R:13 RIGHT to FOOD REPORT INDIA FIAN India Delhi Office FIAN International, the Foodfirst Information and 1/14 B,Jungpura-A, Action Network, Was Founded in 1986
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R:13 RIGHT TO FOOD REPORT INDIA FIAN India Delhi Office FIAN International, the FoodFirst Information and 1/14 B,Jungpura-A, Action Network, was founded in 1986. It was the first New Delhi-110025, India international human rights organisation to advocate [email protected] the realisation of the right to food, as laid down in www.fian.in the Universal Declaration of Human Rights and other international human rights instruments. FIAN consists of national sections present in Africa, Asia, Latin America FIAN Andhra Pradesh and Europe. Its individual members come from over 50 502, D-Block, 3 Keerthi Tower countries. FIAN is a not-for-profit organisation without Lalapet, Secunderabad-500017 any religious or political affiliation and has consultative Andhra Pradesh, India status with the United Nations. Tel: +91 40 27015838 [email protected] FIAN envisions a world free from hunger, in which every person fully enjoys human rights in dignity, particularly the right to adequate food. FIAN Karnataka 9th Cross Bhagyanagar Mission: Belgam 590006 FIAN exposes and addresses violations of people’s right Karnataka, India to adequate food wherever they may occur. We stand Tel: +91 831 2484491 up against unjust and oppressive practices that prevent [email protected] people from feeding themselves and their families. The struggle against gender discrimination and other forms of exclusion is integral part of our mission. We strive FIAN Uttar Pradesh to secure people’s access to the resources they need in A-8, Sarvodaya Nagar order to feed themselves, now and in the future. Indira Nagar Lucknow-226016 Uttar Pradesh, India INDIA What we do: Tel: +91 522 2349556 FIAN analyses and documents concrete cases of viola- [email protected] tions of the right to adequate food. We raise awareness on the right to adequate food among social movements, non-governmental organisations, governmental bodies, FIAN Tamilnadu and the general public. We respond to requests from in- 11P.T.Rajan Road, 5 Street dividuals and groups whose right to adequate food are Madurai 625002 threatened or have been violated, and mobilise support. Tamilnadu, India With protest letter campaigns, advocacy and recourse Tel: +91 452 4360810 to the law, we exert public pressure in order to hold [email protected] governments accountable for violations of the right to adequate food. We follow up cases until the victims get FIAN West Bengal appropriate redress. Within the United Nations system 195 Jodhpur Park and other legal regimes, we advocate respect for human Kolkata 700068, rights in order to strengthen and improve the interna- West Bengal India tional human rights protection. Tel:+91 33 24128426, 24732740 [email protected] FIAN INTERNATIONAL Willy-Brandt-Platz 5 69115 Heidelberg, Germany Tel.:+49-6221-6530030 Fax:+49-6221-830545 E-mail: [email protected] http://www.fian.org Editorial Board: D. Gurusamy, John Bosco, Sanjay K. Rai, T. Ravi Kumar and Dr. Ujjaini Halim, Sabine Pabst, Dr. Ashwini Mankame Design: zoock.net Photographs: Mohan Dhamotharan Printed on recycled paper Published October 2007 R:13 RIGHT TO FOOD REPORT INDIA Acronyms AAY ICCPR Antyodaya Anna Yojana International Covenant on Civil and Political Rights APL ICDS Above Poverty Line Integrated Child Development Scheme BPL ICERD Below Poverty Line International Convention on the Elimination of Racial Discrimination BVJM Bisthapan Virodhi Jan Manch or People’s Organisation ICESCR against Displacement International Covenant on Economic, Social and Cultural Rights CEDAW Convention on the Elimination of All Forms of IMSE Discrimination against Women Institute for Motivating Self Employment CESCR IMF Committee on Economic, Social and Cultural Rights International Monetary Fund CETP INR Common Effluent Treatment Plants Indian rupees CRC IPR Convention on the Rights of the Child Industrial Policy Resolution CRZ MDGs Coastal Regulation Zone Millennium Development Goals DC MDMS District Collector Mid-day Meal Scheme EGS MIDC Employment Guarantee Scheme Maharashtra Industrial Development Corporation EPZ MNC Export processing Zone Multinational Corporation FAO MSFC Food and Agricultural Organisation Maharashtra State Farming Corporation FCI MSP Food Corporation of India Minimum Support Price FFM NBA Fact Finding Mission Narmada Bachao Andolan FIAN NDMA FoodFirst Information and Action Network National Disaster Management Authority FPS NMP Fair Price Shops National Mineral Policy GC NMW General Comment National Minimum Wage GDP NDA Gross Domestic Product National Democratic Alliance GNI NFBS Gross National Income National Family Benefit Scheme GOI NGOs Government of India Non-Governmental Organizations HEDCON NHRC Health, Environment, and Development Consortium National Human Rights Commission NMBS National Maternity Benefit Scheme NOAPS National Old Age Pension Scheme NREGA National Rural Employment Guarantee Act NSSO National Sample Survey Organisation PAFs Projected Affected Families PDS Public Distribution System POPs Persistent Organic Pollutants PUCL People’s Union for Civil Liberties PVCHR People’s Vigilance Committee on Human Rights SC Scheduled Caste SC Supreme Court SCC Supreme Court Case SEZ Special Economic Zone SIPCOT Small Industries Promotion Corporation SGRY Sampoorna Gramin Rozgar Yojana STP Sewage Treatment Plants ST Scheduled Tribes TPDS Targeted Public Distribution Scheme TWAD Tamil Nadu Water and Drainage Board UDHR Universal Declaration of Human Rights UN United Nations UNICEF United Nations International Children’s Education Fund VAK Vikas Adhyayan Kendra WB World Bank Table of Content 4. ILLUStratiVE CASES OF ViolationS AcronYMS 4 of THE RIGHT to FOOD 50 — Access to productive resources — Employment and wages ACKNOWLEDGMENTS 7 — Social Security 1. IntrodUCTION 5. CONCLUSIONS 8 80 2. THE HUMAN RIGHT to FOOD IN INDIA 6. RECOMMENDATIONS TO THE STATE 9 OF INDIA 84 — Country Context — Policy Framework — Hunger and Poverty in India 7. REFERENCES 86 3. LEGAL FRAMEWORK 8. ANNEXES 38 88 — International Obligations — National Obligations Acknowledgments An undertaking such as the compilation of this Country We also thank Christophe Golay, Biplab Halim, Felix Report relies upon the dedication, hard work and good Padel, Pravinbhai Patel, Samarendra Das, Xavier Dias, will of a wide range of organisations and individuals Prof. D. Prempati, C. R Bijoy, Manu Alphonse, Babu and. FIAN gratefully acknowledges the contributions Jesudoss, Dilip Kamat, Neetu Sharma, Suman, Xavier of all those who participated in the planning process Raj, Adv Bipin Bihari, Prabhu Lal and Anil Rana. and implementation. We would also like to profoundly From the FIAN International Secretariat we thank: Dr. thank all those who gave us valuable contributions of Rolf Künnemann, Thomas Hirsch, Sandra Ratjen, Yifang cases, articles and timely advice. Tang, Julie Bergamin, Nastja Horvat and Carolina Ruiz. We would like to take this opportunity to thank the We would also like to express our gratitude and following organisations: IMSE, Health, Environment appreciation for funding from Misereor that enabled us and Development Consortium (HEDCON), Social Watch, to launch this report. SEVA, Vikas Adhyayan Kendra (VAK), Ekta Parishad, PVCHR - People’s Vigilance Committee on Human Finally, FIAN extends special thanks to the many Rights, Campaign for Survival and Dignity, Lok Adhikar individuals and communities, who shared their Manch (Peoples’ Rights Forum), Janhit Foundation, experiences with us and helped us to present their case. Parivartan, Agragamee, Ecumenical Sangam Rainbow, This report would not have been possible without their People’s Watch, Grassroots India Trust, Institute of struggle and courage. Objective Studies and all other who have contributed to this work. 1. Introduction FIAN, the International Human Rights Organisation for the Right to Feed Oneself, presents this Right to Food Report India, the outcome of a three year process of mainstreaming the right to food in India funded by Misereor, Aachen, Germany. The project focused on developing capacities of FIAN chapters in India as well as of NGO representatives inter- ested in the rights based approach. A series of trainings were implemented and the participants were encour- aged to identify and document right to food violations. In those trainings, through a collaborative process the FIAN methodology of a profound human right to food analysis was critically shared and the right to food ob- ligations of India resulting from International human rights commitments as well as national legislation were analysed. In addition, national schemes and policies aimed at supporting victim groups of right to food vio- lations were identified, their potential to support victim groups explored and their weaknesses in implementa- tion analysed. An important aspect was to identify cases of violations of the right to food and document them in a way that they can be presented to the respective United Nations (UN) bodies. The results of this capacity building process are summarised in this report. Of the many aspects concerning economic, social and cultural rights, FIAN concentrates on the right to freedom from hunger and the right to adequate food. India, since 1979 is a State Party to the International Covenant on Economic, Social and Cultural Rights (ICESCR). Under Art.11 of the ICESCR, the States Parties are obliged to guarantee the right to be freed from hunger and the right to adequate food. The right to adequate food is realised when every man, woman and child, alone or in community