Professional Documents
Culture Documents
19 22035
19 22035
onal Family Health Survey (1998-9) provides ample evidence of the problem. To i
llustrate, according to this survey, 47 per cent of all Indian children are unde
rnourished, 52 per cent of all adult women are anaemic, and 36 per cent have a b
ody mass index (BMI) below the cut-off of 18.5 commonly associated with chronic
energy deficiency.\ul0\nosupersub\cf9\f10\fs18 5\ul0\nosupersub\cf8\f9\fs22
T
hese nutritional deficiencies have devastating consequences for the well-being a
nd future of the Indian people. To start with, hunger and undernutrition are in
trinsic deprivations and severely diminish the quality of life. Further, undernu
trition is associated with reduced learning abilities, greater exposure to disea
se, and other impairments of individual and social opportunities. \par\pard\par\
pard
In international perspective, India is one of the most undernourished co
untries in the world. According to the latest \ul0\nosupersub\cf13\f14\fs22 Huma
n Development Report\ul0\nosupersub\cf8\f9\fs22 , only two countries (Bangladesh
and Nepal) have a higher proportion of undernourished children than India, and
only two countries (Bangladesh and Ethiopia) have a higher proportion of
infants with low \par
birthweight.\ul0\nosupersub\cf9\f10\fs18 6\ul0\n
osupersub\cf8\f9\fs22 Even after taking into account various gaps and inaccurac
ies in the international data, there is another indication here that undernutrit
ion levels in India are extremely high. \par\pard\par\pard\qj The second Nationa
l Family Health Survey contains a wealth of further evidence on different \par
aspects of the nutrition situation in India. Consumption data, for instance, b
ring out the frugal nature of food intakes for a majority of the population. O
nly 55 per cent of adult \par\pard\par\pard\ql \ul0\nosupersub\cf10\f11\fs18 4\
ul0\nosupersub\cf11\f12\fs18 \u8220?The second wrong ideology that has vitiated
parliamentary democracy [in western Europe] is the failure to realize that poli
tical democracy cannot succeed where there is no social or economic democracy\u8
230? Democracy is another name for equality. Parliamentary democracy developed
a passion for liberty. It never made a nodding acquaintance with equality. I
t failed to realize the significance of equality and did not even endeavour to s
trike a balance between liberty and equality, with the result that liberty swall
owed equality and has made \par democracy a name and a farce.\u8221? (Quoted in
Rodriguez, 2002, p. 62.) \par\pard\par\pard
\ul0\nosupersub\cf10\f11\fs18 5\
ul0\nosupersub\cf11\f12\fs18 International Institute for Population Sciences (2
000), pp. 246, 250 and 270. The \u8220?child undernutrition\u8221? figures are
based on weight-for-age data for children under the age of three. \par\pard\par
\pard\ql \ul0\nosupersub\cf10\f11\fs18 6\ul0\nosupersub\cf11\f12\fs18 United Na
tions Development Programme (2003), pp. 258-261. \par\pard\par\pard\ql \ul0\nos
upersub\cf8\f9\fs22 4 \par\pard\par\pard\ql women in India consume milk or curd
at least once a week, only 33 per cent eat fruits at least \par once a week, and
28 per cent get an egg. The evidence on child morbidity is no less sobering. A
mong children under the age of three, 30 per cent had fever during the two weeks
preceding the survey, 19 per cent had diarrhoea, and another 19 per cent had sy
mptoms of acute respiratory infection.\ul0\nosupersub\cf9\f10\fs18 7\ul0\nosuper
sub\cf8\f9\fs22 Even after allowing for some overlap between these different gr
oups, this suggests that at least half of all Indian children below 3 suffer fro
m one of these conditions within any given interval of two weeks. \par\pard\par\
pardAll the figures cited so far are national averages. It goes without saying
that the situation gets \par
worse - far worse - as we consider the poorer st
ates (e.g. Jharkhand, Chhattisgarh, Orissa), and the more deprived regions with
in these poorer states (e.g. Palamau in Jharkhand, Sarguja in Chhattisgarh, Kal
ahandi in Orissa), not to speak of the poorer communities within these deprived
regions. Among the Sahariyas, Musahars, Kols, Bhuiyas and other marginalized c
ommunities, the nutritional situation can only be described as a permanent emerg
ency. To illustrate, in a recent survey of 21 randomly-selected households in a
Bhuiya hamlet of \par Palamau district in Jharkhand, 20 reported that they had
to \u8220?skip meals regularly\u8221?.\ul0\nosupersub\cf9\f10\fs18 8\ul0\nosupe
rsub\cf8\f9\fs22 At the time of the survey, most of the households in this haml
et survived on \ul0\nosupersub\cf13\f14\fs22 chakora\ul0\nosupersub\cf8\f9\fs22
(a local spinach) and \ul0\nosupersub\cf13\f14\fs22 gheti\ul0\nosupersub\cf8\f9
\fs22 (a wild root), supplemented with some broken rice on lucky days. Some ha
\cltxlrtb\clftsWidth1\cellx8640
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf8\f9\fs22 11 \par\pard\par\pard\ql that
everyone is adequately nourished. However, difficulties arise as soon as we tr
y to flesh \par out this broad definition and translate it into specific entitle
ments and responsibilities. \par\pard\par\pard The term \u8220?freedom from hun
ger\u8221?, for instance, lends itself to several interpretations: getting two s
quare meals a day, meeting specific calorie norms, avoiding nutrition-related ai
lments, and so on. Ideally, the right to food should be seen as a right to \u82
20?nutrition\u8221?, and this is indeed the term used in Article 47 of the Const
itution.\ul0\nosupersub\cf9\f10\fs18 25\ul0\nosupersub\cf8\f9\fs22 However, goo
d nutrition itself depends in \par complex ways on a wide range of inputs: not j
ust adequate food intake but also clean water, \par
basic health care, good
hygiene, and so on. Even if we confine our attention to food intake, the consti
tuents of good nutrition are a matter of debate among nutritionists. For insta
nce, there is some controversy about the importance of various \u8220?micronutri
ents\u8221? for good \par
nutrition. For all these reasons, it is hard to
translate the right to food into a specific list of entitlements. \par\pard\par
\pard\ql Similar difficulties arise in clarifying the responsibilities associate
d with the right to food. \par The primary responsibility is surely with the st
ate, because the state alone commands the resources (economic and institutional)
required to protect everyone from hunger, and because the state is generally re
sponsible for safeguarding constitutional rights. However, the right to food is
not the responsibility of the state alone. To illustrate, suppose that I come
across someone who is dying of starvation on the street. If I am able to do so
mething about it, and if I recognise that every citizen has a right to be free f
rom hunger, it would clearly not be right for me to wash my hands of the situati
on and say that it is the responsibility of the state. The fact that the state
bears the primary responsibility for letting this happen does not absolve me fro
m the duty of intervening, if I am in a position to do so. In other words, in
some circumstances at least, the responsibility for protecting the right to food
is a shared responsibility, involving not only the state but also other institu
tions or individuals. \par\pard\par\pard\ql To take another example, suppose tha
t a girl is undernourished because she does not get a fair \par share of food wi
thin the family. Clearly, her right to food would be violated. But who is \p
ar\pard\par\pard\ql
\ul0\nosupersub\cf10\f11\fs18 25\ul0\nosupersub\cf11\f12
\fs18 More precisely, one could say that a person\u8217?s right to food is real
ised if her life is not impaired or limited by nutritional deficiencies of any k
ind, or (in a similar vein) that a person\u8217?s right to food is violated if n
utritional deficiencies of any kind prevent her from leading a dignified life.
The last definition would make it possible to link the right to food with recent
judicial interpretations of the fundamental right to life (Article 21) as a rig
ht to \u8220?live with dignity\u8221?. I leave it to others to unravel the ful
l implications of this approach, e.g. whether a \par professional weight-lifte
r has a right to \u8220?more food\u8221? than an unemployed clerk. \par\pard\par
\pard\ql \ul0\nosupersub\cf8\f9\fs22 12 \par\pard\par\pardresponsible? At some l
evel, state responsibility would be involved, since the state has an \par
overarching duty to eradicate social discrimination. But surely, the girls\u821
7? parents (or whoever controls the distribution of food within the family) woul
d also bear a substantial part of the responsibility for this situation. Here
again, there is a difficulty in apportioning \par
responsibilities
for protecting the right to food. \par\pard\par\pard\ql
The last example
also brings out a related problem, namely that the right to food is not always
\u8220?justiciable\u8221?, in the sense of being enforceable in a court of law.
If a girl is undernourished because of discrimination within the family, I doub
t that the best response would be to take her parents (or for that matter the go
vernment) to court.\ul0\nosupersub\cf9\f10\fs18 26\ul0\nosupersub\cf8\f9\fs22
Other means of intervention would \par be required. Similar problems arise wit
h other economic and social rights, and for this \par reason, among others, le
gal enforcement of the Directive Principles was explicitly ruled out in the Cons
titution. This applies in particular to the directives relevant to the right t
o food, such as Article 47 (which stresses that \u8220?the State shall regard th
e raising of the level of nutrition\u8230? and the improvement of public health
as among its primary duties\u8221?) and Article 39A (which directs the state to
ensure that \u8220?the citizens, men and women equally, have the right to an ade
quate means of livelihood\u8221?). \par\pard\par\pard\ql At this point, the read
er may wonder whether the right to food has any \u8220?teeth\u8221? at all, if i
t is so \par
difficult to define and so hard to enforce. I would argue that
it does have a cutting edge, for at least three reasons. \par\pard\par\pard\ql
First, even if the right to food is not always justiciable, some \ul0\nosupersub
\cf13\f14\fs22 aspects\ul0\nosupersub\cf8\f9\fs22 of the right to food (at the
very least) are amenable to legal enforcement. This is one crucial lesson of t
he public interest litigation initiated by the People\u8217?s Union for Civil Li
berties (Rajasthan) in April 2001 with a writ petition to the Supreme Court.\ul0
\nosupersub\cf9\f10\fs18 27\ul0\nosupersub\cf8\f9\fs22 The litigation is far fr
om over, but some useful \par orders have already been passed, such as the inter
im order of 28 November 2001, directing \par
all state governments to introdu
ce cooked mid-day meals in primary schools. We can plausibly envisage that ent
itlements of this kind might become part of the law of the land, just as the rig
ht of access to public records has found expression in \u8220?right to informati
on laws\u8221?. \par\pard\par\pard\ql \ul0\nosupersub\cf10\f11\fs18 26\ul0\nos
upersub\cf11\f12\fs18 This does not mean that it is pointless to make intra-fam
ily discrimination \ul0\nosupersub\cf14\f15\fs18 illegal\ul0\nosupersub\cf11\f12
\fs18 . Most of time, laws are enforced by institutions other than the courts.
Legal provisions can also have important effects on public \par perceptions o
f what is right and wrong. \par\pard\par\pard\ql \ul0\nosupersub\cf8\f9\fs22 13
\par\pard\par\pard\ql Indeed, this approach would be highly consistent with the
scheme of things initially \par envisaged by the Constitution. It is often forg
otten that while Article 37 explicitly states that the Directive Principles \u82
20?shall not be enforced by any court\u8221?, it goes on to stress (1) that thes
e principles are nevertheless \u8220?fundamental to the governance of the countr
y\u8221?, and (2) that \u8220?it shall be the duty of the state to apply these p
rinciples in making laws\u8221?. The application of these prescriptions to the
right to food is potentially far-reaching. Some good work has been done, for i
nstance, on the possibility of introducing a \u8220?framework law\u8221? that wo
uld translate a wide range of aspects of the right to food into legal provisions
.\ul0\nosupersub\cf9\f10\fs18 28 \par\pard\par\pard\ql \ul0\nosupersub\cf8\f9\fs
22 I submit that this approach would be more productive than the common proposal
that the \par Directive Principles should somehow be declared \u8220?justiciab
le\u8221?.\ul0\nosupersub\cf9\f10\fs18 29\ul0\nosupersub\cf8\f9\fs22
For one
thing, there are serious difficulties in making the right to food fully justicia
ble. Much of it ultimately belongs to the domain of democratic politics rather
than of legal enforcement. For another, even if the right to food is deemed fu
lly justiciable, it will remain necessary to spell out the constructive interven
tions through which this right is to be protected. Leaving it to the Courts to
settle this issue as and when it arises would be both risky and inappropriate.
The need would therefore remain for additional legislation, framed through demo
cratic processes, clarifying how the right to food is to be realised. And this
is precisely what I am advocating in the first place. \par\pard\par\pard\qj The
approach proposed here does not detract from the possibility of claiming the rig
ht to food \par in court as a corollary of the fundamental \u8220?right to life\
u8221? under Article 21. Indeed, this claim is one aspect of the public interes
t litigation initiated in April 2001 by the People\u8217?s Union for Civil Liber
ties. And the Supreme Court itself has already clarified on various occasions t
hat the right to life implies the right to food.\ul0\nosupersub\cf9\f10\fs18 30\
ul0\nosupersub\cf8\f9\fs22
In some circumstances, this recognition can be \pa
r\pard\ul0\nosupersub\cf10\f11\fs18 27\ul0\nosupersub\cf11\f12\fs18 Writ Peti
tion (Civil) 196 of 2001, PUCL vs Union of India and others; for furth
er details, see www.righttofood.com. \par\pard\par\pard\ql \ul0\nosupersub\cf1
their rights, by destroying the solidarity between APL and BPL households, and
sometimes even pitching one group against the other. The fact that \u8220?vigil
ance committees\u8221?, the local watchdogs of the public distribution system, o
ften turn out to consist mainly of APL members, who have no stake in the integri
ty of the system, does not help either. The need of the hour is to empower disa
dvantaged households vis--vis PDS dealers, but the present targeting system goes
in the opposite direction. \par\pard\par\pard\ql \ul0\nosupersub\cf12\f13\fs26 M
id-day Meals and their Wider Significance \par\pard\par\pard\ql \ul0\nosupersub\
cf8\f9\fs22 These diverse roles of the right to food can be further illustrated
with reference to the issue of \par
mid-day meals in primary schools. This
is one aspect (perhaps the only aspect) of the right to \par\pard\par\pard\ql
\ul0\nosupersub\cf10\f11\fs18 35\ul0\nosupersub\cf11\f12\fs18 To illustrate, a
recent study of the PDS in Allahabad district found that only one per cent of th
e 1,400 sample households had correct knowledge of their entitlements (Mazumder,
2003, p. 21). \par\pard\par\pard\ql
\ul0\nosupersub\cf10\f11\fs18 36\ul0\nos
upersub\cf11\f12\fs18 See e.g. Drze (2003a). In one village of Sendhwa (Madhya
Pradesh), the PDS dealer has apparently struck a deal with the local residents,
whereby he keeps all their cards, gives them twenty rupees in cash each month,
and takes care of the rest. The most interesting part of the story is that the
villagers are apparently satisfied: \u8220?twenty rupees is better than nothing,
\u8221? they say. This contentment reflects their low expectations of the PDS i
n ordinary \par circumstances (Sachin Jain, personal communication). \par\pard\p
ar\pard \ul0\nosupersub\cf10\f11\fs18 37\ul0\nosupersub\cf11\f12\fs18 Personal
observations based on field work in Dharmapuri district, one of Tamil Nadu\u8217
?s most deprived districts (see also Drze, 2003b). In one village, Dalit women
were intrigued by the suggestion that the local dealer might be cheating them. \
u8220?Where would he go after doing this?,\u8221? they said. \u8220?He lives her
e, and we will catch \par
him if he cheats us.\u8221? Their confidence was
refreshing, especially in comparison with the disempowerment and helplessness c
ommonly observed among poor households in north India. \par\pard\par\pard\ql \ul
0\nosupersub\cf8\f9\fs22 17 \par\pard\par\pard\ql food that has been significant
ly consolidated in India in recent years. I believe that this \par
experien
ce is of some significance not only from the point of view of child nutrition bu
t also as a pointer to the scope for further action in this field. \par\pard\par
\pard\ql The case for providing cooked mid-day meals in primary schools is very
strong. At least \par three arguments can be invoked in this connection. Fir
st, mid-day meals boost school attendance, especially among girls. Second, they
protect children from classroom hunger and also enhance child nutrition, if the
meal is nutritious. Third, mid-day meals contribute to social equity, in seve
ral ways: they teach children to share a common meal irrespective of caste and c
lass, act as a form of income support for poor households, and provide employmen
t opportunities to poor women. The wide-ranging personal and social benefits of
mid-day meals have been well demonstrated in states that made an early start do
wn this road, notably Tamil Nadu and Gujarat. More recent experiences in Karna
taka, Rajasthan and elsewhere suggest that similar achievements are possible all
over the country. In Rajasthan, for instance, girl enrolment in Class 1 jumped
by nearly 20 per cent in a single year after midday meals were introduced.\ul0\
nosupersub\cf9\f10\fs18 38 \par\pard\par\pard\ql \ul0\nosupersub\cf8\f9\fs22 On
28 November 2001, the Supreme Court directed all state governments to introduce
\par
cooked mid-day meals in primary schools within six months. This interim
order came up in the context of the public interest litigation mentioned earlie
r. Several states (notably Bihar, Jharkhand, Uttar Pradesh and West Bengal) are
yet to implement this order. Nevertheless, the coverage of mid-day meal progr
ammes is steadily expanding. Fifty million children are already covered, making
this the largest nutrition programme in the world by a long margin. With adequa
te public pressure, another 50 million children are likely to get on board withi
n a year or so, and the quality of mid-day meal programmes could also be radical
ly enhanced. This would be no small achievement at a time of growing abdication
of state responsibility for the well-being of Indian citizens. \par\pard\par\par
d\qj With this background, let me clarify how recent experience with mid-day mea
ls illustrates the \par three possible roles of the right to food discussed earl
ier. To start with, this experience shows the possibility of bringing some aspe
cts of the right to food within the ambit of legal enforcement. Some commentat
ors are quite unhappy about the Supreme Court \u8220?meddling\u8221? \par\pard\p
ar\pard\ql \ul0\nosupersub\cf10\f11\fs18 38\ul0\nosupersub\cf11\f12\fs18 For fu
rther discussion, see Drze and Goyal (2003), and earlier studies cited there. \pa
r\pard\par\pard\ql \ul0\nosupersub\cf8\f9\fs22 18 \par\pard\par\pard\ql
with policy issues such as the provision of mid-day meals in primary schools.
Having witnessed the court\u8217?s deliberations at close quarters, I share some
of these apprehensions.\ul0\nosupersub\cf9\f10\fs18 39 \par \ul0\nosupersub\cf8
\f9\fs22 Yet, the interim order on mid-day meals seems quite reasonable, conside
ring that we are \par dealing here with very basic rights of Indian children (
not only the right to food but also the fundamental right to education), and tha
t the effectiveness of mid-day meals in furthering these rights is well establis
hed. As things stand, the directive on mid-day meals is only an \u8220?interim
order\u8221?, but there is no reason why mid-day meals should not be given perm
anent legal status, just as the right to work has found expression in Maharashtr
a\u8217?s \u8220?employment guarantee act\u8221?. \par\pard\par\pard\ql Secondly
, the mid-day meal story also highlights the importance of campaigning for \par
economic and social rights outside the courts, using all democratic means availa
ble. Indeed, had the Supreme Court order on mid-day meals been allowed to take
its own course, it is doubtful that it would have been implemented. In this con
nection, it is worth noting that on the same day (28 November 2001), the Supreme
Court also issued a similar order relating to the Integrated Child Development
Services (ICDS), calling inter alia for the provision of functional anganwadis (
child care centres) in \u8220?every habitation\u8221?. This order, however, ha
s made no impact so far, and one reason for this is the failure to supplement th
e court order with active public pressure. Mid-day meals, by contrast, have be
en the focus of lively campaigns in many states during the last two years. The
steady progress of mid-day meals reflects this effective combination of legal a
ction and social action. \par\pard\par\pardThirdly, mid-day meals provides anoth
er useful illustration of the role of economic and social \par rights in shapin
g people\u8217?s perceptions of their entitlements and enhancing their determina
tion to get their due. Here again, the point can be appreciated by looking at
contrasts between different states.
In Tamil Nadu, where mid-day meals go bac
k to 1925, and were \par
universalised in 1982, the whole arrangement is
widely accepted as a basic entitlement of all children and has been internalised
by all parties concerned - parents, teachers, cooks, \par
administrators,
and children themselves. Mid-day meals are provided on every day of the \par\p
ard\par\pard\ql
\ul0\nosupersub\cf10\f11\fs18 39\ul0\nosupersub\cf11\f12
\fs18 The proceedings often reminded me of Kropotkin\u8217?s indictment of the
lawyers of his time: \u8220?\u8230? a race of lawmakers legislating without know
ing what their laws are about; today voting a law on the sanitation of towns, wi
thout the faintest notion of hygiene, tomorrow making regulations for the armame
nt of troops, without so much as understanding a gun; \u8230?legislating at rand
om in all directions, but never forgetting the penalties to be meted out to raga
muffins, the prison and the galleys, which are to be the portion of men a thousa
nd times less \par immoral than these legislators themselves.\u8221? (Kropotkin,
\u8220?Law and Authority\u8221?, quoted in Bose, 1967, p. 266.) \par\pard\par\p
ard\ql \ul0\nosupersub\cf8\f9\fs22 19 \par\pard\par\pard\ql year, including holi
days, and any lapse in this regard would be considered a serious matter. \par
In (say) Chhattisgarh or Madhya Pradesh, by contrast, mid-day meals are still fa
r from being perceived as a basic entitlement of all children. This is one reas
on why the implementation of mid-day meals remains quite casual in these states,
to the extent that the meal often fails to materialise on a particular day, wit
hout anyone making a fuss.\ul0\nosupersub\cf9\f10\fs18 40 \par\pard\par\pard\ql
\ul0\nosupersub\cf8\f9\fs22 Beyond these specific lessons, there is a larger mes
sage here about the possibility of bringing \par
democratic politics to b
ear on issues of hunger and nutrition. The point emerges most sharply in Tamil
Nadu, where mid-day meals have been a lively political issue ever since M.G. Ram
achandran (alias \u8220?MGR\u8221?) threw his weight behind this idea in the ear
ly 1980s. In fact, many observers consider this initiative as one of the pillars
of MGR\u8217?s lasting popularity.\ul0\nosupersub\cf9\f10\fs18 41 \ul0\nosupers
ub\cf8\f9\fs22 The prominence of social development issues in Tamil Nadu politic
s (at least in comparison with other states) is also a major reason for the rela
tively good quality of nutrition and health services in general, from anganwadis
to primary health centres.\ul0\nosupersub\cf9\f10\fs18 42\ul0\nosupersub\cf8\f9
\fs22 Elsewhere in India, social issues are nowhere near getting the same atten
tion in state politics, but as argued earlier, this situation is not immutable.
There are growing possibilities of public mobilisation on these issues, and th
e future course of the right to food depends a great deal on the extent to which
these opportunities are seized. \par\pard\par\pard\ql \ul0\nosupersub\cf12\f13\
fs26 Concluding Remarks \par\pard\par\pard\ql \ul0\nosupersub\cf8\f9\fs22 The ba
sic argument of this paper is something like this. First, the Indian Constitutio
n and its \par underlying ideas (chiefly due to Dr. Ambedkar) provide a sound f
ramework for thinking about the right to food. In this framework, the right to
food is one of the basic economic and social rights that are essential to achiev
e \u8220?economic democracy\u8221?, without which political democracy is at best
incomplete. Indeed, there is an obvious sense in which mass hunger is fundamen
tally incompatible with democracy in any meaningful sense of the term. \par\pard
\par\pard\ql
\ul0\nosupersub\cf10\f11\fs18 40\ul0\nosupersub\cf11\f12\fs18 P
ersonal observations in Tamil Nadu, Chhattisgarh and Madhya Pradesh. In both C
hhattisgarh and Madhya Pradesh, it is not uncommon to find that the mid-day meal
has failed to materialise for trivial reasons such as alleged lack of firewood.
In one such school, visited at four o\u8217?clock in the afternoon, the teach
ers were least concerned about the fact that the children had not eaten anything
since early morning, and even since the previous evening in a few cases. In re
sponse to a pointed question about the Supreme Court order, one of them \par pro
mptly argued that the order required mid-day meals to be served on \u8220?200 da
ys in the year only\u8221?. \par\pard\par\pard\ql \ul0\nosupersub\cf10\f11\fs18
41\ul0\nosupersub\cf11\f12\fs18 See e.g. Anita Pratap (2003). \par\pard\par\pa
rd\ql \ul0\nosupersub\cf10\f11\fs18 42\ul0\nosupersub\cf11\f12\fs18 For further
discussion, see Drze and Sen (2002), pp. 213-8; also Drze (2003b). \par\pard\par
\pard\ql \ul0\nosupersub\cf8\f9\fs22 20 \par\pard\par\pardSecond, the right to f
ood is nowhere near being realised in India. In fact, undernutrition \par
levels in India are among the highest in the world. Further, the improvement o
f nutrition indicators over time is very slow. There is also some evidence of
increasing disparities in nutritional achievements (between rural and urban area
s as well as between boys and girls) in the nineties. The recent accumulation
of nearly 70 million tonnes of grain against a \par
background of widespread
hunger is a particularly startling violation of the right to food. \par\pard\pa
r\pard\ql Third, the nutrition situation in India is a sort of \u8220?silent eme
rgency\u8221?: little attention is paid to \par it in public debates and democra
tic politics. This illustrates a more general feature of Indian democracy - its
tremendous lack of responsiveness to the needs and aspirations of the underpriv
ileged. Against this background, economic and social rights have a crucial role
to play as built-in safeguards against the elitist biases of public policy. \pa
r\pard\par\pard\ql Fourth, the right to food is a somewhat complex right that do
es not readily translate into well\par defined entitlements and responsibilitie
s. The scope for enforcing it through the courts can be significantly enlarged
(e.g. by consolidating legal provisions for the right to food), but serious dif
ficulties are involved in making it fully justiciable. Nevertheless, the right t
o food can bring new interventions within the realm of possibility in at least t
hree different ways: through legal action, through democratic practice, and thro
ugh public perceptions. \par\pard\par\pard\ql Fifth, I have illustrated these di
fferent roles of the right to food with reference to the \par provision of mid
-day meals in primary schools. It goes without saying that I am not proposing
mid-day meals as an answer to India\u8217?s massive nutrition problem. Yet, th
is experience is a helpful illustration of the possibility of effective action i
n this field. Similar things can be done with respect to many other means of in
{}\cell
{\trowd\trautofit1\intbl
\cltxlrtb\clftsWidth1\cellx2880
\cltxlrtb\clftsWidth1\cellx5760
\cltxlrtb\clftsWidth1\cellx8640
\row}
}\par\pard\par\pard\ql Ambedkar, B.R. (1948), \u8220?States and Minorities\u8221
?, memorandum submitted to the Constituent \par Assembly; reprinted in Governmen
t of Maharashtra (1979-98), volume 1. \par\pard\par\pard\ql Banerjee, A., and Pi
ketty, T. (2003), \u8220?Top Indian Incomes, 1922-2000,\u8221? mimeo, Departmen
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Economics, Massachussetts Institute of Technology, Cambridge MA.
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\trowd\trautofit1\intbl{\ul0\nosupersub\cf8\f9\fs22 Bhagwan Das}\cell{\ul0\nosu
persub\cf8\f9\fs22 (ed.)}\cell{\ul0\nosupersub\cf8\f9\fs22 (1963), Thus Spoke
Ambedkar, volume}\cell{\ul0\nosupersub\cf8\f9\fs22 1}\cell{\ul0\nosupersub\cf8
\f9\fs22 (Jalandhar: Buddhist}\cell
{\trowd\trautofit1\intbl
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\row}
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{}\cell{\ul0\nosupersub\cf8\f9\fs22 Publishing House).}\cell
{}\cell
{}\cell
{}\cell
{\trowd\trautofit1\intbl
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\cltxlrtb\clftsWidth1\cellx6912
\cltxlrtb\clftsWidth1\cellx8640
\row}
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Economic and Political Weekly, 7 September. \par\pard\par\pardDrze, Jean
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{}\cell
{}\cell
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ard\par\pard\ql \ul0\nosupersub\cf8\f9\fs22 24 \par\pard\par\pard{
\trowd\trautofit1\intbl{\ul0\nosupersub\cf8\f9\fs22 Duggal, Ravi}\cell{\ul0\nosu
persub\cf8\f9\fs22 (2003),}\cell{\ul0\nosupersub\cf8\f9\fs22 \u8220?Health and D
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{}\cell
{}\cell{\ul0\nosupersub\cf8\f9\fs22 Healthcare\u8221?, mimeo, Centre for Enquiry
into Health and Allied Themes (CEHAT),}\cell
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\row}
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{}\cell
{}\cell
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{}\cell
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{}\cell
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l{\ul0\nosupersub\cf8\f9\fs22 (2002),}\cell{\ul0\nosupersub\cf8\f9\fs22 \u8220?D
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osupersub\cf8\f9\fs22 (1997),}\cell
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{}\cell
{}\cell
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}\par\pard\par\pardSachdev, H.P.S. (2003), \u8220?Recent Transitions in Anthropo
metric Profile of Indian Children: \par Clinical and Public Health Implications\
u8221?, paper presented at IX Asian Congress of \par\pard\par\pard{
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rsub\cf8\f9\fs22 New}\cell{\ul0\nosupersub\cf8\f9\fs22 Delhi,}\cell{\ul0\nosuper
sub\cf8\f9\fs22 23-27}\cell{\ul0\nosupersub\cf8\f9\fs22 February;}\cell{\ul0\nos
upersub\cf8\f9\fs22 available}\cell{\ul0\nosupersub\cf8\f9\fs22 at}\cell
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, Frontline, 5 December. \par\pard\par\pard\ql Shukla, Abhay (2003), \u8220?The
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or Enquiry into Health and Allied Themes (CEHAT), Mumbai. \par\pard\par\pardSing
h, Mahendra P. (2003), \u8220?The Statics and the Dynamics of the Fundamental Ri
ghts and \par the Directive Principles: A Human Rights Perspective\u8221?, mim
eo, Law Faculty, Delhi University. \par\pard\par\pard\ql \ul0\nosupersub\cf8\f9\
fs22 26 \par\pard\par\pard\ql Srivastava, Ravi (2003), \u8220?The Right to Educa
tion in India\u8221?, mimeo, Centre for Development \par
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\trowd\trautofit1\intbl{\ul0\nosupersub\cf8\f9\fs22 Vaidyanathan, A.}\cell{\ul0\
nosupersub\cf8\f9\fs22 (2002), \u8220?Food Consumption and Nutrition Status: A R
e-examination}\cell
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21?, mimeo, Madras Institute of Development Studies,}\cell
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\par\pard}