International Convention on the Elimination of All Forms of
Discrimination Against Women as well as the International Convention on the
Rights of the Child. Both of these treaties, which provide a more detailed
explanation of the right to food, have been ratified by India. In addition to these
legal obligations, India has demonstrated its political commitment to ensuring
that its citizens have adequate food by signing a number of political
declarations, such as the World Food Summit's Rome Declaration in 1996.
Despite the fact that all of these legal documents acknowledge the existence of
this right, none of them provide a particularly detailed explanation of the
obligations placed on state parties to ensure the fulfilment of the right to food.
As a result, countries such as India must implement national programs to shape
this right.48

Despite the fact that international human rights law and legal frameworks have
established a legal precedent for this right, the majority of work done to enforce
and fulfil India's right to food has not been presented in terms of international
human rights. The right to food, on the other hand, has been primarily
47
Naveen Bhartiya, Legal Justification of Right to Food in India, Slideshare, available at:
http://www.slideshare.net/nbhartiya/legal-justification-of-right-to-food. (visited on 7th June 2022).
48
Constitution of India-Ministry of law & Justice, available at: http://lawmin.nic.in/olwing/coi/coienglish/coi-
4March2016.pdf. (visited on 20th January 2023)

54
interpreted as a universal fundamental right, the foundation of which is based
on specific principles of Indian constitutional law. In fact, India's right to food
reflects a determination to provide its citizens with a minimum amount of
nutrition by establishing domestic legal institutions and governance structures.
This pledge was made in the document concerning the right to food. The
People's Union for Civil Liberties' petitions and interim orders are perhaps the
best examples of this adherence to domestic human rights standards. The
organization brought this lawsuit. In contrast to India's obligations to uphold or
fulfil the rights outlined in international human rights treaties, these primarily
rely on arguments based on domestic law and precedent.

By relying on domestic law to identify, decide, and carry out a constitutional

right to food, India asserts its confidence in its sovereignty and position with
regard to international human rights organizations. This decision reflects a
broader belief in India's ability to protect and advance human rights. Despite
the fact that the Indian Constitution requires the state to “promote respect for
international law and treaty obligations”, Indian institutions are primarily
focused on internalizing these norms and improving national instruments'
ability to implement them. This is the situation, despite the fact that the Indian
Constitution requires the government to “promote respect for international law
and treaty obligations”. In accordance with Article 40 of the International
Covenant on Civil and Political Rights, India submitted its third periodic report
to the Human Rights Committee:

“India firmly believes that in the matter of implementation of the provisions of

the Covenant, what is of paramount importance is the country's overall
performance and its resolve to translate into reality the enjoyment of right by
its people, to be viewed from the Constitution and the laws as well as the
effectiveness of the machinery it provides for enforcement of the rights. India's
dedication to its Constitution and laws is illustrated in an analysis by Rajat
Rana of 46 Supreme Court decisions regarding human rights from the years
1997-2008, which suggests that the Supreme Court rarely relies on or follows
international human rights norms in reaching a decision’s while the justices
mention international human rights norms in their opinions, those norms do
not regularly play a significant role in reaching a final decision. Rather,

55
 emphasis is on the Court's own precedents.Further analysis of Supreme Court
cases suggests that the Court is likely to explicitly follow international human
rights norms in reaching a decision only in the absence of any domestic law
that provides for effective enforcement of the human rights in question”.49

In Apparel Export Promotion Council v. A.K. Chopra, for example, the Court
notes that “courts are under an obligation to give due regard to the
International Conventions and Norms for construing domestic laws more so
when there is no inconsistency between them and there is a void in domestic
law”.Further evidence of India's reluctance to ratify the Optional Protocol to
the International Covenant on Economic, Social, and Cultural Rights can be
found in its preference for domestic mechanisms for the protection, promotion,
and fulfillment of the right to food, as well as its unwillingness to cede this
authority to external or international adjudicative bodies. Alternatively, “India
prefers to protect, advance, and realize the right to food through domestic
means. Despite being bound by the International Covenant on Economic,
Social, and Cultural Rights and other international legal documents promoting
economic and social rights, India primarily relies on domestic law and has
focused most of its efforts on incorporating human rights into the Indian
Constitution, such as the right to food”. This is to ensure that India meets its
obligations under the International Covenant on Economic, Social, and Cultural
Rights, as well as other international treaties that support economic and social
rights. We will now focus on this system because the right to food was
developed and fought for within a domestic legal framework in India.

3.3 Legal Regime for Food Security in India

Given that food security is expressly guaranteed by the Indian constitution,

Indian citizens are likely to have greater access to it than people in countries
with comparable international safeguards. India has a strong national protection
system as a result of the Constitution's provision for food security. The “duty of
the State to raise the level of nutrition and the standard of living, and to
improve public health” is outlined in Article 47 of the Constitution's "Directive

49
Naveen Bhartiya, Legal Justification of Right to Food in India, Slideshare, available at:
http://www.slideshare.net/nbhartiya/legal-justification-of-right-to-food. (visited on 7th June 2022)

56
 Principles" section. The majority of the development of food security
provisions has taken place within the context of Article 21, which is valid,
enforceable, and includes a right to life. It's also in the section of the
Constitution dealing with fundamental rights. Given the origins and design of
the Indian Constitution, the People's Union for Civil Liberties' transformation
of food programs into legally enforceable entitlements is particularly
significant. The Indian Constitution classifies economic, social, and cultural
rights, such as the right to food, as "directive principles of state policy" that
cannot be justified in order to place more emphasis on civil and political rights
than economic, social, and cultural rights. This is one of the factors that has
contributed to the remarkable transformation of food assistance programs into
legal entitlements50. Economic, Social, and Cultural Rights were only made
enforceable under the Indian Constitution as a result of a lawsuit and
subsequent court orders brought by the People's Union for Civil Liberties. This
study examines India's Constitution and judicial traditions, as well as the
current legal landscape preceding and surrounding the initial People's Union
for Civil Liberties petition, to explain how and why the Supreme Court came to
recognize the right to food as a justifiable fundamental right rather than an
inspiring judicial principle. The purpose of this research is to provide a
comprehensive examination of the factors that influenced the Supreme Court to
declare the right to food a fundamental freedom. if the unthinkable happens It
is critical that they begin their investigation with a concise account of the
drafting of the Indian Constitution. They may explain how it evolved from
colonial independence to today, when it serves as a legal foundation for the
tenacious promotion of social and economic rights. The next step in our
examination of the current Constitution will be to investigate the legal
underpinnings of the right to food. We conclude by discussing India's long
history of judicial activism and how the Supreme Court has used constitutional
interpretation to avoid legislative action. The Indian Constitution does not
explicitly mention a fundamental right to food, but because it recognizes a
much broader set of rights, it serves as the foundation for the right to food's
justification. The right to food is one of the most important components of the

50
Jyoti Kiran, Enforcing Right to Food in India, Legal Service India, available at:
http://www.legalserviceindia.com/artilcles/en_food.htm. (visited on 31st May 2022).

57
 right to life, which was guaranteed by the Fundamental Rights. Similarly, it is
the government's responsibility to ensure that no one goes hungry. According
to Article 21 of the Fundamental Rights, the right to life and personal liberty
cannot be taken away from anyone unless that person violates the law. If the
right to a living is not recognized as a component of the constitutional right to
life, a person will be deprived of means of support, rendering those rights null
and void. Life would not only be meaningless and ineffective without this
quality, but it would also be impossible to live. Because the right to life and the
ability to support oneself are related concepts, the only thing that grants the
right to life may be considered a necessary component. However, the
constitutional right to life may be violated if a person's right to a livelihood is
violated in a way that is not consistent with a just and equitable legal
procedure. As a result of affirmative action, the state may not be required to
provide adequate means of subsistence or employment to its citizens; however,
the constitutional right to life may be violated.51

This right was imposed on the State by judicial decisions and is a fundamental
right, which means that it can be used against the State. For example, someone
who is unable to pay their medical bills may be given free medical care as soon
as possible. It's ironic that this article covers so many topics, including AIDS
and employment, pageants, health, and housing.However, since the passing of
decisions in Maneka Gandhi v. Union of India, “Article 21 now protects the
right to life and personal liberty of citizens not only from executive action but
also from legislative action. However, apart from perpetual starvation death,
not a single case yet dealt under this Article, though there is a clear provision of
right to food under it. The basic requirements such as food, shelter and clothing
have no place in the Fundamental Rights.In recent years, the battle against
hunger has been placed at the centre of the development discourse of India.
This has come about mainly due to the efforts of the Right to Food Campaign
and as a direct result of a writ petition filed in the Supreme Court of India. The
petition was filed by the People's Union for Civil Liberties in April 2001 to
seek legal enforcement of the right to food. This case, popularly known as the

51
United Nations human Rights office of the High Commissioner, What are Human Rights, Special Rapporteur
on the Right to Food, International Standards, retrieved from http://www.ohchr.org/ EN/IssuesFood/
Pages/Standard.aspx. (visited on 9th January 2023)

58
Right to Food Case has since become a relying point for trade unions,
activities, grass root organizations and Non-Government Organizations to
make the right to food a justifiable right”.

The Indian Constitution grants Indian citizens numerous rights. Some of these
rights were enshrined as fundamental rights in the Constitution, while others
served as guiding principles for state policy. The right to life and liberty is
guaranteed by Article 21 of the Indian Constitution. According to court
decisions, the term "Life" in this article refers to a humane existence rather than
simply existing or behaving in an animal-like manner. As a result, the state has
a responsibility to provide all of the necessities for a person to live with
dignity. Access to health care, fair and humane working conditions, and
freedom from unreasonable explanations are examples of these necessities.

3.3.1 The Right to Life and Food Security

The interpretation and judicial activism surrounding Article 21, which protects
the right to life as a fundamental principle, is perhaps the clearest illustration of
India's constitutional synthesis between civil and political rights and economic,
social, and cultural rights. This is because, as a fundamental principle, Article
21 protects the right to life. The interpretation of Article 21 of the Indian
Constitution by the Indian Supreme Court has protected the right to live one's
life with dignity and respect. The Court's decision is significant in that it
expanded the right to a dignified life to include the right to food. By including
the right to food in Article 21, the Court transformed it from a directive
principle to a fundamental right that can be defended and upheld. The original
text of Article 21 makes no mention of including this or any other Economic,
Social, or Cultural Rights, making this act of judicial interpretation all the more
intriguing. Although the authors of Article 21 gave it a broad title, "Protection
of Life and Personal Liberty," it appears that the phrase "No person shall be
deprived of his life or personal liberty except in accordance with a procedure
established by law" is focused on judicial safeguards, such as protections
against arbitrary arrest and detention. Article 21 exists in the Constitution for a
reason, and that reason demonstrates that its original intent was to protect
liberty from arbitrary deprivation through procedural safeguards. Between
Articles 20 (Assurance of Conviction for Offenses) and 22, ("Security against

59
 capture and detainment in specific cases"). The titles and bodies of these
articles don't leave much room for interpretation. Article 21's authors did not
specify any specific criminal procedure, in contrast to Articles 20 and 22,
which contain much more detailed information. Given the ambiguity of Article
21's language, the judiciary may have some leeway in determining the scope of
the right to life.52

The origins of Article 21 lend credence to the idea that its authors intended it to
protect the rights of the accused. Because Article 21 is based on the Fifth and
Fourteenth Amendments to the Constitution, American readers will be familiar
with its straightforward language. During the roughly two years it took to write
the Indian Constitution, its authors debated the extent of judicial review that
Supreme Court justices would receive. They also provided several variations
on Article 21. The case for stricter judicial review was defeated. During the
lengthy debate, no one mentioned economic, social, or cultural rights, let alone
any of the other types of rights that may be covered by Article 21. Given the
protracted debate over competing interpretations of Article 21, the absence of
language supporting broader judicial review, and the absence of any reference
to broader notions of "life," it appears that judicial interpretation has
transformed Article 21 into something very different from what the authors
intended. All of these facts imply that judicial interpretation has significantly
altered Article 21 from what its authors intended. According to the People's
Union for Civil Liberties, the Indian Supreme Court has significantly deviated
from the original intent of Article 21. Contrary to popular belief, the
interpretation of Article 21 that includes the right to food is supported by the
Constitution. The history of the Constitution suggests that constitutional
interpretation may be flexible and human rights-focused. The expansion of
Article 21 is one example of this strategy. While some Commonwealth jurists
may recoil at the prospect of importing unjustifiable principles from a section
labeled "Directive" into an article labeled "Fundamental" and judicially
enforceable, Indian legal history not only tolerates but also supports this
practice.

52
Constitution of India-Ministry of law & Justice, available at: http://lawmin.nic.in/olwing/coi/coienglish/coi-
4March2016.pdf. (visited on 20th January 2023)

60
 3.3.2 Human Rights Based Approach to Constitutional Interpretation
The Indian Supreme Court has played a significant role in ensuring that the
Constitution's protections for Indian citizens are upheld since its inception. The
Constituent Assembly hoped that the Constitution would formalize and
broaden the Supreme Court's role as "guardian of the social revolution."
According to the Constitution's history, the Directive Principles' non-
enforceability was intended to be temporary and amendable when the nation
was ready to implement them. When the country was ready to implement the
Directive Principles, they would become enforceable. As early as 1970, the
Indian Supreme Court addressed the goal of achieving the social and economic
justice that India had envisioned when it gained independence, as well as its
mandate to interpret the Constitution in a progressive manner:

“The provisions of the Constitution are not erected as the barriers to progress.
They provide a plan for orderly progress towards the social order
contemplated by the preamble to the Constitution are complementary and
supplementary to each other. . . The mandate of the Constitution is to build a
welfare society in which justice social, economic and political shall inform all
institutions of our national life. The hopes and aspirations aroused by the
Constitution will be belied if the minimum needs of the lowest of our citizens
are not met”.

As it has the authority to interpret the Constitution in its entirety, including any
amendments, the Court can decide when the Directive Principles may be
applied independently. This position now gives the Court the authority to
decide when the Directive Principles will be applied. Judges have anchored this
judicial activism in the Constitution's objectives and ideals for human rights in
more recent decisions and scholarly writing.53

3.3.3. Constitutional Interpretation to Bypass Legislative Action

The Constitution was written with human rights in mind, the judicial branch
may change Article 21 without legislative approval. The Supreme Court, as the
only court in the world with final authority over the text and interpretation of
the Constitution, has ruled that it has the authority to invalidate a constitutional
amendment on substantive grounds if it changes "the fundamental structure or
53
Constitution of India-Ministry of law & Justice, available at: http://lawmin.nic.in/olwing/coi/coienglish/coi-
4March2016.pdf. (visited on 20th January 2023).

61
 framework of the Constitution." As a result, the Supreme Court is the only
court with the authority to declare a constitutional amendment unconstitutional.
The Supreme Court's ability to evaluate the operation of the various branches
of government is the cornerstone of its human rights jurisprudence. The
judiciary's role as human rights defenders justifies such changes in addition to
its function as a check on executive and legislative excess.

3.3.4 Directives Principles of State Policy to Ensure Food Security

The economic welfare approach is now part of the Directives Principles, but
the overarching goal remains the establishment of a socialist welfare state.
These principles demand that the state work to improve the general welfare of
the people by establishing and maintaining a social order based on justice and
sound social, economic, and political judgment. This will be accomplished by
ensuring that all national institutions adhere to this philosophy. Eliminating
disparities in status, amenities, and opportunities not only between individuals
but also between groups of people who live in different places or enjoy
different types of vacations may be the state's top priority. The government
may make special efforts to reduce wage disparities between individuals. All
citizens, men and women alike, must have equal access to adequate means of
subsistence, which is the responsibility of the state. Furthermore, it requires the
state to prioritize public health as well as improving the nutritional status and
living standards of its citizens. Political democracy alone is insufficient, as the
framers of the Constitution recognized.

3.3.5 Panchayat: The Most Powerful Constitutional Apparatus to Ensure Food

Security
It is admirable and commendable that India has recognized the need to feed its
rapidly growing population. Food insecurity has been successfully addressed
by the agricultural industry. Because of its self-sufficiency in food grains, India
can now export its surplus. Food insecurity and unequal access to food
resources persist in the United States, despite significant advances in grain
production. The problem is a lack of food, particularly for those in society who
are most vulnerable.54 Gram Sabha may be able to ensure food security for
needy households for a variety of reasons. Gram Sabha is in charge of

54
Sukhatme, P.V. (1982), ‘Poverty and Malnutrition’ in P.V. Sukhatme (ed.), Newer Concepts in Nutrition and
their Implications for Policy, Maharashtra Association for the Cultivation of Science, Pune

62
 investigating and reviewing the list of low-income families. Two of the most
important duties are easily carried out by the Panchayat: holding fair price
shops accountable to the public and overseeing their operations.

3.3.6 Democratic Control of the Food System: A Constitutional Mandate

One of the economic and social rights that were intended to be the cornerstone
of democracy, particularly in India, is the assurance of one's ability to obtain
food. However, public policy has largely ignored this link since the country's
independence. Apathy has been shown toward epidemic hunger, and
democratic politics and public discourse rarely bring it up. On the other hand,
who is to blame? at some point. Given that the state is required to eliminate all
forms of social discrimination, state responsibility would apply in this case.
However, it is reasonable to assume that the girls' parents bear a significant
portion of the blame for this situation. As a result, determining who is in charge
of ensuring that everyone has enough food can be difficult5556

3.3.7 Legal Framework for Food Security in India

Over the last few years, there has been a noticeable increase in interest in
developing a legal framework for food security. These laws are more
commonly known as "food security laws" than "right to food laws," but their
effects are essentially the same as long as the right to food is explicitly stated.
In the current legal system, civil society is frequently involved in defining
provisions for food security and establishing institutional arrangements for it

3.4 Role of Central-State Governments in providing Food Security

In this research, the researcher will use all reasonable means to present a
unified and comprehensive view of the country's food economy. The central
government makes food policy, but the control orders system oversees the
entire procurement process. Nonetheless, it is critical that state governments
carry out their responsibilities to implement these directives. The procurement
efforts of the Food Corporation of India are greatly supplemented by those of
state-run organizations. These state-run organizations include cooperative

55
Sukhatme, P.V. (1982), ‘Poverty and Malnutrition’ in P.V. Sukhatme (ed.), Newer Concepts in Nutrition and
their Implications for Policy, Maharashtra Association for the Cultivation of Science, Pune
56
World Bank, India: Improving Household Food and Nutrition Security, Rural Development Sector Unit,
South Asia Region (2001).

63
 institutions. State-run organizations produce and store the majority of the
country's food grains for the Food Corporation of India. In exchange, these
offices receive the anticipated fees. As a result, the federal and state
governments collaborate closely to acquire and store food grain in the United
States. They must work together to plan the procurement operation. Credit is
made available at a lower-than-market rate on the recommendation of the
Central Government to the Reserve Bank for the purchase of food grain for
distribution through the public distribution system. The provision of a subsidy
by the central exchequer for the implementation of this policy is a critical
component of the overall strategy to integrate the federal and state governments
in economic management. Because of the high costs of purchasing, storing,
maintaining, and transporting the stock, the state is having difficulty affording
these activities. Until now, the federal government has borne almost all of the
costs associated with these subsidies. As a result, the central government must
continue to manage the food economy. The Indian Constitution delegated
authority over trade and commerce, price control, and food distribution to the
Central Government. The Central Government and the State Governments have
each issued a comprehensive set of control orders in accordance with the Act to
manage the trade, distribution, and pricing of food grains. The goal of these
orders is to maintain price stability. Furthermore, in accordance with the
aforementioned sacred agreements, the national and state legislatures have
approved and are currently implementing a variety of control requests and food
regulations in an effort to promote the distribution of the currently available
food grains.

The main objectives of these control order and food laws have been:

 “To check the undesirable activities of the traders, like hoarding and
smuggling of food grains;
 To check the spiralling of prices of food grains, primarily of rice and wheat;
and
 To assure the supplies of available food grains to the consumers, particularly
the low-income vulnerable sections of the community at fair prices”.

64
 3.5 The Right to Livelihood and the Mahatma Gandhi National Rural Employment
Guarantee Act, 2005

As in the case of the right to education, the Supreme Court also elucidated the
right to livelihood long before the passage of the historical Mahatma Gandhi
National Rural Employment Guarantee Act. The Supreme Court had
recognised the right to livelihood as being an indispensable part of the right to
life. In 1985, in Olga Tellis V. Bombay Municipal Corporation, for example,
the court held that: “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 an adequate means of livelihood and the right to
work, it would be sheer pedantry to exclude the right to livelihood from the
content of the right to life”.

The courts used the Constitution's Directive Principles of State Policy to give
the traditional civil and political right to life a new lease on life. Article 21 now
includes the Directive Principles of State Policy of India, which previously
included the enforceable rights to life, work, and a means of subsistence. As
part of the Common Minimum Program, the Mahatma Gandhi National Rural
Employment Guarantee Act was passed in 2005. This law was passed as part of
the United Progressive Alliance. According to the preamble, the goal of this
legislation is to "improve the livelihood security of households in rural areas of
the country." The Act requires each adult in a rural Indian household to work a
total of 100 days at the statutory minimum wage. The Mahatma Gandhi
National Rural Employment Guarantee Act is primarily motivated by inclusive
economic growth.

3.6 Food Entitlements Act, 2009

With the introduction of a bill in parliament that will establish a law that will
guarantee all citizens and permanent residents of the country dignified
economic and social access to sufficient food and other components of healthy
nutrition at all times, the fundamental right of all citizens and permanent
residents to be free from hunger, malnutrition, and any other forms of

65
deprivation linked to a lack of food has been realized. The Legal Right to Eat
envisions a system of food security and sovereignty in accordance with the
Constitution, in which everyone has the right to a sufficient means of
subsistence and ownership and control of the community's material resources
are distributed to best serve the interests of all. Everyone has the right to food,
personal freedom, and life under the Indian Constitution. Furthermore, a
different section of the Indian Constitution requires the government to ensure
that both men and women have access to adequate subsistence. It is critical to
remember that, according to the Indian Constitution, one of the primary duties
of the state is to improve its citizens' nutritional and living standards.
According to the 1948 All-inclusive Statement of Basic Freedoms, everyone
has the right to a sufficient supply of food. According to the Committee on
Economic, Social, and Cultural Rights and the International Covenant on
Economic, Social, and Cultural Rights from 1966, all State Parties are required
to recognize everyone's right to not go hungry. The signing of the Convention
on the Rights of the Child and the Convention on the Elimination of All Forms
of Discrimination Against Women by the United Nations in 1975 resulted in
additional obligations in this regard. The primary focus of these responsibilities
is the protection of women's and children's rights. At the 1996 World Food
Summit, the Indian government declared that "everyone has the right to safe
and nutritious food, which is consistent with the right to adequate food and the
fundamental right of everyone to be free from hunger." Regardless of whether
Parliament passes legislation, the Indian government believes it is necessary to
consolidate, strengthen, and expand this entitlement system.

The Supreme Court of India in “Chameli Singh v. State of UP” has held that
the fundamental right to life under Article 21 of the Constitution necessarily
incorporates the right to food. In “Peoples Union for Civil Liberties v. Union
of India and others” Supreme Court has further held that the state's
obligations in this regard include ensuring “that the poor and the destitute and
the weaker sections of the society do not suffer from hunger and starvation. It
is therefore imperative to create and enforce legal entitlements and obligations
to ensure that every person is assured physical, economic and social access to
adequate food with dignity as is necessary to lead an active and healthy life. It

66
is also imperative that no man, woman or child sleeps hungry or is
malnourished. All persons have a fundamental right to be free from hunger and
to have access to safe and adequate food. It is the duty of the state to
encourage food production through sustainable and equitable means and
ensure adequate food availability at affordable prices in all locations at all
times. It shall also be the duty of the state to support and expand local and
indigenous food production in the country and prevent the forcible diversion
and acquisition of agricultural lands, water and forests for non-agricultural
purposes”.

3.7 The Essential Commodities Act, 1955

The The Essential Commodities of 1955 established what is now known as the
Designated Public Circulation Framework, formerly known as the Public
Appropriation Framework. It supervises and regulates the production,
manufacture, and distribution of essential goods throughout the country for the
benefit of society as a whole. It enables the state to restrain irrational market
behavior by granting the state broad authority to regulate and oversee the
actions of private actors. The Essential Commodities (Special Provisions) Act
of 1980 was enacted for a limited time during the severe drought that lasted
from 1980 to 1981 to address people who were hoarding essential
commodities, selling them on the black market, and profiting from essential
commodity prices. It was also used to address issues caused by or related to the
extreme drought. The provisions of this Act may be used in an emergency. For
example, when the price of onions reached an absurdly high level, this was
done. The Essential Commodities (Special Provisions) Act and the Prevention
of Black Marketing and Maintenance of Supplies Act, both passed in 1980,
overlap.

67
 CHAPTER 4
NATIONAL FOOD SECURITY ACT, 2013: PROBLEMS
AND ISSUES

4.1 Introduction
Any rational person must accept that India's attempts to ensure a sufficient food
supply throughout the country have been partially successful. This is true for
typical foods such as rice and wheat, as well as ground food, edible oils,
heartbeats, unlimited milk products, eggs, meat, fish, and so on. The bulk of
them are produced in the country to meet consumer demand, while others are
imported or exported (for example, rice, for which India surpassed the United
States as the world's largest exporter in 2012). (For example, edible oils and
pulses). Food accessibility, although its importance, is merely one of several
elements that contribute to food security. Food security is a broad concept. The
other two issues, the food issue and the matter of financial access to food, offer
the most serious difficulty and conundrum. Despite recent great economic
growth in India, the World Bank estimated in 2010 that 400 million people, or
about one-third of the country's population, still live in abject poverty.
According to the United Nations Development Programme's 2011
multidimensional poverty index, India ranked 75th out of 109 countries,
trailing China, Brazil, and Russia. This position has more deprivation in terms
of living conditions, health, and educational opportunities.

4.2 National Food Security Act: Main Issues

The lofty goal of the Public Food Security Act is to immediately improve
India's poor health and historically low appetite. This is an admirable goal. This
action will help to shift the paradigm by replacing the current welfare-based
approach to food security with a human rights-based one. According to the
"rights approach," in order to safeguard a legal right and assure its operational
effectiveness, it must be adequately executed.

4.2.1 Rationale
The following statements best summarize the Act's justifications: "Food safety
has been the fundamental thrust of both the government's planning and policy

68
established in India." This is one of the most crucial responsibilities of the
state. "Efforts to improve general population nutrition, living standards, and
overall health" The eradication of extreme poverty and hunger is one of the
United Nations' Millennium Development Goals. "Food security" refers to a
country's population's capacity to receive adequate food at acceptable prices, as
well as the availability of sufficient food grains to meet demand. The Public
Food Security Act aims to ensure that all Americans have enough food without
jeopardizing their feeling of social or financial status. This is done to ensure
that everyone has the right to live in a world free of hunger, malnutrition, and
other forms of deprivation caused by food insecurity and other analogous
issues. The National Food Security Act, which includes a number of other
requirements, was passed to ensure that everyone has access to food.
Notwithstanding the fact that just a few provisions of the Public Food Security
Act are directly relevant to basic food, legal food freedoms may be prioritized.

4.2.2 Salient Features of National Food Security Act

The Act is currently in effect throughout India, having been signed into law on
July 5, 2013. Priority families receive 35 kilograms of food grains per
household per month, whereas Antodaya households receive 5 kilograms of
food grains per person per month. The combined coverage of priority and
Antodaya households, also known as eligible homes, will reach up to 75% of
the rural population and 50% of the urban population at a cost of Rs 3/2/1 per
kilogram for rice, wheat, and millet. Rice, wheat, and millet will cost Rs. 3/2/1
per kilogram. They must take an exam every three years. Children aged six
months to six years old in their community aganwadi enjoy a wholesome and
pleasant free meal. Students aged 6 to 14 enrolled in government-run or
government-supported schools up to Class VIII are entitled to a free meal every
school day, except when schools are closed for special events. Nursing solely
will be recommended for infants under the age of six months, according to the
new regulation. Children who do not eat enough will be given free lunches.
Every pregnant or nursing woman is also eligible for maternity benefits, which
include a monthly stipend of 6000 rupees and a free meal at her local
anganwadi for the first six months after childbirth. The State Government will
fulfill its commitment to guarantee that every qualified woman and child

69
 receives the benefits to which they are entitled by adopting various strategies
and cycles according with the parameters established by the Federal
Government. The Act makes no mention of any standards that a household
must meet in order to be eligible for Public Distribution System subsidies. The
central government decides the national scope of the Public Distribution
System as well as the proportion of a state's population that lives in urban or
rural areas. Following the census, the total number of people counted will be
used to assess how many applications meet the criteria. Despite the fact that
they must adhere to the Antodaya Scheme's constraints and the standards
established by the state governments for priority residences, it is the
responsibility of the state governments to choose which families are eligible to
participate in the Scheme. This is true even if the Antodaya Scheme specifies
the limitations that must be observed. Within a year, the process of determining
which properties are eligible for the program must be finished. Listings of
eligible houses may be "widely displayed" to the general public57.

The Act gives state governments the authority to choose their own food
commissioners. The State Food Commission's responsibilities include
monitoring how the Act is being implemented, providing recommendations to
state governments and agencies that fall under their jurisdiction, and
investigating suspicions of fraudulent entitlement claims. The State Food
Commission is also in responsible of issuing annual reports and investigating
petitions filed by district grievance redress officers. The complaint resolution
procedure is divided into two levels: District Grievance Redressal Officer and
State Food Commission. As part of their internal complaint resolution
procedure, state governments are obligated to provide comparable services,
such as a call center, a hotline, and other comparable options. The state
governments select the District Grievance Redress Officers for each district.
These employees will investigate complaints and take any necessary action in
accordance with the state government's defined criteria. If the complainant is
dissatisfied with the resolution, he or she may file an appeal with the State
Food Commission. All records kept by the Public Distribution System and
other assistance programs must be audited on a regular basis and made public.
57
1Right to Food, Making it Happen, Progress and lessons Learned through Implementation 45 (Rome: The
Food and Agriculture Organization of the United Nations,4th ed. 2011).

70
Accountability is now ensured. to "encourage transparent recording of
transactions at all levels" through the use of information and communication
technologies. Using information and communication technologies to "promote
the transparent documentation of transactions at all levels," as well as
establishing oversight committees at all levels to assess all Act-authorized
activities. The Food Commission has the authority to levy any form of fine. If a
responsible official disregards a directive from the District Grievance Redressal
Officer, he or she may be fined up to Rs. 10,000. The maximum penalty is
$10,000. The number 5,000 Can be useful. The Commission may appoint any
member to act as an adjudicator for this project. The federal and state
governments must "step by step adopt a number of enhancements to the Public
Distribution System," according to the Act.

4.2.3 Modus Operandi

The National Food Security Act requires the Central Government to purchase
foodgrains for the public pool through its own organizations or those of state
legislatures. This is required to comply with the statute's provisions. The
federal government transfers food grains to states at predetermined rates in
accordance with legally recognized entitlements. Each state is solely
responsible for the construction and upkeep of important science and
technology storage facilities. Foodgrains are transported by the federal
government to state-approved depots. Foodgrains must be bought by the state
government from depots that have gained central approval and are situated
throughout the state as part of the Targeted Public Distribution System. These
depots can only be found in the state. Governments must organize the
distribution of food grains to guarantee that people who qualify get access to
them. These organizations may be prominently displayed at the entrance to any
business that uses fair pricing. The Act also incorporates strong grievance
resolution procedures to guarantee that benefits are distributed to the correct
persons. The creation of Vigilance Committees, the publication of Public
Distribution System statistics, and social audits are only a few of the Act's
openness and accountability duties. Each of these clauses exists to ensure that
benefits are distributed to the appropriate persons. If this strategy fails, they
might contact the grievance redressal bodies that will be established. If the

71
central government is unable to transfer foodgrains to the state government due
to a lack of foodgrains in the central pool, it is required to provide cash to the
state government in an amount determined by the central government. If the
focal pool is depleted and the Focal Government is unable to provide
foodgrains to the State Government, the Focal Government will reimburse the
State Government in real money for its inability to acquire foodgrains from the
Focal Government. It is the obligation of the State Governments to implement
and manage both sets of programs in order to achieve food security for the
people who are meant to benefit from Central Government and State
Government initiatives. These blueprints can be found here.

4.2.4 Contentious Issues in the Act

It is worth noting here that National Food Security Act, in its current form,
throws major challenges as in:

4.2.4.1 Where is the food at the time of crises?

According to the Act's "Force Majeure" provision, both the Central and State
governments are accountable for any claim made by a person who is entitled
under the Act. This regulation has only one exception: if the claim was
submitted as a result of an incident such as a war, flood, drought, fire,
hurricane, or earthquake that interfered with the person's usual access to food
or meals under this Act. The clause specifies that the Central and State
Governments must both satisfy any claim brought by a person who meets the
requirements of the Act. Natural disasters cannot be used to justify the federal
or state governments "directly or indirectly" distributing food grains. This
exception applies to both the federal and state governments in the United
States. Beneficiaries who are entitled for benefits under this Act may file a
claim for loss, damage, or compensation if they are unable to acquire food or
meals owing to circumstances beyond their control. Climate change is
anticipated to increase the severity and frequency of droughts and floods, both
of which are already considered force majeure. This clause applies to any
claims made by Beneficiaries against the Center and the States for loss,
damage, or compensation. The effective date of this legislation is January 1,
2013. It is critical to remember that in these circumstances, a devastated
market, unpredictable appraisal, and the usual emotional suffering are all

72
 typical. In this scenario, "the poor and vulnerable" would be forced to rely
entirely on the government for food security. Exceptional circumstances may
develop, but not until all other options have been exhausted and proven
ineffective. Consider the circumstances in which flying or driving are not
viable solutions. This will help you realize why these exclusions are necessary.
Because it does not meet the criteria for this category, the drought scenario
cannot be retained on this list. This statement might be improved in a couple of
places.58

4.2.4.2 National Food Security Act imposes a highly Centralized Model

discouraging customized state level initiatives

The Act, in its current form, allows for an overly concentrated distribution and
procurement structure. The Central Government will issue administrative
directions on priority families, exclusion standards, revisions to the Targeted
Public Distribution System, and the cost at which the State Government must
provide qualifying individuals with foodgrains. These guidelines will be issued
by the federal government. Because it is more difficult to experiment and
respond to changing situations, nations are hampered from tailoring it to their
tastes, institutional advantages, and disadvantages. State legislatures will be
unable to carry out their planned measures if the Act is passed. In the Indian
state of Tamil Nadu, for example, a "Universal Public Distribution System" is
in place. Unlike a "Designated Public Dissemination Framework," this strategy
does not classify people based on their financial position. Tamil Nadu must
immediately put a stop to this behavior. Up to July 2013, state governments
were allowed to construct their own "structures" for the Public Distribution
System. The Essential Commodities Act of 1995 and the Public Distribution
System (Control) Order of 2001, two pieces of legislation that governed the
Public Distribution System, made this possible. The Essential Commodities
Act empowers state governments to give directives within their respective
areas. The Public Food Security Act, on the other hand, sets a whole separate
set of regulatory principles for the Public Dispersion Framework. In the event
of a conflict between the Essential Commodities Act and the National Food

58
1Right to Food, Making it Happen, Progress and lessons Learned through Implementation 14 (Rome: The
Food and Agriculture Organization of the United Nations, 7th ed. 2011).

73
Security Act, the requirements of the latter shall take precedence. This is
because Congress passed the National Food Security Act before the Essential
Commodities Act. Because each state government must purchase foodgrains
from the Food Corporation of India for the Targeted Public Distribution
System in addition to purchasing foodgrains for its own system, which will
result in very little grain remaining, the National Food Security Act's
authorization for state governments to establish their own programs is rendered
ineffective. As a result, the National Food Security Act has been rendered
ineffective. Furthermore, rather than subsidizing smaller amounts of
foodgrains, governments would be required to buy the total demand at their
own price and pay for it with state funds. This would replace the current
practice of providing lower subsidies for food grains. This would have an effect
on their current financial situation. This would make it more difficult for
governments to meet their respective people's food needs.

4.2.4.3 Centralized procurement has been found to be unsustainable

According to the National Food Security Act, the Central Government must
purchase food for the Central Pool. Following that, distribution is the
responsibility of state governments. In response to the strategic obstacles that
the Focal Legislatures of India and the Food Partnership of India found when
seeking to acquire items freely, a decentralized procurement system was
formed in 1997-1998. The purpose of this system is to make the purchasing
process simpler. States were intended to support the procurement and
distribution of foodgrains covered by the Targeted Public Distribution System
as part of the Public Distribution System (PDS). As a result of this trial, the
number of commodities purchased in Chhattisgarh and Madhya Pradesh has
increased dramatically. While a significant number of procurement centers
have been built in each of their respective states, the governments of
Chhattisgarh and Madhya Pradesh have effectively created a monopoly on the
acquisition of paddy and wheat. The National Food Security Act proposes
returning to the centralized procurement model, despite earlier evidence that
this system is untenable.

4.2.4.4 Consolidation of existing ineffective

74
Food security is a challenging subject to solve. Despite general recognition that
government procurement and distribution systems are inefficient and wasteful,
the National Food Security Act allows them to continue operating "as is, where
is." To achieve its goal of achieving food security, it mostly relies on pre-
existing institutions, many of which have a dubious track record of failure.
According to estimates, the income derived under the Designated Public
Dispersal System Can be reduced by up to half. The Central Government will
be in charge of deciding the standards and type of the changes required to
increase the effectiveness of the Targeted Public Distribution System for grain
distribution. Reforms to the Public Distribution System that are currently being
implemented in states such as Haryana and Chattisgarh would be abruptly
halted as a result.

4.2.4.5 Distribution of Obligations between Centre and State

The only remaining obligations of the Central Government are the procurement
of products for the Central Pool and their distribution to state governments,
either individually or through the Targeted Public Distribution System.
According to the Food Corporation of India, state governments must now
collect food from depots and guarantee compliance with legislation. They only
lately gained this obligation. The National Food Security Act specifies cost-
sharing duties for aid programs as well as survey overhead fees. If the Focal
Government is unable to deliver food grains, it will unquestionably transfer to
the State Government a sum equal to the shortage in food grains from the Focal
Pool. The federal government determines its total amount in the same way.
When the state government is unable to provide the grains to which excluded
individuals are legally entitled, a "allowance for food security" must be made.
Because the necessary financial institutions to make such a transfer conceivable
have not yet been established, it is unclear how state governments will move
the money to the individuals who will ultimately benefit from it. As a result, it
is still unknown who the state governments would distribute the funds to.

4.2.4.6 Food Security Allowance: Unclear Provisions

Qualified individuals have the right to receive a food security stipend from the
relevant State Government in the manner and for the time period set by the

75
 Central Government if they are unable to secure adequate food grains or meals.
This allowance will be paid for with a voucher. The provisions of this statute
govern who is eligible to receive this incentive for food security. If the federal
government is unable to carry out its responsibilities, the state would be in
charge of administering the food security stipend and decentralized
procurement. There would be substantial costs involved. As a result, many state
governments' finances would suffer. The only foundation for calculating the
required funds will be the work specifications. According to the Act, the
allotment does not have to be sufficient for eligible people to purchase food
grains from the market. This is due to the fact that the allowance's
reasonableness is not required by law. If these rates—which are significantly
lower than market prices—were used to process the necessary guidelines
supplied by the Public Food Security Act during crises, it would be difficult to
buy food grains from the market. The entitlement allows the beneficiary to
purchase specific food grains for less money. Furthermore, it is unclear
whether the National Food Security Act would be enacted if a force were more
powerful than usual.

4.2.5.6 Cereal Centric approach

Despite the fact that cereals play a significant role in food safety, it is crucial to
emphasize the significance of expanding consumer demand for protein-rich
meals. The National Food Security Act, which ignores food industry demand,
focuses primarily on grain availability. It is crucial to note in this regard that
the most recent data from the National Sample Survey Organization reveal that
the typical person's intake of grains has been dropping across all spending
categories. This data is crucial since it demonstrates a pattern that applies to all
declining expenditure categories. As a result, despite efforts by the Public Food
Security Process to concentrate production on cereals, demand growth will
move toward the non-oats segment, causing confusion in the food organic
market. This would have a direct influence on inflationary pressures and non-
grain imports such as edible oil, legumes, fruits and vegetables, protein meals,
and others.59

59
Right to Food, Making it Happen, Progress and lessons Learned through Implementation 53 (Rome: The
Food and Agriculture Organization of the United Nations, 2nd ed. 2011).

76
 4.2.5 Operational Challenges
The government has comprehensive control over all critical components of the
marketing process, including grain purchasing, storage, transportation, and
distribution, under current grain management policy. The Food Corporation of
India is in charge of all of these responsibilities (FCI). The Food Corporation
of India's current operations are intended to develop emergency reserves,
stabilize domestic prices through open market purchases and sales, and meet
food security needs through the sale of subsidized grain. All of these goals are
being met at the same time. The food it purchases for the Central Pool is
distributed via the government-run Public Distribution System. The appropriate
minimum support price is determined by government agencies. Direct
procurement, decentralized distribution, and purchase are all used by a few
countries. The Food Corporation of India's operations have become more
inefficient as a result of the organization's decision to concentrate its
procurement efforts in a few states, maintain a continually growing central
stockpile, and endure growing diseconomies of scale. The Food Corporation of
India has suffered considerable scale diseconomies as a result of these
decisions. In the sections that follow, we'll go over the enormous logistical
challenges that implementing national food security would entail. This would
necessitate a significant upgrade to the infrastructure for procuring and
distributing food.

4.2.6 Production
The National Food Security Act creates a legal entitlement for the population it
serves as well as a governmental obligation, making it critical for public
organizations to ensure a sustainable supply of grain. Obtaining local grain
autonomy was one of this country's most crucial victories soon after
independence. The agricultural year 2011-2012 saw a new high for grain output
of 257 million tons, exceeding previous records of 108.4 million tons recorded
in the 1970-1971 crop year and 51 million tons set in the 1950-1951
agricultural year. According to the United Nations, rice production has nearly
tripled since the country's independence, from 20.6 million tons in 1950-1951
to 104.3 million tons in 2011-2012. Wheat production increased by a factor of
ten between 1951 and the country's independence, from 6.5 million tons in
1950 to 93.9 million tons in 1971. Notwithstanding this, India has been a net

77
 exporter of cereals since 1990. The daily average for grains increased as a
result of this trend, rising from 394.9 grams in 1951 to 438.6 grams in 2010. It
is critical to remember that as economic success begins, people tend to eat
more high-value things rather than grains. This is a fact that cannot be denied.
You may come up with an exceptional idea in this case. Between 1991 and
2012, the average agricultural growth rate was only 2.9%, compared to the 4%
growth rate in the five-year plans. Over the course of the plan, the overall
patterns of economic development and those of agriculture and related
industries differed increasingly. This implies that agriculture did not meet the
objectives that were intended for it. Food grain yield increased by 1.8% on
average in the 2000s, compared to 2.2% in the 1990s. Also, the annual growth
rate of food grain output has reduced dramatically from 2.4% in the 1990s to
1.3% in 2000. India's agriculture has not improved significantly since the
Green Revolution, which focused on wheat and rice in the country's north.
Despite this, the Green Revolution had a considerable positive impact on the
agricultural development of the country. Punjab and Haryana produce the
majority of the country's food grains, but at the expense of both states' chronic
groundwater supply difficulties. According to the most recent assessments of
the state of India's groundwater, only 18% of the blocks in Punjab are thought
to have safe groundwater, and 75% of the blocks are thought to have depleted
their resources. These water-intensive crops must be transported continuously
from the northwest region of India to the eastern states in order to achieve the
water request board's goals. The "Bringing Green Revolution to Eastern India"
program has significantly increased the importance of eastern Indian states
such as Bihar, Madhya Pradesh, and West Bengal as major agricultural
producers in India. Farmers in these areas struggle to make ends meet despite
record output levels due to a chronic dearth of marketing and procurement
services. As a result, crop profitability may suffer if large investments in
agricultural infrastructure, particularly marketing, are not undertaken.60

Despite having lower productivity than the top producers and the worldwide
average, India is the world's second-largest producer of wheat and paddy.

60
United Nations human Rights office of the High Commissioner, What are Human Rights, Special Rapporteur
on the Right to Food, International Standards, retrieved from http://www.ohchr.org/ EN/IssuesFood/
Pages/Standard.aspx. (visited on 9th January 2023).

78
 Despite this, India is the world's second-largest exporter of both rice and wheat.
Despite the fact that land and water are becoming increasingly scarce as a
result of urbanization and industrialisation, India has the challenge of
increasing the productivity of key agricultural goods like rice and wheat. Wheat
and rice are two examples of such products.61

4.3 Financial Challenges

The massive procurement of foodgrains and the extensive distribution network
required for large-scale subsidised grain distribution to nearly two-thirds of the
nation's 1.2 billion inhabitants will place significant financial strain on a fiscal
system that is already struggling to meet its obligations. The National Food
Security Act will most likely cost more than Rs. The sum of 1,200,000 crore is
simply the tip of the iceberg. More funding is required for the planned
administrative structure, operations expansion, product enhancement, and
investments in storage, transportation, processing, and market infrastructure,
among other things, in order to maintain the current system and welfare
programs. The present Food Security Complex of Procurements, Stocking, and
Distribution under the National Food Security Act, if maintained, will increase
the Scheme's operational expenses due to antiquated infrastructure, governance
inefficiencies, and leakage. The Scheme's overall operating expenses would
rise as a result. A significant increase in the annual cost of food subsidies is
also expected. While evaluating the food subsidy, the cost to the economy, the
cost of the primary foodgrains, the number of beneficiaries who would be
covered, and the quantities of foodgrains that would be allocated and lifted
would all be taken into account. The fall in the central issue price of grain, the
considerable increase in the number of eligible beneficiaries, and the need to
continue raising the Minimum Support Price to meet rising production costs
will result in a significant increase in the size of the food subsidy in the coming
years. These challenges cast serious doubt on the government's ability to meet
the National Food Security Act's financial obligations.62

61
Basu, D.D., Shorter Constitution of Indian 66 (Wadhwa Book Company, Lucknow, 4th Ed., 2011)
62
Basu, D.D., Shorter Constitution of Indian 14 (Wadhwa Book Company, Lucknow, 6th Ed,. 2011)

79
 4.4 Financial obligations under National Food Security Act
In order for the government to support the National Food Security Act,
upgrades to the production, storage, and marketing infrastructure, as well as the
government's own procurement and distribution system, and the entire
envisioned organization of National and State Commissions, would need to be
made. More people at all levels will be required to carry out the Act effectively,
including for social audits and evaluation studies, training and capacity
building, and so on. It must also improve how it manages the various planned
social activities, particularly those that provide lunch to the hungry, feed the
underprivileged, and so on.63

63
United Nations human Rights office of the High Commissioner, What are Human Rights, Special Rapporteur
on the Right to Food, International Standards, retrieved from http://www.ohchr.org/ EN/IssuesFood/
Pages/Standard.aspx. (visited on 9th January 2023).

80
 CHAPTER 5

CONCLUSION AND SUGGESTION

5.1 conclusion
The forgoing study reveals that the right to food is better protected legally at
the national level than one would assume from simply counting the number of
direct and explicit mentions of the right to food in the various constitutions of
the world. Currently, 56 Constitutions protect the right to food either implicitly
or explicitly as a justifiable right, or explicitly in the form of a Directive
Principle of State. In addition, through the direct applicability of international
treaties, the right to food is directly applicable, with a higher status than
national legislation, in at least 51 countries, thus reaching a total of 106
countries in which the right to food is applicable. Finally, ten countries have
already adopted a legal framework on the right to food or food security
recognizing the right to food, and a further nine countries are in the process of
drafting such legislation. This development is likely to gather momentum in the
coming years. Legal protection is a necessary step for the realization of the
right to food as a legal right. While food security - a situation where all people
at all times have access to sufficient, safe and nutritious food for an active and
healthy life - cannot be achieved in theory without the adoption of legal
measures, the addition of legally enforceable rights makes the future of food
security more secure. The rule of law continues to be evasive in many countries
throughout the world, and legislation frequently gathers dust on shelves while
life goes on as before. Therefore, it is not enough to recognize the right to food
constitutionally and to enact law on it; such law needs to be 'owned' by those
who are most in need of its enforcement. Successful legislation may be
employed after a thorough process involving all stakeholders, government and
civil society alike. Legislation also needs constant follow up from all sides, in
order to be effective. Furthermore, judges and lawyers need to be fully
cognisant of the right to food if cases are to be brought to court and dealt with
successfully. The Right to Food, as defined under Article 11 of the
International Covenant on Economic, Social and Cultural Rights, has not been

81
effectively operationalized in India. As a party to the International Covenant on
Economic, Social and Cultural Rights, and the Convention on the Rights of the
Child, India has committed itself to honouring the Right to Food. Indeed the
Indian government has formulated many schemes and policies to ensure food
and nutrition security and has time and again reiterated its commitment to fight
hunger. However, still there exists a wide gap between the rhetoric and reality.
At its core, widespread hunger is the result of inequitable distribution,
widespread poverty and non-accountability of government. Inequitable
distribution has resulted from distorted food policies, lack of infrastructure,
corruption and lack of political will. The inverse relationship between food
grain procurement and distribution in India is reflected in stocks rising to
unmanageable levels. However, given its politically sensitive nature it may be
difficult to drastically cut down stockholdings. Thus, centre will have to
employ a combination of policy changes and support prices for farmers and
poor families in order to promote the interests of both the groups. Furthermore,
people are hungry in India because they do not have the resources to purchase
an adequate diet. That roughly 230 million people in India are food insecure,
and that half of those who are hungry live in households where at least one
member works, reveals that India has failed to create the conditions necessary
for individuals to adequately feed and care for themselves. Creating the
conditions where individuals and families have the resources to feed
themselves is the ultimate objective of a social and economic human rights
approach. This must be the minimal objective of all their social policies. One of
the positive developments with regard to ensuring economic security to poor
families is the extension of the on-going Right to Food campaign to demand
the "right to work." A nationwide vigorous campaign has been initiated
demanding gainful employment.

An important step towards the realization of the right to work was made in one
of the states, Maharashtra, by way of "Employment Guarantee Scheme" in the
early 1970s. Under this scheme, every citizen had a right to be gainfully
employed on public works at a basic wage, if he or she demands it. In practice,
Maharashtra's Employment Guarantee Scheme" falls short of an actual work
guarantee, as state authorities often succeeded in evading their responsibilities

82
in this respect. Nevertheless, the scheme has considerably strengthened the
bargaining power of the rural poor in demanding gainful employment. On an
average day, Employment Guarantee Scheme work sites employ about half a
million labourers, most of whom belong to the poorest sections of the
population. Thus, the government may further build on Maharashtra's
experience in this respect. Under international human rights law, governments
are committed to take all appropriate measures, including particularly the
adoption of legislative measures, for full realization of the rights guaranteed
under the Covenant. Indeed every State has a margin of discretion in choosing
its own approaches to ensure that everyone is free from hunger and as soon as
possible can enjoy the right to adequate food.

However, Committee on Economic, Social and Cultural Rights recognizes that

in many instances legislation is highly desirable and in some cases may even be
indispensable. There has been an increasing endorsement at the international
level for adoption of the framework legislation by the States to facilitate
effective realization of the Right to Food. The existing policies in India do not
provide a specific plan of action on how food security will be progressively
realized. The development of a legislative framework will not only assist in
defining clearly the different roles that may be played by the different
government departments, as the provision of the Right to Food requires the
involvement of more than one department.

The framework will also assist in defining the obstacles and how they may be
addressed 'in order to ensure better provision of food. Furthermore, it will also
enable individuals to hold institutions accountable and claim their rights when
they have been infringed upon. As the government works progressively to
realize that goal, it has an obligation to immediately repair the existing food
assistance schemes to help end hunger at once.

The Special Rapporteur on the Right to Food, Olivier De Schutter, states:

“The right to adequate food is not a slogan. It imposes obligations on states

and non-state actors alike which are grounded in international law. Putting
it at the center of our response to the global food crisis...leads us to

83
fundamentally rethink the nature of the challenge we are facing, and what it
requires to make progress towards addressing it”.

Wicked problems have no single answer, though they can be tamed by locking
down the problem definition and specifying the parameters for success.lo The
major lesson of the 2008 food crisis is that a coherent, collective policy
approach is needed and that it must be oriented towards long-term, global
sustainability and justice. Distributional issues need to discuss and goals
specified more clearly, identifying the most vulnerable and designing strategies
to reach them. Investment in agriculture is essential to boost food production,
requiring public sector support; the international community may contribute to
official development assistance in this respect.

Efforts to work on such coordinated global policies may at last be finding

footholds at national and multilateral levels. A high level panel on what Ireland
and the European Union can do to speed up progress towards the Millennium
Development Goals, held in Dublin in April 2010, identified three main
actions: delivering finance, tackling policy incoherence and adopting a human
rights-based approach to the Millennium Development Goals. Complementing
these policy developments on international assistance.

Food and Agriculture Organisation and World Bank have recently completed
the International Assessment of Agricultural Knowledge, Science and
Technology for Development which recognises that the right to food can be
used to re-orient agricultural development. Its findings emphasise the
promotion of small-scale agricultural systems and local government, support
for co-operatives, farmer organisations and local business associations and
unions to support small-scale farming and ensuring greater and more effective
involvement of women. Whether the right to food is seen as a means to achieve
food security or whether it is the key to redefining food security, food is a
primary area of convergence between human rights practice and rights-based
approaches to development. During the Cold War, human rights and
development appeared as two distinct islands, with socio-economic issues
comprising "a vast channel that put great distance between human rights and
development". However, that situation began to change in the 1990s as

84
development has taken on human rights concepts, while human rights
advocates have begun to address socio- economic rights more seriously, in
security thinking, the concept has redefined human security to put the human
being at the centre, refocusing security concerns on how poverty, hunger,
disease and environmental degradation threaten the vital core of human
existence. Three interrelated themes provide common ground for development
and rights; Recovery of the principle of indivisibility in human rights;
Democratisation of development to remove discrimination and enable people to
participate; and humanizing human rights with an emphasis on dignity and
what is humanly desirable and acceptable. While governments hold the primary
obligations to respect, protect and fulfill the right to food, the obligations of
corporations involved in food and agriculture are also important. Even in the
direst humanitarian emergencies, the need to appear in public without shame
must be taken into account, Hunger and deprivation also have manifestly
gender dimensions, which require broader socio-cultural transformation as well
as targeted economic and welfare policies. The right to development integrates
these dimensions of the right to food because it is a vector of interdependent
and indivisible rights, with food being one of three complementary immediate
action areas (food, health and education) for realizing all human rights. This
approach affirms the principle that the human being is the rightful subject of
development and principles of justice and equity must apply, ensuring
meaningful participation in, and benefits from, development, particularly in
respect of marginalized, discriminated and disadvantaged individuals and
groups.

India is a country where right to food is far from being realized for all. Despite
economic growth and policies aimed to ensure food availability and access by
the poor, hunger is still widespread. Some social and ethnic groups are more
vulnerable than others, in particular Adivasis and Dalits, while women's social
status remains low, despite legal reform. On the other hand, India is among the
countries where there has been most in-depth discussion on right to food, at
least within legal and non-governmental circles. The use of public interest
litigation for the right to food is one way of ensuring access to justice for the
poor. The Supreme Court has not only acknowledged that the right to food is a

85
 fundamental right under the Indian Constitution, but has issued detailed orders
of a quasi-legislative nature. This is of the utmost importance: it sets an
example for lawyers and judges worldwide to be creative and work within the
legal system of a country while taking a leadership role in promoting the
progressive realization of the right to food in the country concerned. Long-term
engagement with the right to food is integral to the methodology of the
Supreme Court. It is clear that legal action with strategic objectives can have a
great impact on the ground, particularly if linked to public campaigning. Aside
from the Right to Food Campaign, India has a variety of schemes under way
for promoting food security and nutrition. Nevertheless, considering the size of
the country, it is not easy to coordinate these schemes and ensure their
coherence. The main problems encountered relate both to the design of the
schemes in place as well as to duplication, inefficiency, leakage and corruption
- all of which are hindering the implementation of the different programmes.
With proper coordination of policies and programmes, convergence of delivery
of services and entitlements at local levels, and stronger accountability
mechanisms, the fight against hunger and malnutrition in India Can be much
more successful. It is also important to note that in the case of India, the
constitutional protection of right to food is strong and inherent in several
constitutional provisions. In fact, the Supreme Court has included the right to
food under the right to life in Article 21, thus giving it constitutional
enforceability. Therefore, while Parliament play a key role in promoting
policies and adopting legislation on social programmes that guarantee the right
to food, courts also perform the paramount function of protecting the right
through a wider interpretation of other fundamental rights The Right to Food,
Food Security and Discrimination are closely-knit and interrelated issues,
which require constant vigilance by the government, the stakeholders, and
matter related.64 Non-Governmental Organizations. Whereas the Right to Food,
universally accepted as one of the social Rights, forms the basis or starting
point for further emanating thoughts, the governments through its policies and
directions will have to safeguard for all its citizens a high degree of security. It
can also be observed that inspite of the existing legal framework, which clearly
64
2United Nations human Rights office of the High Commissioner, What are Human Rights, Special Rapporteur
on the Right to Food, International Standards, retrieved from http://www.ohchr.org/ EN/IssuesFood/
Pages/Standard.aspx visited on 9th January 2023

86
 addresses the problem of food security; the legislation itself does not
ameliorate any of the dreadful situations. Neither are they really taken care of
by court decision or directives, may they be also pro-poor or pro-discriminated,
as they can only heal individual grievances with no wider meaning for the
society at large. The blatant refusal of legislated entitlements can be seen in an
exemplified way in the discrimination against Dalits regarding access to food
and food-related programmes which is widespread evil in varying degree
across India. This is not the only kind of discrimination to be faced by the
needy people, but also there are various kind of discrimination regarding the
Right to Food against tribal families, women and children especially the female
children. The Constitutions of India and its underlying ideas provide a sound
framework for thinking about the right to food and food security. In this
framework, the right to food is one of the basic economic and social rights that
are essential to achieve "economic democracy", without which political
democracy is at best incomplete. Indeed, there is an obvious sense in which
mass hunger is fundamentally incompatible with democracy in any meaningful
sense of the term. The right to food is nowhere near being realized in India. In
fact, under nutrition level in India are among the highest in the world.

Further, the improvement of nutrition indicators over time is very slow. There
is also some evidence of increasing disparities in nutritional achievements
(between rural and urban areas as well as between boys and girls) in the
nineties. The recent accumulation of nearly 70 million tons of grain against a
background of widespread hunger is a particularly starting violation of the right
to food65. The nutrition situation in India is a sort of "silent emergency"; little
attention is paid to it in public debates and democratic politics. This illustrates a
more general feature of Indian democracy-its tremendous lack of
responsiveness to the needs and aspirations of the underprivileged. Against this
background, economic and social rights have a crucial role to play as built-in
safeguards against the elitist biases of public policy. Food security right is a
somewhat complex right that does not seedily translate into well-defined
entitlements and responsibilities. The scope for enfacing it though the courts

65
2United Nations human Rights office of the High Commissioner, What are Human Rights, Special Rapporteur
on the Right to Food, International Standards, retrieved from http://www.ohchr.org/ EN/IssuesFood/
Pages/Standard.aspx visited on 9th January 2023

87
 can be significantly enlarged (e.g., by consolidating legal provisions for the
food security and right to food), but serious difficulties are involved in making
it fully justifiable. Nevertheless, the right to food can bring new interventions
within the realm of possibility in at least three ways; through legal action,
through democratic practice, and through public perceptions. If the right to
food is to be achieved, it needs to be linked with other economic and social
rights, such as the right to education, the right to work, the right to information
and the right to health. These economic and social rights complement and
reinforce each other. Taken in isolation, each of them has its limitations, and
may not even be realizable within the present structure of property rights.
Taken together, however, they hold the promise of radical change in public
priorities and democratic politics. This is why it is so important to revive the
Directive Principles of the State as well as the visionary conception of
democracy that informs them.

The Supreme Court had appointed a Commission to look into the food security
provisions and schemes and it its latest report observed that despite the fact that
starvation deaths were confining to occur across the country, there was little
proof to indicate that the states were taking effective measures to improve the
situation. India does not seen to have a problem in terms of physical
availability,66 as the production of food grains is more than adequate. To
reiterate, corruption is eroding the well-designed schemes, so there is a need to
check this practice. Starvation deaths and the high prevalence of hunger clearly
show that India needs to wake up. The judiciary cannot monitor the
implementation of the schemes forever. The government needs to review
policy from time to time and take connective measures for effective
implementation of different Schemes and programmes, establish effective
mechanisms of accountability and ensure the right to food for all. As the
problem of food insecurity, relates to both the demand and supply of food, a
solution Can be to empower people towards greater purchasing power, as well
as addressing the inadequacy of the distribution system, and checking

66
United Nations Children’s Fund, The State of the World’s Children (New York: UNICEF, 2002).
http://www.unicef.org/sowc02summary/table1.html (last visited 22 feb 2023)

88
corruption and leakages. Awareness among the people with regard to their right
to food can escalate the process of escalate the process of equitable distribution
and thus help to realize the right to food for all citizens. The right to food is not
just a basic human right; it is also a basic human need. It essentially requires
the state to ensure that at least people do not starve. Implementation of the
Right to food and food security measures does not imply that impossible efforts
be undertaken by the states. The obligation to protect and respect the people
compels the state to implement the right to food effectively, without recourse to
extensive financial means. The foregoing research reveals that the root causes
of the hunger is poverty. So it indeed is very essential to eliminate hunger and
poverty may be addressed at the first place because even if the availability of
food grain is sufficient then also due to lack of purchase power, poor people
cannot access to food. The major problems relate to economic access to food,
self-sufficiency has increased at the national level but does not at the household
level. Though incidences of poverty have declined to some extent, significant
regional disparity is visible (with the help of Rozgar Guarantee Programme
etc.) There is a need to look into the functioning of Public Distribution System.
It is revealed from research that about 58% of the subsidized food grains issued
from the central pool do not reach Below Poverty Line families owing to
leakages and diversions. Over 35 per cent of the budgetary subsidies on food
are siphoned off the supply chain and another 21 per cent reaches the Above
Poverty Line households. The implementation of Public Distribution System is
played by targeting error, prevalence of ghost cards and unidentified
households. Secondly, the government machinery has not done well in
identifying the poor. As the government works progressively to realize that
goal, it has an obligation to immediately repair the existing food assistance
schemes to help and hunger at once. The study disclose that Food security is an
issue of significant importance for a country like India where still a high
proportion of people are reported below poverty line and malnourishment and
hunger is still widely prevalent. The need for food security and the awareness
and consciousness about the right to food has been growing over the years with
efforts from various quarters making us more conscious of the fact that
maintaining food security is important and it is nothing but human security in
the long run. For ascertaining whether a state is food secure or not, certain

89
 aspects or parameters have to be considered. These are food availability,
accessibility and food absorption. Along with these three that statesabout the
current food security situation, sustainability of food security is equally
important for the long term.67

But, one has to place the aspect of food security in the context of rural
development as it helps in improving all aspects of food security i.e. schemes
on food based programmes and programmes for development of natural
resources, poverty alleviation and employment generating programmes along
with development of rural infrastructure, provision of nutritional programmes,
better health, water supply and sanitation facilities. Rural development is
crucial for achieving a food secure India. All these aspects can only be
maintained well if one has good governance 85 a balanced governance requires
that one has government, private sector, Non-Governmental Organizations,
Panchyati Raj Institutions and Cooperatives working harmoniously to preserve,
promote and protect the interests of the common man. , Availability of
foodgrain in adequate quantities needs to be ensured, now and in the future.
Keeping in mind the need to ensure livelihoods in rural areas, the strategy for
increasing availability must place emphasis on increasing small-farmer
production and productivity. For this purpose, we need to step-up public
investment in irrigation and rural infrastructure and provide other forms of
State support including credit and postharvest storage facilities such as rural
warehouses. Such public investment may also strive to address the issue of
regional inequalities. With respect to irrigation, there may be a special focus on
revitalisation of existing local water storage systems and water bodies and on
decentralised community-controlled systems of water use. The Mahatma
Gandhi National Rural Employment Guarantee Act and similar schemes Can
be utilised for this purpose. All these steps will simultaneously help address
availability and access. With a view to ensuring assured and remunerative price
for produce, the government must expand the Minimum Support Price system,
based on the cost of production including a reasonable rate of return on
investment and ensuring prompt and open-ended purchase for all major crops
67
United Nations Children’s Fund, The State of the World’s Children (New York: UNICEF, 2002).
http://www.unicef.org/sowc02summary/table1.html (last visited 22 feb 2023)

90
 including foodgrains other than paddy and wheat. This will serve as an
incentive to increase availability and improve access by enhancing the
purchasing power of farmers. The economic policies may be reoriented to
provide adequate support for India's agriculture and its vast rural population. In
particular, policies must provide adequate rural infrastructure (including
power), and promote employment besides ensuring credit facilities and
remunerative prices for produce for our farmers. The unfinished agenda of land
reforms must be completed and distribution of ceiling surplus land must be
done on a priority basis. Appropriate attention may be paid to conservation of
common property and biodiversity resources and rehabilitation of wastelands.
These steps will address availability, access and sustainability concerns There
may be substantial increase in public investment in agriculture-related
infrastructure such as irrigation and drainage, land development, water
conservation, development of road connectivity etc. Such investments are
specially needed in the poorer and low rainfall areas of the country. In the
context of food security in India, when one examines the parameters of food
availability and food accessibility, then one studies the agricultural sector as it
affects not only food availability through its production and its overall
performance but it also provides employment, thereby influencing the incomes
and the economic accessibility i.e. purchasing power to buy food. When one
looks at the agriculture sector one finds that it has been at the center of a lot of
debate recently. It has been affected by the 'Agreement on Agriculture' thus
global policies have permeated into our local agriculture and affected its
functioning through provisions of market access, domestic support and export
subsidies. All these provisions have given rise to not only differences between
developing and developed countries but also within India between Centre and
states. India's federal system has acted as an institution, which has been
mediating between.68

The sustainability of food availability is very much affected by ecology but

when one examines the ecological scene one finds that there has been an
overexploitation of natural resources with areas under forest depleting, the
level of groundwater going down and the degradation of prime agricultural
68
Dreze, Jean, “Starving the Poor – I”, The Hindu, February 26, 2001.
http://www.hinduonnet.com/thehindu/2001/02/26/stories/05262524.htm (last visited- 18 march 2023

91
 lands. This definitely would affect the future of food availability. Further for
analyzing food availability, export and import policies and procurement and
buffer stock has been seen. From a centralized procurement system with the
Food Corporation of India at the head, there have been certain initiatives taken
by some states towards a decentralized procurement and distribution structure
at the state level. However, the role of Food Corporation of India continues to
be crucial. Agriculture also is instrumental in providing employment and thus
can play a crucial role in reducing poverty and food insecurity as it has been
seen that the poor people are most likely to face threat of hunger and
malnourishment, as they are likely to have low purchasing power to buy food.
If one looks at rural employment and rural poverty one finds that
Unemployment levels seem to have increased. Food security is facing a number
of problems not only in terms of food availability but also in terms of
accessibility mainly on account of the crisis that agriculture is currently passing
through Government has provided various kind of support to promote growth
and to fulfill its distributional objectives. It has tried to affect the parameters of
food availability by supporting agricultural production through giving subsidies
and Minimum Support Price. It has also tried to improve physical food
accessibility - by the Public Distribution System and making the Public
Distribution System work efficiently for the poorer sections of the population.
Subsidies are provided for the main agricultural inputs i.e. electricity, water,
fertilizer and food subsidies etc.69

5.2 Suggestions
 The foregoing study throws a flood of light that food security is a
"wicked problem" and suggests that the rights-based approach
addresses some of the impasses by shifting the key concern from food
to hunger, and placing the human person at the centre of development.
The Food and Agriculture Organisation's Voluntary Guidelines on the
Right to Food provide clarification on the rightsbased approach and
point to how the right to food can be incorporated into government
strategies and institutions.
69
Mishra, Neelabh, “Drought and Deaths”, Frontline, Vol. 18, No. 8 (Apr. 14-27, 2001).
http://www.flonnet.com/fl1808/18080710.htm(last visited- 12 march 2023)

92
 A landmark legislative example {Peoples Union for Civil Liberties
case) of our country illustrates how the rights approach can empower a
range of detailed programmatic actions on hunger, which in turn
reinforce other socioeconomic rights. The conclusion eflects on how the
right to food and food security laws bring important substantive
dimensions to the current agenda for policy coherence in development
assistance and cooperation. The need of the hour is that the government
may acknowledge the obligation to respect, protect and fulfill the
human right to food and food security provisions. The government may
ensure that bureaucratic error does not result in benefits being
arbitrarily and erroneously cut off. The Central Government may
provide a comprehensive policy and technical support to the State
Governments and administrative staff to ensure accurate and fair
implementation of food assistance policy in the welfare reform
environment. One needs to rationalize the subsidies and increase the
support structure commensurate with the increase in input costs. In
addition, developed regions seem to be benefiting more and this
regional inequality is accompanied by inequality among the farmers.
Thus along with rationalization, proper equitable distribution is equally
necessary.
 Also while giving subsidies, it needs to be seen that subsidies given for
agricultural inputs are utilized properly and no wastage takes place.
Excessive use of water, power and fertilizers can be ecologically
disastrous and it can affect future production. For sustainability of food
security, it is necessary to maintain an ecological balance between the
available natural resources and their use to ensure optimum benefit in
the long run. Having said the above, there is also the need to create a
level playing field as far as developed countries are concerned.
Domestic support given to the farmers in the developed countries of
West and East Asia is much higher and we may try to bring down their
high level of support if the aim .is to compete in an equal environment
in the international arena. Matching their level of support is difficult for

93
 us as we have a much larger number to cater to and less monetary
resources.
 Thus, even while continuing with subsidy, we need to rationalize it.
Food subsidies need to continue as it is an important safety net. The
government provides Minimum Support Price and these Minimum
Support Prices have been consistently higher than the Minimum
Support Price recommended by Commission on Agricultural Costs and
Prices. Also the excessive attention to wheat and rice has distorted the
cropping pattern in favour of these two foodgrains & has led to adverse
environmental impact. The Minimum Support Prices have however
increased more than the production costs. One may continue with
giving Minimum Support Prices but one need to rationalize the
Minimum Support Prices to reflect the actual production costs incurred
by farmers. Also high generous Minimum Support Prices continue to be
provided to a tiny percentage of well off farmers 85 to rice and wheat.
This needs to be made more equitable not only in terms of farmers but
also in terms of crops in order to protect ecology and encourage
different cropping pattern.
 If one looks at the distribution network set up by the government
through the Public Distribution System, one finds that the Public
Distribution System through Fair Price Shops providing foodgrains at
affordable prices have been the key element of the food security system
in India. In 1997 the Government of India introduced the Targated
Public Distribution System - the policy initiated targeting of households
on the basis of an income criterion i.e. used the income poverty line to
make a distinction between 'poor' and 'non-poor' households. However
the Targeted Public Distribution System has faced several criticisrfis,
the important one being its failure to serve people below poverty line
(Below Poverty Line families).
 Targeting has excluded the needy ones as targeting is done based on the
poverty line defined by the Planning Commission whereas poverty
figures seem to be much higher thus excluding many of those who
deserve to be in the Below Poverty Line category. Targeting has

94
 affected adversely the Public Distribution System network and its
viability. The analysis of the Public Distribution System and its
functioning, has built a well-argued case for replacement of the
Targeted Public Distribution System by a universal Public Distribution
System with uniform prices affordable to the poor. The centralisation
that took place under the Targeted Public Distribution System may be
reversed and State governments may, in the first instance, have the right
to determine the required allocation under Public Distribution System
for their State70.
 Further, the allocation per household in the Public Distribution System,
may be based on the number of consumption units in the household.
Besides rice and wheat, other relevant and nutritious food grains and
pulses may be distributed through Public Distribution System at
subsidised rates, in order to enhance nutritional outcomes. Further, in
order to improve viability of Fair Price Shops, and simultaneously
enhance the purchasing power of the incomes of the poor, commodities
like edible oil, cloth and other daily use itemis may be sold in the Fair
Price Shop. Ration shops may be strengthened and made viable through
the provision of appropriate margins or subsidies. To ensure effective
utilisation of the Public Distribution System, the public must be free to
draw their allocations on a weekly basis. Migrants may be able to
access Public Distribution System allocations in the area where they
work.
 Despite a hefty increase in annual food subsidy. Targeted Public
Distribution System does not seem to have made an impact in the
poorest north-north-eastern states, such a Uttar Pradesh, Bihar and
Assam. Although the allocation of poorer states was more than doubles,
yet there is poor off take by the states and even poorer actually lifting
by the Below Poverty Line families. There is lack of infrastructure and
shortage of funds with the government parastatals in most states except
a few in the west and south. Thus, the Government of India may ensure

70
Muralidharan, Sukumar, “Upholding the Right to Food”, Frontline, Vol. 18, No. 18 (Sep. 1-14,

2001). http://www.flonnet.com/fl1818/18181220.htm (last visited- 18 march 2023)

95
 that adequate infrastructure capacity is available at the district and block
levels. Programs such as the public distribution of food grains can be
entrusted to the Local level institution, with higher-level institutions at
the district, state and union levels taking up the balancing sole, i.e.
bridging the gap between demand and supply of food grains at
respective levels71.
 Panchayati Raj Institutions may also be actively involved in the
monitoring of the Public Distribution System. These Panchayati Raj
Institutions may be empowered, trained and facilitated in monitoring
hunger, and malnutrition as well as the schemes implemented to reduce
hunger/malnutrition such as Public Distribution System, Mid-Day Meal
Scheme, Integrated Child Development Scheme and Food-For-Work
programme. This will help strengthen the delivery mechanisms. While a
universal Public Distribution System, appropriate supplementary
programmes and other safety nets funded by the government are critical
to ensuring food security, there is also an important role for community-
based food security systems, such as community grain banks.
Community food security systems appear especially relevant in socially
cohesive communities characterised by limited inequality and found in
locations, where they find it difficult to access other delivery
mechanisms such as Public! Distribution System. Community food
security systems may also be encouraged so that production of
nutritious millets and other local food grains receive much needed
support. To ensure sustainability, such initiatives must work closely
with elected local bodies.
 The overall approach of the food delivery system may be lifecycle
based and involve appropriate supplementation programmes to ensure
that all stages of the lifecycle are addressed. Horizontal integration of
vertically structured programmes is urgently called for. While food and
nutrition insecurity needs to be addressed at all stages of the lifecycle,
certain groups such as pregnant and lactating mothers, adolescents and
children under three years of age need to be given special attention

71
Mishra, Neelabh, “Drought and Deaths”, Frontline, Vol. 18, No. 8 (Apr. 14-27, 2001).
http://www.flonnet.com/fl1808/18080710.htm ( last visited 01 jan 2023)

96
 because of their physiological needs72. The Mid Day Meal Scheme and
Integrated Child Development Scheme are crucial programmes in this
regard and their effective implementation can contribute to the better
health and food security of the population. Food and nutrition security
needs to be addressed through integrated complementary strategies,
namely dietary diversification, supplementation, food fortification and
community and public health measures.
 Substantial investments need to be made in health and education
especially for the rural population. Improvement in basic infrastructure
like ensuring access to safe drinking water, toilets and healthcare
facilities will have a positive impact on health and nutrition of the
population, a fact highlighted by the States with better facilities.
Education will lead to greater awareness and understanding on practices
to be adopted, which is highlighted by the experience of States like
Kerala. 73
 Changes in macroeconomic policies so as to enhance aggregate demand
will enhance the prospects of the growth of rural employment. Quality
employment has to be promoted. This requires enhancing the skill
levels of the labour force on a largescale through massive training and
capacity-building programmes both by the government and by the
private sector.
 The National Food Security Act required universalization coverage. For
that, it also needs nutritional security, bottom up approach, removing
corruption, more area under irrigation, balancing between the farmers'
income and the cost of agriculture produce and hence overall financial
burden for the government, the real effectiveness of the programme.
The most haunting question in 65 years of Independent India exists in
the form of hungry and malnourished masses in India. The Parliament

72
Venkatesan, J., “Food Must Reach the Starving, Not Rot: S.C.”, The Hindu, August 21, 2001.
http://www.hinduonnet.com/thehindu/2001/08/21/stories/01210001.htm last visited 20 2023)

73
United Nations Children’s Fund, The State of the World’s Children (New York: UNICEF, 2002).
http://www.unicef.org/sowc02summary/table1.html (last visited 22 feb 2023)

97
 needs a minimal face saving political will by passing a Food Security
Act, where food rights are guaranteed to all and that no one is denied
the right to food. 75% coverage in rural areas and 50% in urban areas
are to high targets. Further, the Supreme Court hearing the case of Right
to Food has given a series of orders without allowing itself to be bogged
down by affordability arguments. In the process of consistently
ignoring the economic cost of universalisation, they have managed to
read up the food entitlements into the Right to Life. The public policy
makers need to take inspiration from this stance. Food inflation created
insecurity. Without income switching policy and inflation control right
to food will remain a distant dream74.
 Food availability, food accessibility and food absorption - all three are
interlinked and crucial for food security. Measures need to be taken in
order to improve the food security situation in the long run. The need is
to improve foodgrain production and increase productivity through
improved technology that is environment friendly and increase
investment in agriculture. A strong agricultural base and growth in
agriculture is one of the important policies to reduce poverty and
achieve food security. Since majority are small and marginal farmers,
the need of increasing the productivity of small farms is a must. As
M.S. Swaminathan said "increasing the productivity and profitability of
small farms in an ecologically sustainable manner is the single most
effective step for reducing poverty and hunger in our country. " More
money needs to be pumped in to have technology up gradation and
agricultural research. Research may be undertaken to create more
options for the poorer regions and for small and poorer farmers.

Future Probable Trends:

Hunger and poverty are still predominant factors of peoples life in many
developing and transitions countries and will likely remain so for. A lot has
been done with encouraging but insufficient results. From the past experience
one can learn the mistakes not to repeat, one can build new approaches. The

74
International Law Institute. (2014). Right to Food: International Law and Implementation. Retrieved from
https://www.ili.org/publications/right-to-food-international-law-and-implementation (last visited 22 jan 2023)

98
 future of food security is probably already written but one cannot read it. The
efforts to implement the right to food will probably be the more visible part of
the actions undertaken during the coming years but a lot of grass root work will
also take place. New tools that have already been created, such as those
invented by Amartya Sen, will progressively be utilized and give the
opportunity to an increased number of people to decide what their situation will
be, or to improve it.75 Under the direct leadership of the people representative,
themselves interdisciplinary teams of experts, under contractual terms, will, no
doubts, contribute to improving their food security situation. In the end, it is
hoped that in a world of globalization and rapid transmission of information,
the knowledge will also move more quickly in order to reduce the suffering of
those in situation of food insecurity.

BIBLIOGRAPHY
A. STATUTES
 Essential Commodities Act, 1955.
 Food Entitlements Act, 2009.
 Food Safety and Standard Act, 2006.

75
United Nations Children’s Fund, The State of the World’s Children (New York: UNICEF, 2002).
http://www.unicef.org/sowc02summary/table1.html (last visited 22 feb 2023)

99
  Forests Rights Act, 2006
 Mahatma Gandhi National Rural Employment Guarantee Act, 2005.
 Maternity Benefit Act, 1961.
 Minimum Wages Act, 1948.
 National Food Security Act, 2013.
 Payment of Gratuity Act, 1972.

 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989.
B. BOOKS
 Abdulrahim, P., Vijapur and Kumar, Suresh, Perspectives on Human
Rights, 1989, Manak Publishing Pvt. Ltd., Delhi.
 Acharya, K.C.S., Food Security System in India: Evolution of the
Buffer Stocking Policy and Its Evolution, 1983, Concept Publishing
Company, Delhi.
 Acharya, S.S., Sustainable Agriculture, Poverty and Food Security,
2002, Rawat Publications, Jaipur.
 Austin, Granville, Ijhe Indian Constitution: Cornerstone of A Nation,
1966, Oxford University Press, Bombay.
 Bakshi, P.M., The Constitution of India with Comments 86 Subject
Index. Selective Comments, 2009, Universal Book House, New Delhi.
 Basu, D.D., Introduction to the Constitution of India, 2010, Wadhwa
Publications, Nagpur. Batia, K. L., Concept of Dharma, 2010, Deep and
Deep Publication Pvt. Ltd., New Delhi.
 Chaudhury, S.N., Dalit and Tribal Leadership in Panchayat, 2004,
Concept Publishing Company, Delhi. Cohen, Marc 8& Brown, Marry,
"Legal Empowerment and the Right to Food." In Rights and legal
Empowerment in Eradicating Poverty, edited by Dan Banik, 2008,
Ashgate Publishing house, Burlington, Vermont.
 Dreze, Jean and Sen, Amartya, Hunger and Public Action, 1993,
Oxford University Press, Delhi. Dreze, Jean and Sen, Amartya, The
Political Economy of Hunger, 1990, Clarendon Press, Oxford.
 Ganguli, B. N., Readings in Indian Economic History, 1964, Asia
Publishing House, London. Gauri, Varun & Brinks, Daniel, Courting

100
 Social Justice: Judicial Enforcement of Social and Economic Rights in
the Developing World, 2008, Cambridge University Press, New York.
 Gitanjali 85 Bedi, Vandana, Sustainable Agriculture and Food Security:
The Impact of Globalization, 2002, Sage Publications, New Delhi.
Howard, A. and Howard, G.L.C., The Development of Indian
Agriculture, 1929, Oxford University Press, London. Ittyerah, A.C.,
The Public Distribution System in India, 1992, Eastern Book
Publications, New Delhi. Jain, M.P., Outlines of Indian Legal 85
Constitutional History, 2012, Lexis Nexis Butterworths Wadhwa,
Nagpur.
 James, C. Scott, Seeing like a State: How certain schemes to improve
the human condition have failed, 1998, Yale University Press, New
Haven.
 Jayaram, N. (ed.). The Indian Diaspora: Dynamics of Migration, 2004,
Sage Publications, New Delhi.
 Jharwal, S.M., Public Distribution System in India-Reassessed, 1999,
Nanak Publications (P) Ltd, New Delhi. Joshi, K.C., The Constitutional
Law of India, 2011, Central Law Publication, Allahabad.
 Kabra, Kamal Nayan, Political Economy of Public Distribution of Food
in India, 1990, Ajanta Publications, Delhi.
 Kulshrestha, V.D., Landmarks in Indian Legal and Constitutional
History, 2009, Eastern Book Company, Lucknow. Kumar, Narender,
Constitutional Law of India, 2004, Allahabad Law Agency, Faridabad.
(Haryana).
C. JOURNALS
 Dr. Mukta Verma, “Right to Food as Human Right: Issues and
Challenges” 2 GAP INTERDISCIPLINARITIES - 373 an International
Peer-Reviewed Open Access Journal of Interdisciplinary Studies 373-
376 (2019).
 Manoj Kumar Sinha, “Right to Food: International and National
Perspectives” 56 Journal of the Indian Law Institute 47-61 (2014).

101
  Sanjeeve Gowda. G.S, “Right to Food in India: A Constitutional Perspective”
3 International Journal of Law and Legal Jurisprudence Studies 28-39.
 Shaleen Jain, “Food Security in India: Problems and Prospects” 9 OIDA
International Journal of Sustainable Development 11-20 (2016).
 Ashok Gulati, Raj Paroda, et.al., “Food System in India. Challenges,
Performance and Promise” Science and Innovations for Food Systems
Transformation 813-828 (2023).
 Sudha Narayanan, “Food Security in India: The Imperative and its
Challenges” 2 Asia & the Pacific Policy Studies 197-209 (2015).

D. WEBSITES
 www.twnside.org.sg/title/protest.htm
 www.hinduonnet.com/thehindu/2001/02/26/stories/05262524.htm
 www.hindu.com/2001/02/27/stories/05272524.htm
 www.indianembassy.org/dydemo/agriculture.htm
 www.hinduonnet.com/thehindu/2001/08/21/stories/01210001.htm
 www.unicef.org/sowc02summary/table1.html
 www.unhchr.ch/tbs/doc.nsf/MasterFrameView/
3d02758c707031d58025677f003b73b9? Opendocument

102