Ending Hunger, Enforcing the Right to Food

 Ending Hunger, Enforcing the Right to Food

 

 

India is a larger producer of food, yet millions are starving in the country. In 2023, India ranked at the 111^th position in the Global Hunger Index out of 125 countries with a score of 28.7 and categorised at the position with the serious level of hunger[1]. The website of the World Food Program reported that despite enjoying a steady economic growth, India houses a quarter of all undernourished people in the world[2]. As per the fact sheet by the WHO[3] released on January 28, 2022, children under 5 years of age are facing acute malnutrition. The SOFI Report[4] states that almost two-thirds of Indians are unable to afford a healthy diet.

 

One of the interesting examples of the successful but tedious people’s struggle relates to the right to food in the neoliberal globalized India. In PUCL v Union of India[5] a petition was filed in April 2001 to prevent starvation deaths when surplus of the food was rotting in the government silos[6]. The Supreme Court issued a series of interim orders over the years and mandated the government to take a range of actions to prevent starvation and hunger, and converted the state welfare measures into a legal entitlement as the right to food through which the state can be held accountable to its obligations to maintain nutrition. Provisions have been laid down for the midday meals in schools, supplementary nutrition for pregnant and lactating mothers, the food subsidy scheme, pensions, and maternity benefits.

 

These orders became a rallying point around which a network of activists and groups in different states came together, and the Right to Food campaign was constituted[7]. The campaign took collective action to achieve its goals. Slogans such as starving bellies, overflowing godowns (bhooke pet bhare godam)[8]. When the interim orders were not enforced by local state institutions, civil society groups and local citizens organized and demanded enforcement of the interim orders[9]. The Right to Food Campaign allies with the state in the fight against hunger, also, at the same time, it critiqued the state institutions for neglecting their duties, exposes leakage, highlights the weak links, and emphasizes the element of corruption. The campaign also countered the WTO policies relating to the rollback of welfare provisions. The campaign also pressured the state to enact a nationwide comprehensive legislation.

 

The fight against hunger resulted in the enactment of the National Food Security Act, 2013[10].  This law is a milestone in history. It empowered more than 800 million Indians (75 percent of the rural and 50 percent of the urban population living below the poverty line) to legally claim their right to subsidised staple food. The struggles significantly raised the idea of moral and distributive justice. It reminded the state of its social obligations while comprehensively elaborating on socio-legal dimensions of the concept of the right to food in terms of freedom from hunger and starvation, the right to clean, nutritious healthy food, right to clean drinking water, health care[11] and over all basic dignity to life for all including the farmers and peasants[12]. The struggle also debated the issues pertaining to food security, food sovereignty, and the agrarian economy.

This struggle significantly raised the idea of moral and distributive justice[13]. It reminded the state of its obligations and elaborated on the socio-legal dimensions of the right to food, encompassing freedom from hunger, the elimination of starvation, the right to clean, nutritious, healthy food, access to clean drinking water, health care, and, the overall dignity to life for all, including the rights of the farmers and peasants. The recognition of food as a legal entitlement for the poor became possible because civil society applied the prism of rights and justice, connecting it to basic human needs.

However, in the New India, food as a right is diminished and reduced to a dole by merging the two schemes under the PM Garib Kalyan Yojna and the NFSA[14]. The ranking of India in the Global Hunger Index is consistently declining. Over the past few years, consistently, the anti-people decisions have reduced the idea of citizens as rights-holders to passive recipients or beneficiaries (Labharthi) or a receiver of doles, services, and tangible benefits. The political discourse around revdi culture (freebies) has diminished the idea of rights as concrete entitlements of a citizen. Consequently, the citizen-state relationship is now construed as a transactional interaction, shifting the accountability of the state onto the duties of citizens[15].

The need, therefore, is to revitalize the people’s struggles for their rights. To enforce rights, what is required is an impartial, equitable, transparent, fair, sensitive, and inclusive mechanism that not only respects, protects, and promotes rights but also acts to build the capacity of its citizens to raise their concerns.

The rights-based discourse must be strengthened to revitalize the struggles of the marginalized to 1) Demand their rightful share of power, resources, identity, belongingness, and overall justice, or haq ki ladai (struggle to reclaim dues or entitlements); 2) Protect their rights to jal, jungle, and zameen (water, forest, and land); 3) Claim basic entitlements such as roti, kapda, aur makaan (bread, clothes, and housing) as well as the right to livelihood, health, safety, environment, information, and education, all essential for a dignified life 4) Demand positive freedoms such as freedom of information and affirmative actions to support the marginalized among others; and 5) Foster solidarity to reclaim swaraj (self-rule) and Azadi (freedom) from fear, violence, starvation, and oppression to create a just social order[16].

 

 

 

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[1] https://www.globalhungerindex.org/india.html

[2]https://www.wfp.org/countries/india accessed on July 2, 2024

[3] WHO (2022) Child Mortality (under 5 years) January 28 https://www.who.int/news-room/fact-sheets/detail/levels-and-trends-in-child-under-5-mortality-in-2020#:~:text=Malnourished%20children%2C%20particularly%20those%20with,under%205%20years%20of%20age.

[4] FAO, IFAD, UNICEF, WFP and WHO (2023) The State of Food Security and Nutrition in the World 2023. Urbanization, agrifood systems transformation and healthy diets across the rural–urban continuum. Rome, FAO. https://doi.org/10.4060/cc3017en

[5] PUCL v Union of India (Civil No. 96 of 2001)

[6] Birchfield, L. and Corsi, J. (2010) ‘Between Starvation and Globalization: Realizing the Right to Food in India’, Michigan Journal of International Law 31.4: 691–764

[7] Hertel, S. (2015) ‘Hungry for Justice: Social Mobilization on the Right to Food in India’, Development and Change 46.1: 72–94

[8] Srinivasan, V. and Narayanan, S. (2007) ‘Food Policy and Social Movements: Reflections on the Right to Food Campaign in India’, in Food Policy for Developing Countries. Edited by P Pinstrup-Andersen and Fuzhi Cheng, Cornell University, New York

[9] Drèze, Jean. (2004) Democracy and Right to Food, Economic and Political Weekly 39, 1723-31

[10] National Food Security Act 2013 talks about legal entitlement for food security is passed after a long struggle.  Act No. 20 of 2013 http://indiacode.nic.in/actsin-pdf/202013.pdf 

[11] Dreze Jean (2004) Democracy and Right to Food, Economic and Political Weekly April, 1723-31

[12] Nigam Shalu (2015) Everyday Survival, Everyday Struggle: Fighting Against Hunger in South Asia, countercurrents.org, January 26 https://countercurrents.org/nigam260115.htm

[13] Nigam, Shalu. (2015). “Everyday Survival, Everyday Struggle: Fighting Against Hunger in South Asia.” countercurrents.org. January 26. https://countercurrents.org/nigam260115.htm

[14] Sinha Rajesh, (2023) Analysing the Masterstroke: Modi Govt cut Food Allocation to the Poor, The Deccan herald, January 2, https://www.deccanherald.com/opinion/analysing-a-masterstroke-modi-govt-cuts-food-allocation-for-the-poor-1177148.html

[15] Nigam Shalu (2024) Human Rights in Everyday life in India: The Praxis from Below, We the People Network, Delhi https://amzn.in/d/hDbGlCP

[16] Nigam Shalu (2024) Human Rights in Everyday life in India: The Praxis from Below, We the People Network, Delhi https://amzn.in/d/hDbGlCP

Learning the Practical Application of Human Rights

 Memories 

June 2017 at Gandhi Peace Foundation, Delhi 

with PUCL Interns 

The journey of understanding and applying human rights in real-world scenarios is a continuous one. Every case of a human rights violation brings with it unique circumstances and challenges, demanding a tailored approach. In the context of India, where the socio-political dynamics are complex and evolving, these violations are becoming increasingly frequent and, at times, more severe. Navigating this landscape requires more than just theoretical knowledge—it calls for hands-on experience, critical thinking, and empathy.

As a human rights professional, one is constantly learning—each day brings new insights, challenges, and perspectives. The field of human rights is dynamic and deeply intertwined with evolving political, social, and cultural realities. No two cases are ever truly alike; each presents its own set of complexities, requiring critical thinking, contextual understanding, and adaptability. Whether it's understanding emerging forms of discrimination, navigating legal frameworks, or responding to shifting public sentiments, the learning never stops. Engaging with diverse communities, listening to survivors, and collaborating with colleagues across disciplines further enriches this ongoing process. Ultimately, this continuous learning is not just a professional necessity—it is a moral imperative that strengthens one’s ability to advocate effectively and compassionately for justice and dignity.

I consider myself fortunate to have had the opportunity to work alongside some of the most respected figures in the field of human rights. Their experience, commitment, and strategic thinking have been invaluable learning resources for me. Collaborating with them allowed me to observe the importance of detail-oriented analysis in every case. Whether it’s a minor infraction or a major abuse, every incident demands a nuanced understanding of the law, the context, and the people involved.

From these experiences, I’ve come to appreciate the necessity of building thoughtful, well-informed strategies to resist oppression and advocate for justice effectively. Human rights work is not just about standing up against injustice—it’s about doing so with clarity, compassion, and a clear plan of action. This practical learning has not only deepened my commitment to the cause but also sharpened my ability to contribute meaningfully to it.

Some of the important learnings for this session are:

Human Rights are not abstract concepts. For the subjugated, the language of rights is essential for articulating everyday oppression, including the denial of basic entitlements such as education, health care, housing, employment opportunities, erosion of livelihoods, land alienation, displacement, and all forms of violence.

Against this complex hierarchy of unspeakable suffering, the rights discourse holds the state accountable and compels it to recognize the rights of the marginalized for meaningful survival.