CEDAW) 58Th Session, June 2014

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 58th session, June 2014 Fourth and Fifth Review – India THE RIGHT TO ADEQUATE FOOD OF WOMEN IN INDIA Submitted by FIAN India 1. HUNGER AND MALNUTRITION IN INDIA As per the State of Food Insecurity in the World1, India remains home to the largest number of undernourished people in the world: 213 million (17% of its population) between 2011 and 2013. Considering various poverty norms, about 75% of the Indian population suffers from hunger and malnutrition to varying degrees, 50% of it acutely. The Global Hunger Index (GHI) ranks India at 63 with a score of 21.3 among 120 countries, classifying its situation as within the ‘alarming’ category2. The report also noted that India continued to record one of the highest prevalences of children under five who are underweight, at more than 40%, and is among the countries with the highest prevalence of anemia, which affects 51% of women in the age bracket of 15-59 years and 87% of pregnant women. More than 70% of Indian women and children have serious nutritional deficiencies. Similarly, the level of adult malnutrition is high, affecting one-third of the country’s adults. In this regard, Scheduled Tribes (STs), Scheduled Castes (SCs), and minorities (Muslims) are at a great disadvantage. As per India’s State Hunger Index (ISHI), 12 of the 17 states surveyed fall into the ‘alarming’ category and one into the ‘extremely alarming’ category. These 17 major states comprise 95% of total population of India3. About 68.84% of the population of India is rural, the majority of whom greatly suffers from hunger and malnutrition. Also, the majority of the remaining urban population (31.16%) – afflicted by poverty, hunger and malnutrition - is composed of rural migrants who landed in urban slums while exploring employment and income opportunities4. 2. NATIONAL LEGAL FRAMEWORK OF THE HUMAN RIGHT TO ADEQUATE FOOD The human right to adequate food is a human right recognized under international law. It is legally recognized in Article 25 of the Universal Declaration of Human Rights and in Article 11 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR), among others. Aside from being a signatory to many of these instruments, also to the Convention on the Elimination of Discrimination against Women (CEDAW), India’s national legal framework obliges India to ensure that its citizens are free from hunger. The nature of the state obligation to ensure the effective realization of the human right to food is laid out in the Constitution of India. Article 39 (a) – the Directive Principles – is fundamental in the governance of the country, requiring the State to direct its policy towards securing “that the citizens, men and women equally, have the right to an adequate means to livelihood”. Article 47 must be read along with Article 39 (a) (d) (e) which spells out the duty of the State to raise the level of nutrition and standard of living and to improve the public health of its citizens, including women, as a primary responsibility. Article 21 guarantees protection of life. Thus, women's right to be free from hunger enshrined in Article 21 is to be ensured by the fulfillment of the obligations of the State set out in Articles 39 (a) and 47. The reading of Article 21 together with the obligations of the State under Articles 39 (a) and 47, places the issue of food security in the correct perspective. The right to adequate food is therefore a guaranteed fundamental right which is enforceable by virtue of the constitutional remedy provided under Article 32 of the Constitution. The requirements of the Constitution are consonant with the obligations of the State under the ICESCR, under which the human right to food is enshrined in Article 11, and to which India is a state party. 1 FAO, IFAD and WFP. 2013. The State of Food Insecurity in the World 2013. The multiple dimensions of food security. Rome, FAO, p. 44. 2IFPRI, Concern World Wide, and Welt Hunger Hilfe. 2013. Global Hunger Index. The Challenge of Hunger: Building Resilience 2013. Global Hunger Index to Achieve Food and Nutrition Security, p.15. 3 http://www.angoc.org/portal/wp-content/uploads/2012/09/12/vietnam-food-and-nutrition-security-situationer/India.pdf 4 http://delhifoodbanking.org/index.php/about/the-big-issue.html 1 3. SITUATION OF WOMEN IN INDIA IN THE CONTEXT OF THE RIGHT TO FOOD The CEDAW does not only protect human rights, it also clearly states that all forms of discrimination against women constitute a violation of respect for human dignity. The right to adequate food is a fundamental right whose fulfillment is linked to many other rights, including the right to education, right to health, and right to housing, among others. World-wide, women suffer the most from violations of the right to food due to gender- based discrimination. Since human rights are interdependent and indivisible, the violation of one right leads to violations of other fundamental rights of women, inhibiting them from living a dignified life5. Below, we outline the main obstacles Indian women face when attempting to realize their right to adequate food. 3.1 CEDAW Article 7 – Political and public life The violation and deprivation of women’s right to adequate food not only has a direct bearing on their physical, mental and psychological health, but it has an equally strong impact on women’s empowerment, gender stereotypes, structural positioning of women, their representation in the political spectrum and their role and position in society at large. In turn, this lack of participation by women as autonomous, participatory members of efforts to address hunger and malnutrition, along with the lack of women acting on behalf of their families and communities to the full extent of their capabilities, results in the perpetuation of violations of women’s right to adequate food through the enactment of inadequate food-related policies that do not take gender into account. Lack of access to food limits women’s mobility. When women struggle for basic survival, then their representation in society at large is a big question mark. Women regularly face discrimination in their access to natural and productive resources, to equity in government policies and programs, and inclusion in decision- making processes at all levels. Despite the recommendation by the Indian Government to reserve 50% of seats for women at panchyat level, and 30% of seats for women at legislative bodies and at the parliament, the recommendation has not taken the shape of regulatory frameworks thus far, and the representation of women in the political world is still limited and narrow in scope6. Development of women-friendly policies that ensure the protection of basic rights of women and their right to adequate food and nutrition, in particular, requires equal participation of women in the formulation and implementation of plans and policies aimed at protecting the right to life, including the right to adequate food, the right to water, the right to livelihood, and the right to health and nutrition. We kindly request that the CEDAW committee recommends that the state of India adopts all necessary measures to improve women’s participation and ensure their active and meaningful role in political and public life. Towards this, below, we outline specific recommendations: - To mainstream gender sensitivity in the discussions and decisions taken to protect the human right to adequate food, food and nutrition security, and food sovereignty. - To ensure women’s participation, and provide for the protection of women’s rights, in all social welfare programs. The processes should be transparent and clearly defined for the sustainable implementation of such programs. - To ensure the equal participation by women in local governance, which needs to be strengthened and monitored from a gender perspective. 5 See UN Doc A/HRC/22/50, Report submitted by the Special Rapporteur on the right to food, Olivier De Schutter: Women’s rights and the right to food. 6 http://www.aicte-india.org/downloads/woman_empowerment.pdf 2 - To formulate and implement women-friendly policies, enhance the participation of women in program and policy implementation, and create more opportunities for women to make decisions and show their leadership qualities as part of India’s effort to change cultural attitudes towards women and their roles in various fields. - To alter the current early socialization practices of the girl child in the household, community and school and to emphasize the role of women as active agents of society in every front through community-based practices, local governance, the creation of role models, change in traditional practices and the recognition of the true potential of women. - To develop guidelines for processes to be transparent and participatory with equal participation of women, and for the accountability of concerned authorities to implement the gender sensitive policies at the ground level. 3.2 CEDAW Articles 10 and 11 - Access to Education and Employment Gender-based discrimination, in particular with regards to the rights to education and employment of women and girls, has dire consequences for the realization of women’s right to adequate food and nutrition. In India, gender-based discrimination starts at birth; the preference of having baby boys rather than girls still prevails, especially in rural areas. As a result, many parents do not allow their female children to go to school and they are married off at a young age instead. Thus, the female literacy rate (65.46%) is lower than the male literacy rate (80%)7. This low female literacy rate has a detrimental implication on the right to adequate food of children in India.

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