ABSTRACT
The right to food is a multidimensional right, realization of which depends on many factors. In a normal situation, people produce food required by them and excess production is sold in the open market which is bought by the people who do not produce food. But for the people who cannot afford food for the reason they are old, unemployed, poor, etc. it is the duty of the state to provide food to them. The right to adequate food also implies that the food obtained must be of adequate quality and must qualify for minimum safety standard.
The evolution of the right to food is derived from the larger human right to an adequate standard of living contained in the Universal Declaration of Human Rights 1948. Article 25 (1) of UDHR asserts that, ‘Everyone has the right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing and medical care and necessary social services. The International Covenant on Economic, Social and Cultural Rights (1966) developed these concepts more fully, stressing ‘the right to everyone to adequate food’ and specifying ‘the fundamental right of everyone to be free from hunger. The most common constitutional provisions are formulated along the lines of the Universal Declaration of Human Rights, recognizing the right of everyone to an adequate standard of living, including food, clothes and shelter. Others refer to a decent living or life with dignity. For example, Article 21 of the Indian Constitution speaks about right to life and livelihood which is treated by the Hon ble Supreme Court of India as one of the basic right. It is the obligation of the state to be proactive in strengthening people’s access to food. It is also the duty of the state to improve food production, conservation and distribution of food through an appropriate policy.
397This chapter intends to highlight the constitutional basis for right to food and role of Indian Judiciary in development of the said right thorough various decisions. Further, the development at the international arena in this regard, the salient features and scope of the National Food Security Act, 2013 is also discussed.
