The Union Budget 2010-11
presented by Union Fi-nance
Minister Pranab Mukerjee
mentions about a proposed
legislation that will bring
solace to millions of hungry
citizens. The government plans
to enact a National Food
Security law soon, he said in
Parliament. In fact, there is
nothing new in this – in the
2009 Budget too, the Finance
Minister had made such an
announcement. However, this time
there is a positive difference –
the draft is ready, and it is
going to be introduced in
Parliament for debate.
This is good news for all the
committed "Right to Food"
campaigners in the country,
after battling out in courts for
this fundamental right and
asking the government and
political parties to listen. The
Congress Party which won the
2009 elections, with a manifesto
that also included the right to
food, has finally decided to
honour its promise.
However, the right to food idea
is still in its formative stage,
with the draft Bill still
ambiguous. The government’s
dilemma on how inclusive that
right should be — whether to
adopt the conventional poverty
line with its lower figure of
poverty or the higher estimates
that expert committees have come
up with more recently — and the
attendant cost seem to be
holding back its roll out.
In fact, experts and advocacy
groups have always championed
for an inclusive Bill. Amartya
Sen has emphasised that "We need
Right to Food Act and more".
Professor Sen said that the
first step was to defend what
already exists, as programmes of
this kind are "attacked all the
time". The next step is to
expand the scope of these
programmes and develop a
comprehensive system of food
entitlements and nutrition
interventions, he added. "In a
country where half of all
children are underweight, the
idea that freedom from hunger
and under-nutrition can be made
a legal right is rather bold and
far-reaching. It has a bearing
not only on the Public
Distribution System but also on
a range of other interventions
and entitlements, relating for
instance to child nutrition,
social security, health care,
and even property rights," says
Development Economist Jean Drèze
of Allahabad University.
Thanks to the committed lobbying
by group of activists and NGOs,
the Right to Food issue has
become a part of the national
consciousness today. "Right to
Food Campaign" is an informal
network of organisations and
individuals committed to the
realisation of the right to food
in India. The campaign has a
small secretariat housed in
Shahpur Jat, Delhi, which plays
a basic facilitating role. The
day-to-day guidance of the
secretariat is done by a
sub-group currently consisting
of Anuradha Talwar, Jean Drèze
and Kavita Srivastava (Convenor
of the steering group).
The Commission for Justice,
Peace and Development of the
Catholic Bishops’ Conference of
India (CBCI) is also very active
in the campaign. A team led by
Nithiya Sahayam and Mariola at
the Commission has realised that
it is the ignorance of people at
the grassroots level about their
rights and government schemes
that fuels exploitation. They
have brought out a trainers’
manual and a PowerPoint CD in
ten languages on the effective
use of governmental schemes.
This will be invaluable tool in
training and empowering the
vulnerable sections about their
rights and how to claim it with
dignity.

The Right to Food movement began
with a writ petition submitted
to the Supreme Court in April
2001 by People’s Union for Civil
Liberties, Rajasthan. The
petition demanded that the
country’s gigantic food stocks
at that time should be used
without delay to protect people
from hunger and starvation. This
petition led to prolonged public
interest litigation (PUCL vs
Union of India and Others, Writ
Petition [Civil] 196 of 2001).
Supreme Court hearings have been
held at regular intervals, and
significant "interim orders"
have been issued from time to
time.
In an interim order dated May 8,
2002, the Supreme Court
appointed "Commissioners" for
the purpose of monitoring the
implementation of the Court’s
orders. The Commissioners are
empowered to enquire about any
violations of these orders and
to demand redressal, with the
full authority of the Supreme
Court. The two Commissioners who
were initially appointed were
Dr. N.C. Saxena and Mr. S.R.
Sankaran. Subsequent to Mr.
Sankaran resigning from the
position, Mr. Harsh Mander has
been assisting the Commissioner
as a Special Commissioner.
However, it soon became clear
that the legal process would not
go very far on its own. This
motivated the effort to build a
larger public campaign for the
right to food. Three national
conventions have been held so
far: in Bhopal in June 2004, in
Kolkata in November 2005 and in
Bodh Gaya in April 2007.
Article 21 of the Constitution,
which provides a fundamental
right to life and personal
liberty, has been repeatedly
interpreted by the Supreme Court
as enshrining within it the
right to food. Article 47
obliges the Indian state to
raise the standard of nutrition
of its people.