Food
has been the basic need for human beings right from the
beginning of civilization. From the Stone Age to today's
cyber age, food occupied a prime position in human needs
without which survival would have been impossible. According
to the hierarchy of needs theory, food, being a part of
the basic needs (food, clothing and shelter) formed the
foundation from where fulfilment of all other needs start.
Among the three basic needs, food is to be attended first.
Unprecedented scientific and technological developments
have made man's life very simple, comfortable and convenient.
On the one hand, the growth of the food processing industry
by leaps and bounds providing varieties of food namely
fast foods, junk foods etc., which resulted in health
disorders among the affluent; and on the other hand getting
adequate food has remained an illusion for millions worldwide.
Many people suffer from diseases due to hunger, malnutrition
etc., ultimately leading to deaths. The most vulnerable
groups are children and women, especially pregnant and
lactating mothers, and elders, who are feeble and unable
to earn their food on their own.
The
problem of food insecurity is prevalent in almost all
countries of the world. Its predominant and aggravated
forms can be seen in many parts of Asia, Africa and Latin
America. This is very absurd in a world, which, as per
the Food and Agriculture Organization of the United Nations,
has capacity to feed double the number of present global
population. The consequences of mal/under nutrition are
underweight, mental retardation etc., which follow the
individual, for the rest of their lives. The most disheartening
fact is that a large number of children are dying of hunger,
malnutrition and resultant diseases before seeing their
fifth year. Thus, the innocent infants, have the right
to live in this world, are becoming victims to mismanagement
going on.
Solving
global hunger by 2015 is the first among eight Millennium
Development Goals of the United Nations. As per the UN
Food and Agriculture Organization's latest findings, there
are more than 854 million people in the world suffering
from hunger and it is further shocking to note that the
number is increasing at a rate of 4 million per year.
A recent UNICEF report indicates that India ranks first
among the world nations with regard to high malnutrition
rate. Further, India has the distinction of having the
highest child mortality rate. At this point of time, in
light of these glaring facts, it will be appropriate for
us to introspect for a moment the so called economic development
and scientific advancements India has attained in the
recent times.
All
human beings have a right to live with dignity with atleast
two decent meals a day. Right to Food and right to be
free from hunger are the human rights which are protected
under various international human rights and humanitarian
laws. Right to Food is explicitly mentioned in the Article
25(1) of the Universal Declaration of Human Rights 1948;
and the Article 11 of International Covenant on Economic,
Social and Cultural Rights 1966. It is also recognised
in the Convention on the Rights of the Child 1989 and
the Convention on the Elimination of all forms of Discrimination
Against Women (CEDAW). Right to Food of indigenous people
is implicit in the ILO Convention No-169 which is approved
by 17 countries. Around 151 nations have ratified the
ICESCR-1966 having a primary obligation to implement the
Right to Food for their people. Approximately 20 countries
in the world have incorporated the Right to Food in their
national laws. The General Comment 12(1999) of the UN
Economic and Social Council has authoritatively defined
the right to food.
According
to it, "the right to adequate food is realized when
every man, women and child alone or in community with
others has physical and economic access at all times to
adequate food or means for its procurement." As observed
by the Supreme Court of India, in a Public Interest Litigation,
(PUCL vs. Union of India) the legal basis for Right to
Food is implicit in the Article 21 (Right to Life) and
Article 47 (DPSP) of the Indian Constitution.
Right
to Food is a very complex one. It is interrelated and
interdependent with other rights like Right to Life, Right
to Employment, Right to Health etc. Protection of the
Right to Food requires the protection of these interrelated
rights. Very often, Right to Food is violated indirectly.
Infact, the problem relating to Right to Food is not the
availability of food, but the accessibility to food. The
main problem is that people lack the purchasing power
to get the available food. Hence, it is a problem of scarcity
amongst plenty. Nobel laureate Prof. Amartya Sen has strongly
emphasized the need to strengthen people's entitlements
in order to ensure food security to them in his famous
work "Poverty and Famines". He advocated human
development alone to be the real economic development.
Barring a few nations, majority of the countries are able
to provide enough food to their people either by way of
domestic production or through imports. But, the distribution
of this food is a real problem due to multiple factors.
Therefore, the State has to ensure such an ideal environment
in which the people will be in a position to purchase
food. A revolutionary change cannot be brought overnight.
It requires an evolutionary and comprehensive approach
with sustainable strategies.
The
'State' is having primary obligations of dual nature (positive
and negative) regarding the Right to Food. Sometimes,
its 'interference' is mandatory to protect the people
from the negatively affecting actions of powerful third
parties and sometimes, its 'non-interference' is mandatory
with the peaceful enjoyment of Right to Food through certain
acts like forcible dispossession from agricultural land
where the land is their primary source of getting food.
The State is also having the obligation to provide 'emergency
food aid' during situations like floods and droughts.
Any negligence on the part of the State in attending the
above obligations amounts to violation of Right to Food.
If the resources do not permit, the state can seek international
aid to overcome the crisis.
Though
the primary responsibility for ensuring Right to Food
lies with the native States, resource rich countries being
parties to the ICESCR also have the obligation to help
the resource lacking countries by way of the "Development
Cooperation", from the Official Development Assistance
funds, as stipulated in the Article 2(1) of the ICESCR
(1966).
In
view of globalization and the strong interdependency of
nations, International Multilateral Institutions like
the IMF, World Bank, WTO and the Multinational Companies
also have their respective roles to play. The recent developments
in Agri-biotech IPR Regime providing I.P. protection to
'seeds and livestock breed' are posing a greater threat
to the Right to Food as the poor farmers are required
to pay higher prices for the use of these patented basic
needs.
This
Book contains eight articles that discuss the general
aspects of Right to Food and also examines the Right among
various vulnerable groups in different regions of the
world which are prone to hunger and malnutrition.
The
first article, "Securing Enough to Eat" by Sophia
Murphy defines the term 'food security' and the shifting
nature of the definition from time to time. It discusses
the components of food security i.e., Supply, Distribution
and Access. This article also deals with various strategies
to achieve food security and the recent WTO era of liberalisation
which allows international free trade in agriculture having
its harming effects on farming community in poor countries.
This is because of cheap dumped imports without any arrangements
for 'social nets' which deprive the poor peasant's means
of livelihood amounting to violation of right to food.
The author further analyses elaborately the pros and cons
of various strategies to achieve food security and opines
to strike a balance between the interests of farmers and
global free trade thus protecting the right to food.
"Agrarian
Reform in the Context of Food Sovereignty, the Right to
Food and Cultural Diversity:" Land, Territory and
Dignity" by 'International Planning Committee(IPC)
for Food Sovereignty' focuses more on the indigenous people,
tribes, rural people, fisher folk, peasant's right to
land, and desires the rights to be honoured by giving
due recognition to their rights. Their attachment with
the land is having ancestral, sacred and cultural nexus,
and further emphasizes to take up new genuine re-distributive
land reforms and to adopt Food Sovereignty model to achieve
food security.
In
the article, "A Different Juridical Approach Towards
The Human Right to Adequate Food" by B.F.W.Wernaart
opines the existing UN Human Rights system to be a complex
one on account of the overlapping mandates, and feels
that expert and specialized agencies are to be involved
to deal with the problem. The author also suggests to
go for a pragmatic approach by way of detailed and comprehensive
legislations.
The
UN Secretary General in his note on the "Right to
Food" expresses his grave concern over the food crisis
in African countries, especially in Niger. He urges the
member sates to respond quickly to the prevailing food
crises in all the affected states. He further identifies
the violation of right to food cases to be high among
the indigenous people, and feels that there is a need
to protect their rights with immediate effect. He emphasizes
the responsibility of the international organizations
to comply with human rights obligations related to right
to food in the light of economic adjustment, trade liberalisation
measures and construction of projects financed by them.
Pradeep
Bhargava and Manju Balana in their article, "Realizing
the Right to Food in South Asia" illustrated the
chronic poverty with a study of the Sahariya community
of Rajasthan. The authors strongly felt the need for 'Right
to Work', for the effective realization of the Right to
Food and desire the active participation of Civil Society
Organisations in advocating this. The authors expressed
their concern for the failure of South Asian countries
in the distribution of food, despite considerable increase
in food productions.
Prof.
Danie Brand in his article, "Right to Food in South
Africa" explains the complex nature of right, and
its frequent violations in an indirect way, in South Africa.
Different types of obligations on the part of the state
to safeguard the Right to Food and preventing violations
of the same are neatly discussed with the help of case
laws belonging to the Apartheid era. He also advises to
have a comprehensive national strategy to address the
problem properly.
During
the post-WTO era, how certain nations are experiencing
adverse impacts as a result of their integration with
the world economy has been elucidated well in the article,
"The Right to Food in China: What and Who is at Stake?"
by Human Rights in China. It discusses the counter effects
of economic liberalisation and warns the poor agrarian
countries to be cautious by having their own protective
measures for their farmers. This article deals with the
historical position and expresses concern for not having
a national legal framework for the protection of Right
to Food. The article suggests some recommendations for
the effective protection of Right to Food.
The
article, "Enforcing the Right to Food in India, Bottlenecks
in Delivering the Expected Outcome" by George Cheriyan
explains the context in which Right to Food came to the
fore and is recognized in India, and examines the impediments
that come in the way of implementing the Right to Food.
It focuses on 'corruption,' which is the main cause for
the failure of various programs leading to violations
of the Right to Food.