“Being disabled has a double effect, in reducing the person's ability to earn an income (the “earning handicap”) and in making the conversion of income into good living that much harder, thanks to the costs of assistance, and the impossibility of fully correcting certain types of disadvantages caused by disability (the “conversion handicap”).” – Amartya Sen.
Putting our concentration on the actual lives of people, the question that immediately arises is how to understand the richness and poverty of human lives.Cutting across the financial position- the rich or the poor- access to food and a right to it need to have a prudent look.Any discussion in this subject should start within the ambit of U.N. Universal Human Rights framework and the main reference point is located within the Universal Declaration of Human Rights (UDHR) (U.N. 1948), Article 25, which states, “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food.” It has been a reference point for human rights legislation that follows but not itself binding on any national or international legal instrument.
Our efforts in reducing poverty and hunger should ensure two special points at the focus, they are,
1. the World Food Summit (WFS)(13-17, November, 1996, Rome @ Italy), its commitments, and follow up
2. the Millennium development goals and their follow up
Both the World Food Summit and the Millennium development goals recognize the importance of food to alleviate hunger and its importance to human beings, though not addressing it in the context of a legal right. However, as major international efforts they can serve the purpose and start the discussion on human right to food.
Indian Situations
All the above discussions are significantly important for a country like India when it stands at a mile-stone in its way forward.Like many other nations, here in India too, we have no legislations in the form of fundamental rights that makes providing work for all, as a means to find earning for living, legally binding.But it is also to be mentioned here that India stands uniquely apart for making a legislation on provision of employment to rural poor and its implementation since then.National Rural Employment Guarantee Act(NREGA), now Mahatma Gandhi National Rural Employment Guarantee Act(MGNREGA) enjoys a special place among legislations for its improved socio-ecnomic content.Though it is not placed under the title of fundamental rights, the State cannot stay away from the obligation this act sets on its shoulders.In its unique approach to the problem of un-employment and solving the same MGNREGA can be considered as an attempt to the realization of the goal set by United Nation’s Universal Declaration of Human Rights under article 23(1) which states Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.Improving the financial position of people who were deprived of all social benefits till recent times, it is high time to start discussing the right to food reaching the entire spectrum, not just the poor but all.Recognising anything as a right would also fix it as a responsibility on the State machinery to perform.
Public Distribution System in India
While referring to Bengal famine Amartya Sen has made an observation that it is equally important to have a system of distribution of food and essential commodities that is always accessible to the public. Malfunctioning in the public distribution system makes the public desperate and the poor among them worst living.For a country like India, it is not an easy task to ensure that all people go to bed without an empty stomach after toiling them under the shining sun.State, either directly by its own mechinery or by peoples’s co-operatives, should ensure that food and essential items reach all without any leakage.Statutory rationing system which we had since 1964 till 1997 was a comprehensive measure in establishing a channel of distribution for food and essential articles.Since then we have been following a system of Targeted Public Distribution System(TPDS) which covers only those coming under the line of poverty.Economic jurisprudence of the time perhaps justifes this categorization and limiting the benefits only to the poor.But the issue when it comes to practice does not seem to be nice to those near the mark of poverty or those who constitute the middle income group.Experts working in this area hold the opinion that the withdrawal of the middle class who were highly concerned of the quality side has lead to a system with quality is no more a major issue.
There are many aspects to be considered before determining who is going to benefit from all these and the issue of access to food is a subject which have a scope more than economics.Socio-Political aspects of the issue require equal importance in a society like India where we have the history of popular agitation for access to food articles in both pre and post independence days.The power has come to the hands of people more than six decades ago but we have a lot more to ensure a dignified life to all, not leaving anyone for any reason further making them starving for the benefits of an improved social life.Following the observation made by Justice Wadhwa Committee(chairman-central vigilance committee) we would be able to find enough reasons for the food-grains being left undistributed.The systemic problems of PDS are yet to be resolved with a better and comprehensive approach and the isolation of any groups of beneficiaries would further weaken the system(The recent Supreme Court direction to the Union government on allocation of food-grains to the categories below and above poverty-line and the reaction from Minister Sharad Pawar and Prime Minister Manmohan Singh may be recalled here).
Right to Food Ligislation
The discussion held so far shows no clear understanding, but there are many voices coming out, about the draft of legislation to be brought up.National Advisory Council, policy guide to UPA-II, in its meeting on August 30 has come in favor of the universalisation of entitlement, the Empowered Group of Ministers is opposed to this idea since beginning.And after the meeting on September 24 in this regard the government and the Planning Commission has taken a stand of no legal guarantees of food security to the above poverty-line category.Meanwhile, Planning Commission member Abhijit Sen was quoted saying by the media that if food-security is to be enshrined as a right, it has to be universal, otherwise it would lead to flooding of cases before the court to determine on the issue who is a poor, and who is not.Till the moment it remains outside the parliament and yet to take the form of a final draft.The Kolkata group, a think-tank and policy making group, argues for a universal entitlement to be established with this act.The concerns for a universal entitlement clearly speak that a special attention to the poorest among the crowd is not to mean another blockade in the way of reaching to the society.The division between the rich and the poor should be done with care and justice, and frequently updated with the studies conducted, thus further not leaving anyone unfit for living in this world.This attains importance when the study by different teams show different figures for the poor among Indians.
Right to Food legislation should conceive the ideas and approaches to be implemented to achieve issues of nutritious food, woman and child health, etc.A new system of distribution, leak-proof and well functioning, to be established with the support of the local governments.Storage system which can cater to the needs of the channel of distribution is to be established.Local resources are proven capable of taking the welfare measures of the governments- both state and central level, and indirectly the machinery of government as well, to the farthest corner of our nation, at least after the successful implementation of 73’rd and 74’th amendment acts in its letter and spirit.Lessons we have learned so far in the conduct of social action legislations should be utilized to ensure a hunger-free India with the support of all stake-holders.
Challenges ahead
Legislation can mark a lot but not to change the attitude.A country like India have a vast resource of land, a major part of which are agriculturally fertile and if utilized properly would give enough to meet the demand, a part if not the whole.This is where we have not made any move to develop and implement a proper, sustainable and with a nationalistic outlook, a land-use policy so far.Growing conversion of agricultural land to implement commercial ventures have a double impact, firstly on food-security and secondly on making the land infertile or inaccessible for agriculture any further.A detailed analysis, from the micro level, should be done on the existing scheme of agriculture, thus making a review of the present conditions before establishing any act.At the level of farmers, there are many engaged with commercial-crops, forgetting food-crops absolutely.Also the cases of conversion from food-crops to commercial-crops indicate the lack of a holistic approach in agriculture.
Challenges are not just limited to the territorial extent of our country but it is equally important to have a world-vision.The reports of International Food Policy Research Institute(IFPRI) show us the changing ownership of land internationally, many of the agricultural land of the developing or under-developed nations, either in Africa or Asia, are being owned or possessed by agencies outside for various purposes with a larger focus on commercial, including agriculture as a source for clean energy which is another important concern of the time, and leaving them further behind in solving many primary issues, including food.
The present-day situation of India, when it tries to move from agrarian economy to knowledge based, needs to have a careful, detailed, and a prudent look to find a permanent, existing, and profitable scheme for all initiatives to make India a progressive and equalitarian society worth living for all irrespective of the division of any kind.A detailed account of the present makes us a little concerned about the policies we carry now and also it demands from us a comprehensive, just, and popular approach to resolve the conflict of this age.It is in this context we have to frame up a system, with the backing of an act of Parliament revamping the one existing now.This new act of legislation and its conduct should thus set a model for all the ages to come, concerning social-action legislations.This is where the Right to Food Act should take its base to grow further ensuring the growth of the society bringing up the poorest of the poor.v
Putting our concentration on the actual lives of people, the question that immediately arises is how to understand the richness and poverty of human lives.Cutting across the financial position- the rich or the poor- access to food and a right to it need to have a prudent look.Any discussion in this subject should start within the ambit of U.N. Universal Human Rights framework and the main reference point is located within the Universal Declaration of Human Rights (UDHR) (U.N. 1948), Article 25, which states, “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food.” It has been a reference point for human rights legislation that follows but not itself binding on any national or international legal instrument.
Our efforts in reducing poverty and hunger should ensure two special points at the focus, they are,
1. the World Food Summit (WFS)(13-17, November, 1996, Rome @ Italy), its commitments, and follow up
2. the Millennium development goals and their follow up
Both the World Food Summit and the Millennium development goals recognize the importance of food to alleviate hunger and its importance to human beings, though not addressing it in the context of a legal right. However, as major international efforts they can serve the purpose and start the discussion on human right to food.
Indian Situations
All the above discussions are significantly important for a country like India when it stands at a mile-stone in its way forward.Like many other nations, here in India too, we have no legislations in the form of fundamental rights that makes providing work for all, as a means to find earning for living, legally binding.But it is also to be mentioned here that India stands uniquely apart for making a legislation on provision of employment to rural poor and its implementation since then.National Rural Employment Guarantee Act(NREGA), now Mahatma Gandhi National Rural Employment Guarantee Act(MGNREGA) enjoys a special place among legislations for its improved socio-ecnomic content.Though it is not placed under the title of fundamental rights, the State cannot stay away from the obligation this act sets on its shoulders.In its unique approach to the problem of un-employment and solving the same MGNREGA can be considered as an attempt to the realization of the goal set by United Nation’s Universal Declaration of Human Rights under article 23(1) which states Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.Improving the financial position of people who were deprived of all social benefits till recent times, it is high time to start discussing the right to food reaching the entire spectrum, not just the poor but all.Recognising anything as a right would also fix it as a responsibility on the State machinery to perform.
Public Distribution System in India
While referring to Bengal famine Amartya Sen has made an observation that it is equally important to have a system of distribution of food and essential commodities that is always accessible to the public. Malfunctioning in the public distribution system makes the public desperate and the poor among them worst living.For a country like India, it is not an easy task to ensure that all people go to bed without an empty stomach after toiling them under the shining sun.State, either directly by its own mechinery or by peoples’s co-operatives, should ensure that food and essential items reach all without any leakage.Statutory rationing system which we had since 1964 till 1997 was a comprehensive measure in establishing a channel of distribution for food and essential articles.Since then we have been following a system of Targeted Public Distribution System(TPDS) which covers only those coming under the line of poverty.Economic jurisprudence of the time perhaps justifes this categorization and limiting the benefits only to the poor.But the issue when it comes to practice does not seem to be nice to those near the mark of poverty or those who constitute the middle income group.Experts working in this area hold the opinion that the withdrawal of the middle class who were highly concerned of the quality side has lead to a system with quality is no more a major issue.
There are many aspects to be considered before determining who is going to benefit from all these and the issue of access to food is a subject which have a scope more than economics.Socio-Political aspects of the issue require equal importance in a society like India where we have the history of popular agitation for access to food articles in both pre and post independence days.The power has come to the hands of people more than six decades ago but we have a lot more to ensure a dignified life to all, not leaving anyone for any reason further making them starving for the benefits of an improved social life.Following the observation made by Justice Wadhwa Committee(chairman-central vigilance committee) we would be able to find enough reasons for the food-grains being left undistributed.The systemic problems of PDS are yet to be resolved with a better and comprehensive approach and the isolation of any groups of beneficiaries would further weaken the system(The recent Supreme Court direction to the Union government on allocation of food-grains to the categories below and above poverty-line and the reaction from Minister Sharad Pawar and Prime Minister Manmohan Singh may be recalled here).
Right to Food Ligislation
The discussion held so far shows no clear understanding, but there are many voices coming out, about the draft of legislation to be brought up.National Advisory Council, policy guide to UPA-II, in its meeting on August 30 has come in favor of the universalisation of entitlement, the Empowered Group of Ministers is opposed to this idea since beginning.And after the meeting on September 24 in this regard the government and the Planning Commission has taken a stand of no legal guarantees of food security to the above poverty-line category.Meanwhile, Planning Commission member Abhijit Sen was quoted saying by the media that if food-security is to be enshrined as a right, it has to be universal, otherwise it would lead to flooding of cases before the court to determine on the issue who is a poor, and who is not.Till the moment it remains outside the parliament and yet to take the form of a final draft.The Kolkata group, a think-tank and policy making group, argues for a universal entitlement to be established with this act.The concerns for a universal entitlement clearly speak that a special attention to the poorest among the crowd is not to mean another blockade in the way of reaching to the society.The division between the rich and the poor should be done with care and justice, and frequently updated with the studies conducted, thus further not leaving anyone unfit for living in this world.This attains importance when the study by different teams show different figures for the poor among Indians.
Right to Food legislation should conceive the ideas and approaches to be implemented to achieve issues of nutritious food, woman and child health, etc.A new system of distribution, leak-proof and well functioning, to be established with the support of the local governments.Storage system which can cater to the needs of the channel of distribution is to be established.Local resources are proven capable of taking the welfare measures of the governments- both state and central level, and indirectly the machinery of government as well, to the farthest corner of our nation, at least after the successful implementation of 73’rd and 74’th amendment acts in its letter and spirit.Lessons we have learned so far in the conduct of social action legislations should be utilized to ensure a hunger-free India with the support of all stake-holders.
Challenges ahead
Legislation can mark a lot but not to change the attitude.A country like India have a vast resource of land, a major part of which are agriculturally fertile and if utilized properly would give enough to meet the demand, a part if not the whole.This is where we have not made any move to develop and implement a proper, sustainable and with a nationalistic outlook, a land-use policy so far.Growing conversion of agricultural land to implement commercial ventures have a double impact, firstly on food-security and secondly on making the land infertile or inaccessible for agriculture any further.A detailed analysis, from the micro level, should be done on the existing scheme of agriculture, thus making a review of the present conditions before establishing any act.At the level of farmers, there are many engaged with commercial-crops, forgetting food-crops absolutely.Also the cases of conversion from food-crops to commercial-crops indicate the lack of a holistic approach in agriculture.
Challenges are not just limited to the territorial extent of our country but it is equally important to have a world-vision.The reports of International Food Policy Research Institute(IFPRI) show us the changing ownership of land internationally, many of the agricultural land of the developing or under-developed nations, either in Africa or Asia, are being owned or possessed by agencies outside for various purposes with a larger focus on commercial, including agriculture as a source for clean energy which is another important concern of the time, and leaving them further behind in solving many primary issues, including food.
The present-day situation of India, when it tries to move from agrarian economy to knowledge based, needs to have a careful, detailed, and a prudent look to find a permanent, existing, and profitable scheme for all initiatives to make India a progressive and equalitarian society worth living for all irrespective of the division of any kind.A detailed account of the present makes us a little concerned about the policies we carry now and also it demands from us a comprehensive, just, and popular approach to resolve the conflict of this age.It is in this context we have to frame up a system, with the backing of an act of Parliament revamping the one existing now.This new act of legislation and its conduct should thus set a model for all the ages to come, concerning social-action legislations.This is where the Right to Food Act should take its base to grow further ensuring the growth of the society bringing up the poorest of the poor.v
NB: This paper needs a total review to make it more refined in its approach and to make it anymore flawless. The process of review is on, but will take some amount of time to come up with a final version.
