Food Security in India Segurança alimentar na Índia
Ranjana Ferrão Sumário
Executive Summary...... 2 Daniel Balaban
Crônicas Sobre o Direito Alimentar e o Combate à Fome...... 5
South-South Food and Nutrition Security promotion: the Brazilian experience multiplied...... 7 João Almino
Access to Food as a Human Right: Brazil, WFP and South-South Cooperation...... 10 Carlos R. S. Milani
Dossiê temático: Direito Alimentar e Combate à Fome...... 13
WFP’s role in building sustainable bridges between the right to adequate food and the freedom from hunger...... 15 Christiani Amaral Buani e Bruno Valim Magalhães
Direito humano à alimentação, (in) segurança alimentar e desenvolvimento: os desa- fios à realização progressiva na América Latina...... 21 Sinara Camera e Rubia Wegner
State´s international responsibility for the human right to food: implementation in Brazil through agroecology...... 36 Paula F. Strakos e Michelle B.B. Sanches
Negotiating agriculture in the world trade organization: food security as a non-trade concern...... 55 Ana Luísa Soares Peres e Letícia de Souza Daibert
Quando habitar corresponde ao direito humano à alimentação...... 69 Fernanda Viegas Reichardt e Maria Elisa de Paula Eduardo Garavello The role of sustainable learning policies on the fight against hunger in adult education...... 81 Hiran Catuninho Azevedo
O direito humano e fundamental à alimentação adequada e à condição feminina no programa Bolsa Família: empoderamento às avessas?...... 99 Rosalice Fidalgo Pinheiro e Laura Garbini Both
Food Security in India...... 114 Ranjana Ferrão
Segurança alimentar e a governança econômica global ...... 126 Danielle Mendes Thame Denny, Douglas de Castro, Alexandre Ricardo Machado, José Valverde Machado Filho e Gabrielle Fontes Witt
Outros Artigos...... 142
The legal implications of the Draft Universal Declaration of the Rights of Mankind ...... 144 Catherine Le Bris
Litigating Indigenous Dispossession in the Global Economy: Law’s Promises and Pitfalls...... 165 Charis Kamphuis
Une définition du pré-investissement conforme à l’approche français mais contraire à l’approche américaine au sein des traités bilatéraux d’investissements iraniens...... 226 Peyman Dadras
Conflitos entre regulações internas relativas à internet e o direito do comércio internacional: o papel da OMC perante o sistema de computação da nuvem...... 238 Alice Rocha da Silva e Filipe Rocha Martins Soares
Prélèvement: origem, evolução e ocaso do privilégio nas sucessões internacionais na França...... 249 Fernando Pedro Meinero Os contratos internacionais de financiamento e o centro financeiro de Nova Iorque: considerações sobre a autonomia da vontade...... 265 Fernanda Torres Volpon
Mercosul e o meio ambiente: análise da tutela regional ambiental...... 284 Clarissa Ferreira Macedo D’Isep
Ainda (e uma vez mais) o silêncio que entoa o triunfo de Lewis Carrol: a regra nº 42 do Supremo Tribunal Federal...... 295 Thiago Aguiar Pádua e Bruno Amaral Machado
A Natureza Jurídica do Sistema de Solução de Controvérsias da OMC e de suas Decisões: Solucionando um Imbróglio...... 316 Camila Capucio
Brics: Desafios do desenvolvimento econômico e socioambiental...... 342 Magno Federici Gomes e Luís Eduardo Gomes Silva
Rever ou romper com Vestfália? por uma releitura da efetiva contribuição dos acordos de paz de 1648 à construçào do modelo vestfaliano de Estados...... 358 Luiz Magno Pinto Bastos Junior
Justiça de transição em sua gênese: a Alemanha pós-nazismo...... 378 Bruno Galindo
Quando julgar se torna um espetáculo: a interação entre o Supremo Tribunal Federal e a opinião pública, a partir de reflexões da literatura estrangeira ...... 403 Patrícia Perrone Campos Mello
Tolerância e refugio: um ensaio a partir do acordo EU-Turquia...... 425 Flávia Cristina Piovesan e Ana Carolina Lopes Olsen doi: 10.5102/rdi.v14i1.4381 Food Security in India*
Segurança alimentar na Índia
Ranjana Ferrão**
Abstract
The world faces problems of hunger and malnutrition. The world must feed nine billion people by 2050. This is a huge challenge. The roots of the problem of hunger and malnutrition are not lack of food but lack of access to available food. Most legal system around the globe have codified the right to food. Right to food does not mean right to free food. The State must respect and protect the rights of individuals to feed them. Food Insecurity occurs when people have no access to food or food is not affordable for them to buy it. Food security means eliminating all kinds of hunger present and future. India is country which developed the ideology of ‘Grain is God’. It was a land of food security but in the 20th century this food security was transformed into food insecurity. This Article discusses a Historical pers- pective of food management in India. The Article dwells on the legislative changes made to ensure right to food, the setting of administrative bodies and creation of public welfare schemes. The Article discusses the National Food Security Act, 2013 and outlines the problems in enforcing this legisla- tion. Though India has legislative and administrative bodies yet the problem of food insecurity is not resolved the Article outlines the possible challenges to the government. The Article offers useful suggestions which may guide legislators to solve the problem of food scarcity. The “right to food” is a fun- damental human right. Right to food can be interpreted as right to adequate food. This right is of crucial importance for the enjoyment for all other rights i.e right to life and right to health. It applies to everyone.1 Hunger and un- dernourishment directly or indirectly account for over half of the deaths in the world.2 Hunger is a violation of human dignity and an obstacle to social, political and economic progress of a country. International law recognizes that everyone has the fundamental right to be free from hunger.3 Right to food does not mean right to free food. The State must respect and protect the rights of individuals to feed them. Direct food assistance can be provided by the State in an emergency situation like natural disasters or war. When a country cannot meet this need through its own resources, the State must request international assistance.4 India is home to 194.6 million undernou-
* Recebido em 03/11/2016 Aprovado em 07/02/2017 1 UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No.12 : The Right to Adequate Food (Article 11 of the Covenant) 12th May 1999. Available ** Assistant Professor, V.M. Salgaocar College at:
6 andits score is28.5which >. Access on: 29th >. Access on:29th 8 5 The important important The India is placed Indiaisplaced .
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17 16 fied iton9th July 1983. 15 tion on11December1992. 14 Oxford: OxfordUniversity Press, p. 867 enant onEconomic, Cases Materials.Cultural Rights Socialand Commentary, 13 12 force in1976 11 10 ington p. 3 the Measure Assessmentan of to nutrition. with regard living, “particularly an adequate standard of responsibility to implement children’sprimary rightto their fulfilling in parents assist to measures” propriate states to combatchildmalnutrition and socialdevelopment.moral living adequate for the child’s physical, mental, spiritual, child every toastandardof recognizes “the right of living, requires adequate housing.food, clothingand ving forindividualsfamilies. and Adequate standards of li adequate standards of the right of the realization of that the states must recognize and take to ensure steps mic, SocialandCulturalRights (ICESCR) to individuals’ healthandwellbeing. each person. adequate living toensure the health andwellbeing of the of right toastandard right tofoodasoneaspect of HumanRights. It refers to the Nations Declarationof L 2. insecurity iscaused by poverty rather than foodscarcity. countries and equitable distribution of foodsupplies. countries andequitabledistributionof and food-exporting bothfood-importing problems of and globaltrade practices, reforms, education, agrarian nutritional methods, technical and scientific of use for anddistributionisto be improved.conservation It calls means by which foodproduction, invokes of an array combating hunger.is on the Article It focus of The a w T h ovnino h ihso the Child ConventionThe onthe Rights of Article 11 of the International Covenant the International onEcono 11 of Article right The to food was initially codified in the United See (Article 27(3)) See (Article 24(2)(c)) See(Article 21(1). signed India CEDAWSee Article 0 July, on 1980. Rati to as CRC.Hereinafter referred Indiaacceded to the Conven SAUL, B.; KINLEY, D.; MOWBRAY, J. 11para.1 Article treaty wassignature in 1966 came openedfor This into and 25 SeeArticle he R ight 17 10 ” The right to food is thus explicitly linkedThe
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115 FERRÃO, Ranjana. Food Security in India. Revista de Direito Internacional, Brasília, v. 14, n. 1, 2017 p. 113-124 Public Administration andChronicPoverty Research center, p. 26 Poverty Report. namic Context India Chronic 20 19 18 practices, andsaved produced food grains food grains. Valley civilization show that man developed agricultural inIndia foodmanagement of tions. food insecurity and famine likehave condi permanent Rajasthan district of Baran Jharkhand, mau district of Odisha.Pala districts of Kashipur and Kalahandi of foodinsecurity.haverashtra Districts extreme levels of Madhya Pradesh, and Maha Chhattisgarh, Jharkhand, dian states Odisha, Bihar, UttarPradesh, West Bengal, throughout the year they may face hunger. Some In ted from the harvesting season and not made any profit. who happens havefarmers small lands have not benefi buy food. when they do not havenic hunger enough money to classes are mostvulnerable.and People may face chro children specially belonging toeconomically backward workers,destitute.and labourers, beggars petty self-employedprovideple who service, traditional landless people with no land.Traditionalartisans, peo are These insecure India. food people in section of ge affects food productioninthe country. is a lar There droughtseverely monsoons.uncertain and Oneyearof 3. F andcommunications transport tion tohousing,sanitation,electricity waterand supply, to enjoy adequate living conditions, in rela particularly [...], particular in and, development rural from benefit women, menand and in thatthey participate equality of toensure,order in areas womenbasis of a on rural in measures propriate to eliminate discrimination against lactation during pregnancy and states to ensure that women have “adequate nutrition Women DiscriminationAgainst (CEDAW),of requires Ancient man savedAncient man foodgrains. RecordsIndus from India’s Tryst with Famines - Historical perspective do nothave areaslaborers In urban enoughwork population huge has twoproblems India recurring allForms ConventionThe of the Elimination on MEHTA, A.et al. 14(2)(h)) See (Article 12(2)) See Article ood I
Some peoplemay face seasonal hunger. This nsecurity TowardsDy a New Compacts in Solutions and
in I ndia 19 18 ”. ” and to “take” and allap
Ida ninIsiueo India: IndianInstitute of 20 Women and ------of food grain recorded. foodgrain of between 11th and 17th century. was noshortage There to meet emergencies. were grain 14 There famines of and the King hadto maintain hisown stockreserves mities. tohave were encouraged Villages theirown grain to higher officials to deal with famines and natural cala 185 342 B.Cand issued Empire instructions the Maurya gical solution to solve food problems. In the period of famineswaslo considereda time precaution against means full, complete and perfect. Purna and nourishment. Anna means food andgrains dess of dus worship who is considered the God Annapurna is God’. ‘Grain of the ideology grew Thus food grains. andgrow his students to go cher instructed tion orincomefromtherich tothepoor. famine. provide seeds and make provisions for people during a 321-301 BC kings were advised to In the period of cess on:28Dec. 2016 sol.du.ac.in/mod/book/view.php?id=1611&chapterid=1633>. 24 tothegoddess.wordpress.com/tag/grains/ 23 India. Jaico Publishing House, 2015.p. 40. 22 New Delhi,1985. Food SecurityinSouthAsia. 21 studied Commission the cultivation patterns, practices metric tons.amounted to5.16million Famine The foodgrains, and that the annual surplus of a surplus each province in that 1880 observed Famine1880. The Commissionof and socialstructure. apolitical wasch caused absence due to an of inturn food,whi were of caused by inadequate transportation area. They geographical foodinaparticular the lack of exchequer. Famineswere inBritishIndia notcaused by as heappossiblewithminimum cost to thecolonial famine. kept thefaminerelief They market times in of in the remained unaffected grain changes made no and Smith. Hence the Adam government the arguments of by influenced was India in policy famine mines.British fa didnotact against Britishgovernment creased. The gion. the re theof population wiped out nearly one-thirdof nteVdcpro fc. 1500 –c. 500 In the BC the Vedictea period of The FamineThe Commissionwas set up inthe year the severe famine, first The NANDA DisponívelAnnapuna. GODDESS em:h Ac ------, 116 FERRÃO, Ranjana. Food Security in India. Revista de Direito Internacional, Brasília, v. 14, n. 1, 2017 p. 113-124 spective 26 25 commodities and agricultural nment onpricepolicyfor was arealsorepresented, toadvise the Gover farmers Prices Costsand (CACP),Agricultural which a bodyon ces Commission (now known asthe Commission for the public distribution system. and make available tostates to feed through poor gains areas deficit to surplus from grains scientifically, move prices in the market,minimum store the grains support by purchasing quantities that couldnotfetchto farmers was to provide price support former the year 1965. The Prices Commission were set up in and the Agriculture India licy from time-to-time. Food The of Corporation Commissionswhich examinedthe food po number of society isknown as PublicDistributionSystem. which available FCI makes the food grains to the poor thesociety. system through The section of to thepoor and insufficient is grains food of production the where available makesgovernment the food grains to the areas price isknown Price. as Minimum Later, Support the mined rates. rate is This fixed by the Government.This arepurchased at pre-deter food grains production. The instates where there is surplus rice from the farmers Government.like FCI purchases wheat and foodgrains Central policies of food the executionfor ponsible of India is achieved. Food The of Corporation self-sufficiency till annum per tons million 10 by sed production shouldbeincrea food grains indigenous reserves.also recommended Commission that the The failure andalsoprovide crop for food guard against could foodgrains. This of recommended ration import was set Corporation up.Grain Food The Corpo Grain attempts topredictfamine. first the of one was code Faminedistress. in pulations po andlarge normal one-third or one-half yields of crop failure, crop of years successive three as defined chwere scarcity, near scarcity,famine. and Scarcity was mine Codes defined three food levels insecurity, of whi FamineThe Code was Fa passed in the year 1883. The as the Famine whichfood shortages, were Code. termed howregulations on nes and to faminesand torespond guideli theFaminewas Commission series aof sult of re productionpractices in India.The agricultural and Food Policy grains Commission was followed by a independence, the FoodIn 1947 when India got BASU toFCI Hereinafter referred . Economic &Political Weekly EPW, , K. India’s Foodgrain PerPolicy: An EconomicTheory 26 The Agricultural Pri Agricultural The v. XiVi,n.5,Jan. 2011 25 isres ------Since the rich farmers were already better equipped, Since the rich farmers behind. lagged smallfarmers farmers. The the large benefited Revolution Green Hence technology. new the wereadopters of the main farms large owners of long. GreenRevolution suffered many problems. The food exporter. Sadly Green Revolution could not last the world’s producers anda agricultural biggest one of was abletobecome rice, country cotton andmilk. The wheat, production of India intosurplus transformed innovative special agricultural which programs ries of Revolution inIndia. 4. G the consumers. the producers and the overall needs of perspective of in the evolve price structure a balancedandintegrated 2010. Environmental Studies Undergraduate StudentTheses,2010. Environmental p. StudiesUndergraduate 9 Small Farmers in India. 28 27 food scarcity and for distribution of of management 6. P (FFW). (ICDS), Food-for-WorkDevelopmentChild Services Distribution System (PDS) food grains,for Integrated during the 1970s. are Public grammes programmes The Government tointroduce three 5. F come disparities. widening the in areasthereby further in the labor rural unskilled for employment and opportunities of wages mechanizationpushed down to evict The the land. the to increase landlords rents or force tenants encouraged lower product price and higherinput prices which also between richpoor. and GreenRevolution resulted into Green Revolution accentuated the income inequalities Prime Minister Indira Gandhi launchedGandhi Prime Minister Indira the Green ulcDsrbto ytmeovda ytmo Public Distribution System evolvedsystem asa of insecurity food forced theIndian levels high The of SEBBY, K. GreenRevolutionThe lastedfora decade from1967-1978 ood ublic reen S R D ecurity evolution h re eouino the 1960’s Its Impact on and of Revolution The Green istrbuton 28 Nbak:Uiest fNebraska atLincoln, Nebraska:University of 27 The Green Revolution The hadase and in G S I overnance ystem ndia food intervention pro food intervention - - - 117 FERRÃO, Ranjana. Food Security in India. Revista de Direito Internacional, Brasília, v. 14, n. 1, 2017 p. 113-124 32 31 30 29 directed imple for court The starvation. from groups that it is essential to protect the vulnerable observed ple affected by extended drought in the state. court The tobeused to feed peo godowns in government grains India v.Union Liberties Civil of Union of in India of SupremeCourt this situation. The in to intervene India askingtoCourt of preme Court food was irregular. distributionof starvation, this people were dying of of 40 million tonnes. Inspite vernment had anaccess of wastonnes. 20million Go The ded tofeed the hungry foodnee others ate the otherday.on amountof The Somememberseat one dayin rotation. foodon while rotting. eating were were To people grains hunger fight were kept outside the godowns. Due to heavy the rains grains The grains. overflowing with were which downs (FCI) go Indiahad vation. Food The of Corporation star Distribution scheme, hence people were dying of Government had failed to implement The the Public system, Rajasthan was hitby drought inthe year 2001. and kerosene tobesoldatsubsidizedprices. basic items covered were rice, wheat, sugar, edible oil, The foodshortage. in 1960s. were Those the years of for the consumer programme to act as apricesupport the Public Distribution System was of purpose main issued price shops. Fair the and monitoring functioning of cards, supervise ration must identify families below poverty line, issue of price shops indifferent areas. State Government The distributed to fair foodgrains regulate the amount of the Fair Price Shops. State Governments The have to the society through distributed sections to the poor of are fromoneState to another. grains food grains The Central Government has toprocure, store, transport cluding AntyodayaYojana Anna (MY) families. The to Slates/Union Territories for APL under TPDS grains food at affordableprices. grains Allocationof Different sections of society filed a PIL in the Su the in PIL a filed society of sections Different public distribution the existing targeted In spite of To streamline the system, Central Government has Public interest litigation PetitionPublic interestlitigation (Civil) No. 196/2001 Below thePoverty Line Above thePoverty Line Targeted PublicDistributionSystem Public Distribution System (Control) Order 2001 Order PublicSystem (Control) Distribution 29 i aeb h oeneto India is made by the Government of 30 32 and BPL directed food People’s 31 . The . The in ------(ICDS) Child Development Scheme called Integrated gramme (ICDS) 7. I wanted work. areaswho ranteeing employment to all those in rural gua and child and programmes nutrition programmes; mother for the destitute; school feeding programmes; for the needy; feeding schemes subsidized food-grain like providing socialprotectionprogrammes of range a Itaskedmakeders and introduction of for suggestions. itsor implementation of to monitor Commissioners appointed Court includes India right tofood.The of that right to life guaranteed under the Constitution various schemes. mentation of 36 tribalarea). 1000 (700incaseof 35 topromotechildthe various development. departments implementation among policyand achieve effectiveof coordination childvide proper care throughhealth andnutrition education; d. To with food supplement. c. To enhance the mother’s ability to pro lation andeducation. b. To provide pregnant andlactating women sure theirpsychologicalsocial developmentand early stimu through 34 Family BenefitScheme. National (h) Scheme, Benefit Maternity National (g) Scheme, ment sion scheme,Scheme, Develop Child (e) Annapurna (f) Integrated Yojana,Anna (c) Mid-Day Meal Scheme, Pen (d) National OldAge namely (a) Targeted Public Distribution Scheme, (b) Antyodaya 33 schools.primary days in ayear. Mid-Day meal must be provided to all be suppliedtochildrenlactating 300 and mothers for directed that food must further Court child.every The Indiato increase the amount to be spent on foodfor of AWCS. asked the numberGovernment Court of The India&Ors ties vs. Unionof by field litigation interest the while public hearing India of SupremeCourt The Centers to implement the scheme. Aanganwadi ber of ters. is suppliedtochildrenfood Cen through Aanganwadi food. The 0-6 years by providing supplementary of group childrenin the age nutritionhealth and status of India has the largest food supplementation pro India hasthe largest Dated 29/04/2004 centers areset up onecenter of the population for Anganwadi pre-school conditionsfor children a. provideto en necessary variousschemes directed implementation of for court The 35 ntegr The problem was there were no sufficient num sufficient no were there was problem The 34 . This programme was aimed to improve programme . This the a ted C hild D People’s Union For Liber Civil evelop 36 directed to increase the 33 The court reiterated court The ment S cheme ------ 118 FERRÃO, Ranjana. Food Security in India. Revista de Direito Internacional, Brasília, v. 14, n. 1, 2017 p. 113-124 42 41 40 39 Social andCulturalRightswhich isover dueby 15years. Economic, to the Committee of India has yet to submit a report 2013. Covenant International Economic, on SocialandCulturalRights, to the Optional Protocol on the to the 1979. India is not aparty 38 37 Government mustlaws enforce appropriate protect and theirrighttofood.The bitrarily deprives peopleof citizen’s right tofoodandnottake any action that ar food withoutanydiscrimination. torespect right to Indiahasanobligation of vernment Go the rightto food. The the implementation of of access to effective remedies must be ensured at alllevels Participation, accountability, and access to information commitment nal to ensureeveryone.right tofoodfor women. Discrimination against of all forms on eliminationof the Child tion onthe Rights of CovenantCivil on Political and Rights, International treatiesright tofood.The on international nomic, SocialandCulturalRights. 9. L household. ment to1in4rural do unskilled manual work. hasprovided employ This householdwhose adult members volunteerto every to at least wage 100 employment days in of a financial year byareas enhance livelihood providing security rural in bers volunteer to dounskilled manual work. It aimsto mem adult whose household rural a to year financial wage-employment in a guaranteeing hundred days of areas by peopleinrural cing the livelihood security of Employment GuaranteeAct,2005 the state has passed the their food ted. In Indiainorderto enable people to earn such legislation lawfound innational must be correc te must notinterfere with individuals’ livelihoods. Any 8. F Accordingly the Government must respect its covenant to the International Eco on is aparty India implies that the Sta Right to befree from hunger See GeneralComment No.12 14 12and Article See Article 27 24and Article See Article 6 See Article India is a state party to the Covenant and ratified it on 10 2005 Act No. 42of egal ood 41 TeGvrmn fIndia hasaninternatio Government of The C for ontrol W ork for Mahatma Gandhi National Rural Mahatma GandhiNationalRural F ood 37 which aimsatenhan 40 42 38 andthe Convention S India has ratified all ecurity 39 The Conven The th April ------been judicially interpreted to meanalife with human been judicially interpreted has expression ‘Life’ in this Article India.The tution of the Consti 21 of as aFundamental Right under Article rights.recognizes human and RighttoLife is protected 10. C mum essentiallevel requiredtobefreefromhunger. circumstance to ensurethemini every ble resources in mustfood the government use all its maximum availa beyond righttheir to control. To fulfil the of obligation water tothose who cannotfeed themselves for reasons toensure their access to adequate food and programs vulnerable groups. Implementpolicies appropriate and Government shouldtakeThe positive toidentify steps others. fromviolating right to food of corporations to prevent thirdparties, including powerful peopleand prove duties. public health amongotherprimary itsim people and living of trition andtheof standard nu hunger. state must The strive to raisethe level of sure food security to see that the citizens are free from to a life with dignity. to en State hasanobligation The 21. Right to Foodto life protected by Article isinherent fundamental rights, including right of de interpretation head. namely adequate nutrition, clothing andshelter over the life with it namely bare necessities of and allthat goes ght towater the Constitution includes Ri 21 of tected under Article education, shelter.”medical careand to Life as, the right tofood,water, decent environment, right the term India hasinterpreted of Supreme Court existence.animal or dignity and notmere survival The 49 48 47 46 45 549 44 dia: HRLN, 2009. 43 prove publichealth. living andim nutritionof and standard se the level of livelihood forits citizens. means of State must direct its policies towards securing adequate h ietv rnilso State Policy togui serve DirectiveThe Principles of h osiuino Indiaprohibitsdiscrimination Constitution of The e ril 7o osiuino India Constitutionof 47of See Article India Constitutionof 39(a) of See Article India Constitutionof 47of See Article SRIVASTAVA, A.Kumar; TIWARY, M. rni orliMli v no ertr fDelhi Francis Mullin.v. of Corralli UnionTerritory IndiaA.I.R2000S.C3741 BachaoAndolan .v.Narmada Union of Pradesh Uttar Others Chameli .v.Singh and Stateof 46 The righttolifeincludesfood. The onstitutonal 45 and the right tolive and withdignity human 49 The Right toFood The guaranteed a P rovisons 48 The State mustThe rai 44 Right to Food. Righttolife pro (1996)2S.C.C 4 th 47 ed. In The The 43 ------ 119 FERRÃO, Ranjana. Food Security in India. Revista de Direito Internacional, Brasília, v. 14, n. 1, 2017 p. 113-124 56 2013 55 54 53 52 51 50 Rs.3 and Rs.2 perk.g res rice at the rate of 35kg of identified as beneficiaries under this scheme can receive and (viii) all primitive tribal households. Such families subsistence, years or morewith no assured means of nally ill4 persons, disabled persons, 60 persons aged destitute, (vii) households headed by widows or termi sector suchas porters, rickshaw pullers, cobblers, (vi) their livelihoodearning onadaily basis in the informal as potters and tanners, (iv) slum dwellers, (v) persons such artisans/craftsmen (iii) rural (ii) farmers, marginal AAY labourers, card,including: (i) landless agricultural are entitled to an duals inthe followinggroups priority ce the under AntyodayaYojana Anna Scheme. that eligiblegivenhouseholds are which priority pla are peopleandprovides of address allvulnerablegroups andmeal. foodgrains ply entitled quantity of narcotic orpsychotropic substances. medicinalproducts, and cosmetics, drugs harvesting, the on market consumption, plants,for human to prior orprocessed for placing mals unless they are prepared treatment but does not includefeed, anyanimal live ani into the foodduringits manufacture,or preparation chewingany substance, gum,and includingwater used drinking water,infant food,packaged alcoholic drink, engineered food food or food. mary includes consumption and pri is intended human for processed orunprocessed, which processed, partially whether substance, any as defined been has law.Food life cycle approach. The word food is codified in Indian tional FoodAct, 2013 Security that righttofoodismadeavailable toeveryone 11. N the Constitution.” 32 of Fundamental Right is enforceable under Article The Act defines “food security” as a means to sup to means a as security” “food defines Act The Indiahasalegislation to ensure Government of The See Section 2(3) of the NationalFood SecurityAct,2013 SeeSection2(3) of See Section 2(1) and Section 2(6) National Food Security Act, See Section2(zk)NationalFood SecurityAct,2013 modifiedcropBTCotton. India hasonlyonegenetically See Section2(j)NationalFood SecurityAct,2013 2013 Act No. 20of India Constitutionof 32(1)of See Article a tional 52 Food also includes genetically modified or modified genetically includes also Food F 50 ood S 53 containingsuch ingredients, ecurity . 51 This legislation follows a This A 54 ct , 2013 55 56 The law The Indivi the Na ------tion. popula urban 50% for and population rural 75% for Distribution System. nments atprotected prices undertheTargeted Public to State Govertral Government allocates food grains foodgrains. the entitled quantity of lieu of season. for that marketing the relevant foodgrain price of port difference between the 1.25 times the minimum sup by multiplying the ble toentitled is determined persons foodsecurity allowance admissi amount of pplied. The su not are grains case Government in State the fied by foodsecurity allowance topersonsidenti payment of fromthefairpriceshop.that theycanobtaingrains so Cards’ Ration issued ‘Antyodaya are they identified is AntyodayaYojana.the Anna to beneficiary the Once has toidentify people belonging State government The pectively.are distributed at Rs. grains Coarse 1perk.g. 64 63 https://data.gov.in/dataset-group-name/anganwadi-centers education supplementation, and as well aspre-schoolactivities. See care activities include contraceptive counseling and supply, nutrition the Indian public health-care system. Basic health- of It is a part 62 dfpd.nic.in/public-distribution.htm 61 60 59 58 The State Government can also wheat flour in 63 The eldest womanThe in ahouseholdcanbe 60 The distribution percentage is distributionpercentage The 64 >. Accesson:20Oct.2016. 59 The Cen The 62 Women http:// 57 ------ 120 FERRÃO, Ranjana. Food Security in India. Revista de Direito Internacional, Brasília, v. 14, n. 1, 2017 p. 113-124 71 Oct. 2016 set-up-state-food-commission/article8353728.ece http://www.thehindu.com/news/national/other-states/odisha-to- 70 69 68 67 66 65 Rs. 5000. islaibletopay apenaltyof relief authority found guilty, or servant whofailstoprovide Food the National Security Act. tion of a State Foodthe implementa to monitor Commission Commission. State Food a constitute notification, by shall, vernment Officer. Redressal Grievance District the be to officer an district, each for designate, or appoint must Government State The officers. nodal of nation nism which may include call centres, help lines, desig redressalmechagrievance mustinternal place an put in vance redressalmechanism. State Government Every and Fair pricedeals. food grains handling of intra-State transportation, of ment must provide assistance to the States towardscost provideallowance food tothepeople.Govern Central supplyor when thereisshort must providegrains food to make funds available while the State Governments facilities. storage CentralGovernmentmodern has The ses, providecreate and assistance to state governments grains, food payintra-state for expen of transportation ments. from central to State pool Govern foodgrains ty of 12. M charge, tochildren whosufferfrommalnutrition. ,mustAanganwadi identify provideand meals, free of sanitation. have facilities cooking meals,for water drinking and holidays. school center must Every and Aanganwadi are tobeprovided free mid day mealexceptschool on years,to fourteen six of group withintheage or VIII centers.gh the local Aanganwadi up toclass Children, charge, throu are to be provided age with meal, free of There are provisions for creating an internal grie areprovisionsinternal creating an for There Central Government must allocate required quanti See Section33 ODISHA to set up State Food Commission. Available at: See Section16,NationalFood SecurityAct,2013 See Section15,NationalFood SecurityAct,2013 See Section22,NationalFood SecurityAct,2013 See Section6,NationalFood Security Act,2013 See Section5,NationalFood Security Act,2013 67 onitoring CnrlGvrmn utba h ot f CentralGovernment mustthe costs bear of 65 The State Government, through the The local 69 Odisha is the first state in Indi to set up set to Indi in state first the is Odisha B odies >. Access on: 8 70 68 71 Anypublic State Go 66 ------ fruit andvegetable markets. held; fruit Court The (FSSAI) monitor to conduct inspection and periodical India asked the Food Safety and StandardsAuthority of residues such aspesticides and insecticides. Court The and beverages whichfood articles arefree from harmful dignity encompasses also human therighttohaveand Indiaheld that the right to life of the Supreme Court their access to food-producing resources orincome. anddesign policies that improvetify vulnerable groups or creating monopolies. States must take action to iden market practices, such aswithholding price information land tenure. Regulations unfair must alsoprotect against ne, quality and labelling standards, labour conditions and make foodsafe. regulations must These cover foodhygie 13. R 73 72 accessibility food, affordability.and des availability of Reality 14. Problems Food a inMaking Security sale andconsumptionanyfoodwhich isunsafe. to recall andremove marketed foodfromdistribution, the State. FSSAIhaspower The fety Commissioner of of theOfficer area or aor Designated Officer Food Sa FSSAI.A consumer can complaintothe Food Safety the Administrativethe for implementation of Ministry Health&Familyis India Welfare, Governmentof of consumption. Ministry human wholesomefor and food safe toensureavailabilityimport bution, saleand of food and to regulate their manufacture, distri storage, for laying of down science based standards forarticles India ty and StandardsAuthority of sumption accordingtoits intended use. Food The Safe con human for as theassurancethatfoodisacceptable Act, 2006 In Right to adequate andsafe foodneeds regulations to Food that inclu Security is acomprehensive term India passed the Hereinafter referred toas(FSSAI) Hereinafter referred 2006 Act No.34 of etefrPbi neet sUinO India&Ors vs Union Of for Public Interest Centre ight . 72 This law covers food safety which is defined to Enjoyment of life and its attainment, life and including Enjoyment of residues, antibioticresidues, solvent residues. insecticides pesticides or residues, drugs veterinary food,without of articles its ambit availability of dignity right tolife human encompassesand within S afe National Food andStandards Safety F ood 73 hasbeen created ------ 121 FERRÃO, Ranjana. Food Security in India. Revista de Direito Internacional, Brasília, v. 14, n. 1, 2017 p. 113-124 itations-revamping.html>. General-Studies/notes/public-distribution-system-functioning-lim vamping. Available at: Access on:28thDec. 2016 74 Food arenot grains ------The Food Corporation of India should buy food grains Indiashouldbuy food grains FoodThe of Corporation losses. storage alongway will go in reduction of This could have theirand warehousing own facilities.storage societies Bigger marketing. black and profiteering nate rectly. willeliminate the middlemen also elimi and This to consumers di societies which cansell food grains 15. R grains. food tegies that reduce poverty and stabilize prices of poor. It would tofocus on stra bemoreappropriate relief, it fails to provide enduring food security to the viation measure. itdoesprovide While someimmediate public resources. ch8.pdf < 77 ber2015.pdf>. Investor/Ease_DoingBusiness/StateAssessmentReport_14Septem 2015. Availableforms. September at: 77 In 76 ------ 122 FERRÃO, Ranjana. Food Security in India. Revista de Direito Internacional, Brasília, v. 14, n. 1, 2017 p. 113-124 srmn fFood Insecurity and Hunger, Committee asurement of Agriculture’sPanel to Review Me U.S of Department Poverty Research center. Public Administration andChronic InstituteIndian of Poverty Report. Context IndiaChronic in aDynamic MEHTA, A.et al. Publishing Co. NewDelhi,1985. M. See BHATIA, in his chronicle Arthashastra. Kautilya B. cient India,Jaico PublishingHouse, 2015. HALLEGUA,Z. M. lenges S. Food Security in India Committee on Food Security. Also See NARAYANAN, XiVi, n.5,Jan. 2011 Perspectiveory BASU R best practices. tension, education andthe of promotion tural research science, anddevelopment; ex agricultural agricul infrastructure; energy and distribution, storage investresponsibility and in allareasbeittransportation, mustCompanies social use their fundsundercorporate privateIndia must encourage sector investment. Private facilities Governmentto store food grains. of The art the investmentThis isrequiredtobuildbetter state of needs investmentIndia to makereality.a righttofood must it. Farmers be abletoownpledge and theirland from crop failures or other growing season fluctuations. tools sothey can rebound and otherriskmanagement year. need to beprovided Farmers insurance with crop provide incentive to continue production the following and adequate price to compensate them for their efforts into whichthey each can selltheircrops an season and to help nourishothers. need reliable markets Farmers ownraise their living produce surpluses standardsand crease their productivity in asustainable way. will This access to in to inputs, and technology credit, storage best practices and need training inagricultural Farmers must beprovidedfarmers. Support ms for to farmers. system a success. other areais India needs refor The public distribution chmaking thetargeted will helpin needs an effective system to identify families whi poor eferences Foodin SouthAsia. Security . , Asia andPacific Studies, K. India’s FoodgrainPolicy: An EconomicThe . Economic &Political Weekly EPW, TowardsNew Compacts Solutions and 100 Desi Stories : The ImperativeThe and Its Chal v. 2,Issue1,Jan. 2015. Oxford: Oxford & IBH Oxford Oxford: : Wisdom from An from : Wisdom India: v. v. ------4 SRIVASTAVA, A.Kumar; TIWARY, M. Deprivation SEM, A. StudentTheses.dergraduate Nebraska atLincoln,2010. EnvironmentalStudies Un pact onSmall Farmers in India. SEBBY, K. CasesMaterials.ry, Economic,Covenant on Rights Commenta Cultural Socialand SAUL, B.; KINLEY, D.; MOWBRAY, J. ton. the Measure of Foodand Hungerinthe InsecurityUnited States: Assessment an cial Sciences and Education, National Research Council BehaviouralSo and Statistics,National on Division of GODDESS Annapuna. DisponívelAnnapuna. GODDESS em:h 123 FERRÃO, Ranjana. Food Security in India. Revista de Direito Internacional, Brasília, v. 14, n. 1, 2017 p. 113-124 com/subject/General-Studies/notes/public-distribu revamping. Available at: 124 FERRÃO, Ranjana. Food Security in India. Revista de Direito Internacional, Brasília, v. 14, n. 1, 2017 p. 113-124 Para publicar na Revista de Direito Internacional, acesse o endereço eletrônico www.rdi.uniceub.br ou www.brazilianjournal.org. Observe as normas de publicação, para facilitar e agilizar o trabalho de edição.