INDIAS STRUGGLE FOR FOOD STARVATION: LEGAL OVERVIEW. BY - DURVESH MUKUND BHAT & RUTUJA MAHENDRA YADAV
“INDIA’S STRUGGLE
FOR FOOD STARVATION: LEGAL OVERVIEW”.
Department of LLM-1st Year 2024-2025
Abstract:
This research basically evolves around the starving population on the streets, and struggle among them that how the people, learned
and the well- equipped population with the eminent process com on the
streets only on their personal targets,
likewise when at the time of elections and also not in
India and also among the other countries also the economically the countries might be well sufficient enough
with the infrastructure but the real colors are faded. This research is
about millions of street population suffering from hunger.
Keywords: National Food Security Act, Targeted Public Distribution System, United
Nations, World Food Programs, Food and Agricultural Organization, International
Fund for Agricultural Development.
Introduction:
India is suffering from one of the largest
numbers of undernourished people in the world,
despite having one of world’s largest farm outputs. There are various reasons
behind the existence of this dichotomy.
Challenges with Food starvation in India has been a major cause of concern for the authorities over
the past many years. In this article, we shall
discuss at length
the present status
of food security
in the country along with the challenges related
to food security. In recent times when the world
was fighting against the COVID-19 pandemic, food security was in an alarming
situation across India.[1]
With situations like lockdown, many families
lost their income which ultimately led to challenging situations for the availability of food
for all. Aspirants can get an overview of Food Security in India, important
statistics, related laws, food subsidy and more at the linked article.
Rice, wheat, milk and sugarcane — India is among the largest producers of
these agricultural commodities, yet millions are still starving in the world’s
most populous country. “Hunger is the biggest problem in India,” a
representative of global agribusiness Bunge told CNBC on the sidelines of the
Commodity Trading Week held in Singapore.
“There’s still [millions] of people that are hungry. They are still not
getting the food they want. If they are getting the food, it’s not nutritious,”
said Amit Sharma, Bunge’s global trade execution team leader.
India may be the second
largest food producer in the world based on calorie content, yet the country
came in 111 out of 125 countries in the recently published Global Hunger Index,
which referred to the level of hunger in India’s population as “serious.”
India, with a population of 1.4 billion,
accounts for one quarter
of the world’s undernourished
and is home to over 190 million hungry people.[2]
India and its legal Obligation:
Persons living in conditions of poverty and hunger have often been found
to be suffering from
prolonged malnutrition. Even when their deaths
could not, in strictly clinical
terms, be related
to starvation, the tragic reality remained that they often
died of prolonged mal-nutrition and the continuum
of distress, which had rendered them unable to withstand common
diseases such as malaria
and diarrhoea. The Commission considered this situation to be all the more painful in view of the
fact that granaries of the Food Corporation of India were overflowing.
Agreeing with the view of a petitioner, Dr. Amrita Rangasami, Director, Centre
for the Study of Administration of Relief, the Commission has thus said that the present
practice of insisting on mortality as a proof of
starvation is wrong and needs to be set aside. It has added that there are
obvious policy implications as far as the obligations of the State are
concerned. The Right to Food implies the right to food at appropriate
nutritional levels and the quantum of relief to those in distress must meet
those levels in order to ensure that this right is actually
secured and does not
remain a theoretical concept.[3]
The continuum of distress should be viewed as the necessary condition for the prevalence of starvation. The Commission also found merit in
the view of the petitioner that there was need for a paradigm
shift in public policies and the Relief
Codes in this respect and that the shift had to be made
from the domain of benevolence to that of the right
of a citizen. The Government of India’s current
conceptualization of calamity as well
as the reason of its prevalence, has limited relief to the short term only. In contrast,
a human rights approach to food and nutrition would imply that the
beneficiaries of relief measures should be recognized as “claim holders”.
Viewed from this perspective, the prevalence of distress-conditions threatening
starvation constitute an injury requiring the imposition of a penalty on the
State. The Commission was of the view that the remedy provided under Article 32 of the Constitution applied
to groups no less than to individuals.
By the year 2015, the proportion of the world’s poor and of people who suffer from hunger. Given the circumstances of our country, India has a special responsibility in this
regard. The prevalence of extreme poverty and hunger is unconscionable in this
day and age, for not only does it militate against respect for human rights,
but it also undermines the prospects of peace and harmony within a State.[4]
Internationally Overseen:
Global hunger rose sharply from 2019 to 2021 and persisted at the same level
to 2023, affecting over 9 percent
of the world population in 2023.
Over 582 million people are projected to be chronically undernourished by
2030, more than half of them in Africa.
More than a third of rural adults
experienced moderate or severe food insecurity in 2022, compared to
29.9% in peri-urban and 25.5% in urban areas.
The global gender gap in food insecurity decreased from 2.3 to 1.3
percentage points between
2022 and 2023. Urbanization challenges include the availability of unhealthy fast food, lack of fresh
produce, exclusion of small farmers, and loss of natural capital due to urban
expansion.
UN agencies
working for food security:
World Food Program:
The World Food Program (WFP), aims to bring food assistance to more than
80 million people in 80 countries and is continually responding to emergencies.
But WFP also works to help prevent hunger in the future. They do this through
programs that use food to build assets, spread knowledge and nurture stronger,
more dynamic communities. This helps communities become more food secure.
Food and Agriculture Organization of the United
Nations:
Achieving food security
for all is at the heart of the efforts
of the UN's Food and Agriculture Organization (FAO). Its main purpose
is to make sure people have
regular access to enough high-quality food to lead active, healthy lives.
Its three main goals: the eradication of hunger, food insecurity
and malnutrition; the elimination of poverty and the driving forward of
economic and social progress for all; and, the sustainable management and utilization of
natural resources, including land, water, air, climate and genetic resources
for the benefit of present and future generations.
FAO also issues
the food price index, which is a measure of the monthly change in international prices of a basket of food commodities.[5]
International Fund for Agricultural Development:
The International Fund for Agricultural Development (IFAD) has focused
exclusively on rural poverty reduction, working with poor rural
populations in developing countries to eliminate poverty, hunger and
malnutrition, raise their productivity and incomes, and improve the quality of
their lives. All IFAD-funded programs and projects address food and nutrition security
in some way. IFAD has supported about
483 million poor rural people over the past four
decades.
Current Situation of India:
Over the past two decades, India’s population has increased by more than a quarter billion people. The
Gross Domestic Product (GDP) of the economy
has increased by a
factor of four, the amount spent per person has increased by a factor of three,
and the quantity of food grain that is produced has almost exactly doubled.
The lack of access to India's plentiful food supply has a
disproportionately negative effect on the country’s female and child
population, which contributes to the country’s overall undernourishment rate.
This is particularly true in more rural parts of the country. The Food and
Agriculture Organization of the United Nations (FAO) has recently published a
study titled “The State of Food Security and Nutrition in the World, 2019,”
which contains an estimate that 194.4 million
people in India
are malnourished. According to this, around one-fourth of Indians have a body
mass index that is considered to be below the normal level. Additionally,
anaemia affects 51.4% of females who are of this age range and are between the
ages of 15 and 49.
Recent studies show that 37.9% of pre-schoolers in India are stunted,
which means that their weight is insufficient for their height and that 20.8%
of these children are underweight. A lack of proper nutrition in the body raises the chance of death from common childhood illnesses such
as malaria, pneumonia, and diarrhoea. Additionally, there is an increase in the total risk of passing away as a result of these diseases.
Because one-third of India's
population is considered to be malnourished, the country is ranked
third worst on the Global Hunger Index for malnourished children under the age
of five. This is because
it is estimated that one-third of India's population is suffering from a lack of adequate nutrition. This arrangement was decided
upon after taking into consideration the following three criteria: The
government of India has developed a wide array
of programs to assist in the
fight against this issue. The Midday Meal Scheme, Annapurna, the Public
Distribution System, and the Integrated Child Development Services are just a few of the many programs that fall under
this category. There are also a great many others. It is concerning
that the laws and pledges that have been made on paper do not always meet up with the real implementation
of these in practice since they do not
always match up with one another. This is the case even though Section IV of
the Constitution places a focus on public health and nutrition and the
precedents issued by the Indian Supremacy Court are typically favorable. The scenario has not changed
despite the presence of these elements.[6]
Conclusion:
Many people are concerned about a possible relapse, even though
significant progress has been achieved in guaranteeing the right to food for
all people. A lack of enough funding, a lack of adequate program coverage, and other obstacles combine to make this a challenging operation to carry out effectively.
Problems include a lack of well-trained personnel and volunteers; a lack of
structures and storage facilities for Anganwadi programs; a lack of clean
drinking water; a lack of sanitation; a lack of electrical power; and a lack of
coordination among committees, beneficiaries, and elected officials.
[1] About us, available at https://byjus.com/free-ias-prep/challenges-to-food-security-in-india/
last seen on 26/01/2025.
[2] Sajjad Hussain, “Hunger is
India’s ‘biggest problem’ — one of the world’s largest food producers leaves millions
hungry”, CNBC Blog, available at https://www.cnbc.com/2024/01/31/hunger-is-indias-
biggest-problem-and-why-millions-are-still-
hungry.html#:~:text=India%2C%20with%20a%20population%20of,over%20190%20million%20hun
gry%20people.
Last seen on 26/01/2025.
[3] About us, “Right to Food - a Fundamental Right”, NHRC
Blog, available at, https://nhrc.nic.in/press-
release/right-food-fundamental-right
last seen on 26/01/2025
[4] About us, “Right to Food - a Fundamental Right”, NHRC
Blog, available at, https://nhrc.nic.in/press-
release/right-food-fundamental-right
last seen on 26/01/2025
[5] About us, Welcome to United
Nations, available at, https://www.un.org/en/global-
issues/food#:~:text=Global%20hunger%20rose%20sharply%20from,points%20between%202022%20and%202023.
Last seen on 26/01/2025.
[6] About us, Suryansh pahwa, available
at, https://www.cnbc.com/2024/01/31/hunger-is-indias-biggest-problem-
and-why-millions-are-still-
hungry.html#:~:text=India%2C%20with%20a%20population%20of,over%20190%20million%20hungry%20pe
ople.
Last seen on 26/01/2025.