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The Right to Adequate Food in India (REPORT FIAN)

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The Right to Adequate Food in India (REPORT FIAN) Parallel Report The RighT To Adequate Food in indiA Reference: Second to fifth periodic reports of India UN Doc. E/C.12/IND/5 submitted to the CESCR, 40th session FiAn india delhi office 1/14 B,Jungpura-A, New Delhi-110025, India [email protected] www.fian.in FiAn Andhra Pradesh 502, D-Block, 3 Keerthi Tower Lalapet, Secunderabad-500017 Andhra Pradesh, India Tel: +91 40 27015838 [email protected] FiAn Karnataka 9th Cross Bhagyanagar Belgaum 590006 Karnataka, India Tel: +91 831 2484491 [email protected] FiAn uttar Pradesh A-8, Sarvodaya Nagar Indira Nagar Lucknow-226016 Uttar Pradesh, India Tel: +91 522 2349556 [email protected] FiAn Tamilnadu 11P.T.Rajan Road, 5 Street Madurai 625002 Tamilnadu, India Tel: +91 452 4360810 [email protected] FiAn West Bengal 195 Jodhpur Park Kolkata 700068, West Bengal India 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, T. Ravi Kumar, Ujjaini Halim, Ashwini Mankame, Sabine Pabst, Sanjay K. Rai, Sandra Ratjen, and Ana-Maria Suarez-Franco. Photographs: Mohan Dhamotharan Printed on recycled paper Published April 2008 We would like to express our gratitude and appreciation to Misereor (www.misereor.de) for funding FIAN work in India, especially the documentation of cases presented in this report, and to Welthungerhilfe (www.welthungerhilfe.de) for funding the elaboration of the monitoring tool which has been used as a framework for this parallel report. Parallel Report The RighT To Adequate Food in indiA Reference: Second to fifth periodic reports of India UN Doc. E/C.12/IND/5 submitted to the CESCR, 40th session Acronyms AAY Antyodaya Anna Yojana FFM Fact Finding Mission APL Above Poverty Line FIAN FoodFirst Information and Action ASI Archeological Survey of India Network BIAS Budgetary Information and Analysis FPS Fair Price Shops Services FTWZ Free Trade Warehousing Zones BMI body mass index GB Gender Budgeting BoA Board of Approval GC General Comment BPL Below Poverty Line GDP Gross Domestic Product BT Bacillus Thuringiensis GNI Gross National Income BVJM Bisthapan Virodhi Jan Manch or People’s Organisation against GOI Government of India Displacement HEDCON Health, Environment, and CAI Catchment Area Treatment Development Consortium CBGA Centre for Budgetary and Governance HZL Hindustan Zinc Limited Accountability IBRD International Bank of Reconstruction CEC Central Empowered Committee and Development CEDAW Convention on the Elimination of All ICCPR International Covenant on Civil and Forms of Discrimination against Women Political Rights CEFS Centre for Environment and Food ICDS Integrated Child Development Scheme Security ICERD International Convention on the CESCR Committee on Economic, Social and Elimination of Racial Discrimination Cultural Rights ICESCR International Covenant on Economic, CETP Common Effluent Treatment Plants Social and Cultural Rights CIL Coal India limited ICN India Committee of the Netherlands CIRCUS Citizen’s Initiative for the Rights of IDCO Industrial Development Corporation of Children under Six Orissa CMPDJ Central Mine Planning and Design ILO International Labour Organisation Institute limited IMSE Institute for Motivating Self CPI Communist Party of India Employment CRC Convention on the Rights of the Child IMF International Monetary Fund CRZ Coastal Regulation Zone INR Indian rupees CSPSA Chhattisgarh Special Public Security Act IPR Industrial Policy Resolution CWS Centre for World Solidarity JBN Jai Bheem Nagar DC District Collector JFM Joint Forest Management DLC District Labour Council K.M.C Kolkata Municipal Corporation DPR Detailed Project Report MDGs Millennium Development Goals EGS Employment Guarantee Scheme MDMS Mid-day Meal Scheme EPZ Export processing Zone MIDC Maharashtra Industrial Development Corporation ESCR Economic, Social and Cultural Rights MNC Multinational Corporation ETDZ Economic and Technical Development Zones MOEF Ministry of Environment and Forests FAO Food and Agricultural Organisation MOU Memorandum of Understanding FCI Food Corporation of India MPDA Meghalaya Preventive Detenation Act FDI Foreign Direct Investment MSFC Maharashtra State Farming Corporation FDST Forest Rights to Forest Dwelling MSP Minimum Support Price Scheduled Tribes MSSRF MS Swaminathan Research Foundation NAPM National Alliance of People’s Movement SCP Special Component Plan NBA Narmada Bachao Andolan SCSP Scheduled Caste Sub Plan NCA Narmada Control Authority SEEPZ Santacruz Electronics Export Processing Zone NCD non-communicable diseases SEZ Special Economic Zone NDA National Democratic Alliance SHG Self-help group NDMA National Disaster Management Authority SIPCOT Small Industries Promotion Corporation NFBS National Family Benefit Scheme SGRY Sampoorna Gramin Rozgar Yojana NFFWP National Food for Work Programme SPO Special Police Officer NGOs Non-Governmental Organizations STF Special Police Task Force NHRC National Human Rights Commission STP Sewage Treatment Plants NIDZNAT National Industrial Development ST Scheduled Tribes Zones for New and Advanced TPDS Targeted Public Distribution Scheme Technology TSP Tribal Sub Plan NMBS National Maternity Benefit Scheme TWAD Tamil Nadu Water and Drainage Board NMP National Mineral Policy UAIL Utkal Alumina International Ltd. NMW National Minimum Wage UCIL Uranium Corporation of India Limited NOAPS National Old Age Pension Scheme UDHR Universal Declaration of Human Rights NPRR National Policy on Resettlement and Rehabilitation UN United Nations NREGA National Rural Employment Guarantee UNICEF United Nations International Children’s Act Education Fund NSSO National Sample Survey Organisation UPA United Progressive Alliance NTFPs Non-Timber Forest Products VAK Vikas Adhyayan Kendra OMC Orissa Mining Corporation VJAS Vidharbha Jan Aandolan Samiti PAFs Projected Affected Families WB World Bank PAPs Project Affected Persons WTO World Trade Organization PDS Public Distribution System PEM Protein-Energy-Malnutrition PESA Provisions of the Panchayats (Extension to the Scheduled Areas) PHEP Public Health Engineering Department POPs Persistent Organic Pollutants POTA Prevention of Terrorist Activities Act PSSP Prakrutik Sampad Surakhya Parishad PUCL People’s Union for Civil Liberties PVCHR People’s Vigilance Committee on Human Rights PWD Person with Disabilitiy RPDS Revamped PDS RTI Right to Information Act SC Scheduled Caste SC Supreme Court SCC Supreme Court Case Table of Contents Acknowledgments 5 1. introduction 6 2. Monitoring the human Right to Food in india 7 2.1 Democracy, Good Governance, Human Rights, and the Rule of Law 7 2.2 Economic Development Policies 11 2.3 Market Systems 15 2.4 Legal Framework 16 2.5 Access to Resources and Assets 30 2.6 Nutrition 40 2.7 National Financial Resources 45 2.8 Support for Vulnerable Groups 49 2.9 Safety Nets 51 2.10 Natural and Man-made Disasters 54 3. illustrative Cases of Violations of the Right to Food 55 4. Special Topics 91 5. Conclusions 123 6. Recommendations to the State of india 127 7. References 130 8. Annexes 134 Acknowledgments An undertaking such as the compilation of this Parallel Report relies upon the dedication, hard work and good will of a wide range of organisations and individuals and FIAN gratefully acknowledges the contributions of all those who participated in the planning process and implementation. We would also like to profoundly thank all those who gave us valuable contributions of cases, articles, and timely advice. We would like to take this opportunity to thank the following organisations: IMSE, Health, Environment and Development Consortium (HEDCON), Social Watch, SEVA, Vikas Adhyayan Kendra (VAK), Ekta Parishad, PVCHR - People’s Vigilance Committee on Human Rights, Campaign for Survival and Dignity, Jharkhand Resource Center of CWS, Lok Adhikar Manch (Peoples’ Rights Forum), Janhit Foundation, Parivartan, Agragamee, Ecumenical Sangam Rainbow, People’s Watch Tamil Nadu, Grassroots India Trust, Institute of Objective Studies and all others who have contributed to this work. We also thank Manu Alphonse, Hasrat Arjjumend, Adv Bipin Bihari, C. R Bijoy, Samarendra Das, Xavier Dias, Subrata Dutta, Christophe Golay, Biplap Halim, Babu Jesudoss, Dilip Kamat, Prabhu Lal, Felix Padel, Pravinbhai Patel, D. Prempati, Anil Rana, Xavier Raj, Monimoy Sinha, Neetu Sharma, and Suman. From the FIAN International Secretariat we thank: Julie Bergamin, Bastiaan Colombaroli, Kerstin Fink, Thomas Hirsch, Nastja Horvat, Dr. Rolf Künnemann, Gesa Petersen, Sandra Ratjen, Carolina Ruiz, Yifang Tang, and Nina Treu. We would also like to express our gratitude and appreciation to Misereor for funding FIAN work in India, especially the documentation of cases presented in this report, and to Welthungerhilfe for funding the elaboration of the monitoring tool which has been used as a framework for this parallel report. Finally, FIAN extends special thanks to the many individuals and communities, who shared their experiences with us and helped us to present their case. This report would not have been possible without their struggle and courage. 5 1. introduction FIAN, the International Human Rights Organisation for the Right to Feed Oneself, presents this Parallel Report on the Right to Food in India. 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.
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