Right to Food

Right to Food

Right to food is a basic human right. Yet, reports of starvation deaths and widespread hunger are common in India. In 2013, a Rapid Survey on Children (RSOC) commissioned by the Union Ministry of Women and Child Development found 29.4% of children (aged less than 3 years) to be underweight, while 15% were found wasted and 38.7% stunted. Particularly hard hit are backward classes, with the highest levels of malnutrition being recorded among these sections. According to NFHS-3 data (2005-2006), 54% of SC/ST children were found stunted as against 41% among upper caste children. Among OBCs, 49% children were stunted. This situation is especially unacceptable because India is a surplus producer of grain. This grain, however, is often exported or sold on the open market. The poor often cannot afford to buy grains at market rates and hence, it is imperative that the public distribution system which provides grain very cheaply is strengthened.

To meet this situation of widespread and chronic hunger the government of India has initiated several programmes such as:

1. The Mid-Day Meal Scheme for children in schools.

2. The Integrated Child Development Scheme (ICDS) for children in the age group between 0 and 6 years, adolescent girls, and pregnant and lactating women.

3. The National Rural Employment Guarantee Act (NREGA) to provide employment, particularly in rural areas.

4. A pension scheme and a free grain supply scheme for destitute persons above the age of 65 years.

However, the implementation of these schemes has been found to be sub-optimal and with more starvation deaths being recorded each year. This calls for an intervention by civil society groups. In collaboration with the People’s Union for Civil Liberties (PUCL) and other organisations, the Human Rights Law Network (HRLN) responded to this problem by filing a public interest petition in the Supreme Court of India asking for directions to be issued to the government of India and the state governments so that malnutrition could be reduced and starvation deaths prevented.

What HRLN Does

Right to Food is an essential part of the “Right to live with human dignity”. Our work is about identifying and working towards the elimination of hunger and holding the government accountable for feeding its people. We are dedicated to protecting the fundamental rights of the poor, and increasing access to basic resources among marginalized communities. HRLN is an integral part of the Right to Food movement in India. From examining facts behind the food security crisis of the late 1990s and putting them on display at every public platform, to working in solidarity with PUCL and others on filing the PIL, PUCL vs UOI and Ors, (writ petition 196, 2001) in the Supreme Court, HRLN has played a central role in exposing violations of rights and using the legal system to correct the situations. In addition to working with India’s national Right to Food Campaign – a nationwide collective — we have also formed our own Right to Food campaign to sustain focus and dedicate resources to this critical struggle through the following means:

- Legal education, judicial colloquia and training: To increase awareness among lawyers and activists through training, and to sensitise the judiciary through judicial colloquia to address food security interventions. The national “judicial colloquium on the right to food”, held in New Delhi in August 2005, was attended by 61 high court judges from 17 states (including four chief judges, and one Supreme Court judge). The colloquium raised judicial awareness on starvation, malnutrition and the right to food

- Delhi lawyer and activist training workshops: To impart knowledge about the right to food as a basis for bringing the issue to courts

- State, national and international training sessions: To allow people to share experiences to improving the understanding of the national right to food campaign

- Advocacy and campaigning

- Providing access to justice to those who are most adversely affected by the food security crisis

- Undertaking legal advocacy campaigns for farmers, the aged, disabled and others

- Organising public hearings, fact findings and rallies

- Highlighting issues concerning the statutory bodies of the government related with food security

- Legal aid and public interest litigation

Main Concerns

- To ensure availability of good quality foodgrains to the below poverty line (BPL), above poverty line (APL) and the destitute and marginalised people at a subsidised rate with a quantity of 35 kg/month as directed by the Supreme Court.

- To ensure proper operationalisation of all the integrated child development services centres and to take up the initiative to increase the centres up to a significant number so it covers the target group to a sound extent.

- To broaden the base of the public interest litigation initiative from the Supreme Court to the High Courts, thus decentralising the initiative so that various food security schemes can be enforced at the state-level by NGOs acting independently.

- To raise awareness of the increased discrimination against Dalits, single women, HIV positive people, differently-abled and dependent elderly people in the public food security systems, and to reduce the discrimination faced by these groups.

- To raise the issue of accountability in starvation death cases and ensure that Supreme Court orders hold senior civil administrators responsible for these deaths.

- To expand the legal literacy programme so that NGOs in each state are extensively trained in food security and law issues, thereby enabling them to take legal action independently.

- To take up issues related to the exclusion of below poverty line (BPL) persons from the public distribution system (PDS) in the latest survey conducted by the Government of India so that millions of poor that have been wrongly excluded can be brought up once again in the BPL list and can thereby receive subsidised grain.

- To reduce the maternal mortality rate (MMR) and infant mortality rate (IMR) by enforcing the directions of the Supreme Court. To introduce all elderly and differently-abled people belonging to the BPL families to the cash assistance programme, thereby providing all eight food security schemes offered by the Government of India.

Impact

HRLN has filed public interest litigations from various high courts in the Supreme Court to ensure that the various food security schemes such as the mid-day meal scheme, ICDS, NM BS, PDS, AAY, annapurna, NOA PS, NF BS and NREGA can be enforced at the level of the various states by NGOs acting independently. Previously, HRLN has filed over 86 Interlocutory applications (IA) in Supreme Court on hunger and starvation deaths, ICDS, safe drinking water supply, breastfeeding, NMBS, BPL, PDS, NOAPS, and others food-related issues. It also provides legal aid across the country wherever right to food is violated.

training

JHARGRAM DISTRICT MEETING

The Constitution of India is firmly grounded in the principles of liberty, fraternity, equality and justice. While the ...read more

training

SOUTH 24 PARGANAS DISTRICT MEETING

South Twenty Four Parganas is the largest district of West Bengal State and the second most populous district, loc ...read more

training

EAST MEDINIPORE DISTRICT MEETING

Attaining equality between women and men and eliminating all forms of discrimination against women are fundamental hum ...read more

training

JALPAIGURI STUDENTS HUMAN RIGHTS MEETING

Right to Food is a Fundamental right, the Commission has taken the view that the Right to Food is inherent to a life w ...read more

training

State Level Meeting on Violation of Human Rights in West Bengal During Covid 19

Prior to the announcement of the National Lockdown on 25 March 2020, a number of courts had shut down in response to t ...read more

litigation

PIL filed in Orissa High Court seeking priority vaccines and Covid care management to Adivasi and PVTGs

Upendra Bhai Vrs State of Odisha and others-W.P.(C) PIL No. 17182 of 2021
Pending

litigation

Three quality meals a day at shelter homes

Bandhua Mukti Morcha Vs Delhi Urban Shelter Improvement Board & Ors
Pending

publication

Demand for Repeal of the three Farm Laws

DEMAND FOR REPEAL OF THE 3 FARM LAWS Parliament cannot legislate on agriculture;it is in the exclusive domain of th ...read more

litigation

HRLN files Amicus in before Republic of Uganda for establishing food reserves

MIsc Appeal in CIVIL APPEAL N0.______OF 2020 AND 1. CENTER FOR FOOD AND ADEQUATE LIVING RIGHTS (CEFROHT) 2. ATTORNEY GENERAL
Pending

training

Using the Law for Human Rights in Arunachal Pradesh

On 18th July, the Human Rights Law Network, in collaboration with North East Support Centre & Helpline, Himalayan Un ...read more

litigation

PIL Filed for Migrant Labourers in Madhya Pradesh during COVID 19

Banddhua Mukti Morcha Vs. State of Madhya Pradehs, W.P. No (PIL) 7915/2020
Pending

Creator: ajijchan | Credit: Getty Images

litigation

Relief sought for Transgender Persons in Madhya Pradesh

Sandhya vs State of Madhya Pradesh and Ors
Pending

litigation

Supreme Court directs States to provide food and water to stranded migrants

training

Webinar on Right to Food

Prior to the announcement of the National Lockdown on 25 March 2020, a number of courts had shut down in response to the ...read more

publication

Relief Work - Bihar Unit

HRLN team (Deepak Kumar Singh, Shashwat, Vishal and Fazal Abdali) initiated the identification of the vulnerable familie ...read more

litigation

right to food during covid

Rajan Kumar Singh Versus Union of India and ors. [WP(PIL) No. 1322/2020]
Disposed of

publication

Relief Work - Assam Unit

The Assam Unit of HRLN has actively been providing assistance to their clients and provided dry ration to families stayi ...read more

publication

End the harassment of farmers now

Exemptions granted to farming and related activities during the lockdown must be followed in practiceDrafting orders wit ...read more

litigation

Challenging Police Crackdown of Farmers stepping out for farming activity

Swami Agnivesh and Anr vs Union of India and Ors
Disposed Off

litigation

Rights of Transgender Persons during the Covid 19- Lockdown: Jharkhand

Amarjeet Singh Vs State of Jharkhand and Ors; W.P.(PIL) No. 1301 of 2020
Pending

publication

Food Security and Judicial Activism in India

Edited by Michael Higgins, Suresh Nautiyal This book comprises the expert analysis of leading commentators and judges o ...read more

publication

Bhojan Ka Adhikar. 4th Edition (Right To Food)

...read more

publication

Yet another starvation death in Jharkhand due to lack of Aadhaar card: HRLN, civil society groups conduct probe

On July 24, a starving 39-year-old man in Jharkhand breathed his last after months of suffering. He and his family, who ...read more

litigation

SC asks Centre to frame a comprehensive policy for the Supplementary Nutrition Programme

litigation

Starvation deaths: Supreme Court to hear HRLN’s petition on linking of ration, Aadhaar cards

litigation

Pregnant woman's death: Petition filed to highlight failed implementation of NFA Act, 2013

publication

Right to Food (Fourth edition)

Compilation: Anup Kumar Srivastava, Manisha Tiwary. Text editor: Suresh Nautiyal. Proofs: Imran Ali. ...read more

litigation

Children not receiving regular mid-day meals in Jharkhand

litigation

HRLN activists, community leaders work to ensure access to food, primary healthcare, and education in Delhi village

litigation

Mumbai high court pulls up state govt over delay in setting up food commission

litigation

2012: PUCL vs Union of India and others, Civil Writ Petition 196 of 2001

litigation

2001: PUCL vs Union of India and others, Civil Writ Petition 196 of 2001

litigation

HRLN files PIL over 40,000 quintal food grain rotting in open in Allahabad (Doaba Utthan Evam Vikas Samiti Vs. Union of India & others)

publication

High Court of Gauhati orders Air Lifting of Food and essential commodities to remote areas of Dibang valley in Arunachal Pradesh

litigation

FACT- FINDING REPORT ON THE VIOLATION OF THE RIGHT TO FOOD OF SEX WORKERS IN THE WATGUNJ RED LIGHT AREA AT MUNSHIGUNGE ROAD (KHIDDERPORE RED LIGHT AREA)

The Fact- Finding Investigation has been conducted by a team led by Advocate Joveria Sabbah on 15.08.2021 at the W ...read more