Download as pdf or txt
Download as pdf or txt
You are on page 1of 13

SUMMARY OF TABLE OF CONTENTS

➔ TITLE PAGE i

➔ DEDICATION ii

➔ CERTIFICATE OF SUPERVISOR iii

➔ DECLARATION OF SCHOLAR iv

➔ PREFACE v

➔ ACKNOWLEDGEMENT ix

➔ ABBREVIATION xi

➔ TABLE OF CASES xv

➔ SUMMARY OF TABLE OF CONTENTS xix

➔ DETAILED CONTENTS OF THE CHAPTERS xx

➔ CHAPTER (1):- Introduction 1

➔ CHAPTER (2):- Emergence of the concept of the Right to Food as Human Right 27

➔ CHAPTER (3):- Right to Food as Human Right in Global Context 66

➔ CHAPTER (4):- Shaping of Right to Food as Human Right under Indian

Constitution and Legislative Enactments 125

➔ CHAPTER (5):- Role of Indian Judiciary for shaping Right to Food as Human

Right 167

➔ CHAPTER (6):- Right to Food as Human Right and its state of development in

India 208

➔ CHAPTER (7):-Conclusion and Recommendations 249

➔ SELECTED BIBLIOGRAPHY xxxii

Page | xix
DETAILED CONTENTS OF THE CHAPTERS

 CHAPTER (1):-Introduction…………………………………………….1-26

➢ INTRODUCTION 2

➢ OBJECTIVES OF THE STUDY 3

➢ UTILITY OF THE STUDY 4

➢ STATEMENT OF THE RESEARCH PROBLEM 5

➢ HYPOTHESIS 6

➢ RESEARCH QUESTIONS 7

➢ REVIEW OF LITERATURE 7

➢ RESEARCH METHODOLOGY 22

➢ TOOLS OF RESEARCH 23

➢ SIGNIFICANCE OF THE RESEARCH 23

➢ SCOPE OF THE RESEARCH 23

➢ LIMITATION OF THE RESEARCH 24

➢ DESIGN OF THE STUDY 25

➢ CHAPTERIZATION 26

Page | xx
 CHAPTER (2):- Emergence of the concept of the Right to Food as Human

Right...…………………………………………………………………27-65

➢ INTRODUCTION 28

➢ EMERGENCE OF THE RIGHT TO FOOD 29

➢ DEFINITION OF THE RIGHT TO FOOD 32

➢ FUNDAMENTAL FACETS OF THE RIGHT TO FOOD 35

➢ HUMAN RIGHTS “PANTHER” PRINCIPLES AND THE

RIGHT TO FOOD 37

➢ A FEW WIDESPREAD FALLACIES ABOUT THE RIGHT TO

FOOD 40

➢ LINKS BETWEEN THE RIGHT TO ADEQUATE FOOD AND

OTHER HUMAN RIGHTS 49

➢ OBLIGATIONS ON STATES IN PROMOTING AND

PROTECTING THE RIGHT TO FOOD 53

➢ OBLIGATIONS ON INTERGOVENMENTAL ORGANIZATION

AND NON-GOVERNMENTAL ORGANISATIONS IN

PROMOTING AND PROTECTING THE RIGHT TO FOOD 55

➢ OBLIGATIONS ON THE PRIVATE SECTOR, INCLUDING

TRANSNATIONAL CORPORATIONS IN PROMOTING AND

PROTECTING THE RIGHT TO FOOD 57

Page | xxi
➢ WHAT AMOUNTS TO VIOLATIONS OF THE RIGHT TO

FOOD? 58

➢ REMEDIES AVAILABLE ON VIOLATIONS OF THE RIGHT

TO FOOD 61

➢ HOW THE RIGHT TO FOOD CAN BE IMPLEMENTED? 62

➢ CONCLUSION 64

Page | xxii
 CHAPTER (3):- Right to Food as Human Right in Global

Context…………………………………………………………………66-124

➢ INTRODUCTION 67

➢ A FEW IMPORTANT INTERNATIONAL HUMAN RIGHTS

INSTRUMENTS, TREATIES, AND CONVENTIONS RELATING TO

THE RIGHT TO FOOD 68

❖ The International Covenant on Economic, Social and Cultural Rights

and Optional Protocol to the International Covenant on Economic,

Social and Cultural Rights 68

❖ Convention relating to the Status of Refugees 69

❖ Convention on the Elimination of All Forms of Discrimination Against

Women 69

❖ The Additional Protocol to the Geneva Conventions, and Relating to

the Protection of Victims of International and Non-International

Armed Conflicts 69

❖ Convention on the Rights of the Child 70

❖ General Comment No. 12 71

❖ Convention on the Rights of Persons with Disabilities 71

❖ The Food Assistance Convention 72

➢ A FEW IMPORTANT DECLARATIONS AND RESOLUTIONS

RELATING TO THE RIGHT TO FOOD 73

Page | xxiii
❖ The Universal Declaration on Human Rights (1948) 73

❖ The Declaration of the Rights of the Child (1959) 73

❖ The World Food Programme (1961) 74

❖ The Universal Declaration on the Eradication of Hunger and

Malnutrition (1974) 74

❖ The Declaration on the Protection of Women and Children in

Emergency and Armed Conflicts (1974) 75

❖ The World Employment Conference (1976) 76

❖ The Declaration of Principles of the World Conference on Agrarian

Reform and Rural Development (1979) 76

❖ Code of Ethics for International Trade in Food Including Concessional

and Food Aid Transactions (1979) 77

❖ The International Conference on Nutrition (ICN) (1992)

(World Declaration on Nutrition and Plan of Action for

Nutrition 1992) 77

❖ The Rome Declaration on World Food Security (1996) 78

❖ The Plan of Action of the World Food Summit (1996) 79

❖ Millennium Development Goals and Sustainable Development Goals 80

➢ A FEW IMPORTANT REGIONAL HUMAN RIGHTS INSTRUMENTS,

TREATIES, AND CONVENTIONS RELATING TO THE RIGHT TO

FOOD 80

❖ African Charter on Human and Peoples' Rights 80

Page | xxiv
❖ Additional Protocol to the American Convention on Human Rights in

the area of Economic, Social, and Cultural Rights or “Protocol of

San Salvador” 82

❖ The African Charter on the Rights and Welfare of the Child 82

❖ The Protocol to the African Charter on Human and Peoples’ Rights on

the Rights of Women in Africa 83

➢ A FEW IMPORTANT NON-LEGALLY BINDING INSTRUMENTS

RELATING TO THE RIGHT TO FOOD 83

❖ Constitution of the Food and Agriculture Organization of the United

Nations 83

❖ Right to Food Guidelines 85

➢ A BRIEF ANALYTICAL STUDY OF THE CONSTITUTIONAL

PROTECTION OF THE RIGHT TO FOOD AROUND THE WORLD 86

➢ IMPLIED ACKNOWLEDGMENT OF THE RIGHT TO FOOD, BY

WAY OF INTERPRETATION OF OTHER HUMAN RIGHTS BY THE

JUDICIARY 114

➢ FRAMEWORK LAW RELATING TO THE RIGHT TO FOOD OR

FOOD SECURITY 117

➢ SECTOR-SPECIFIC LEGISLATION RELATING TO THE RIGHT TO

FOOD OR FOOD SECURITY 122

➢ CONCLUSION 123

Page | xxv
 CHAPTER (4):- Shaping of Right to Food as Human Right under Indian

Constitution and Legislative Enactments………………..…………125-166

➢ INTRODUCTION 126

➢ THE INDIAN CONSTITUTION AND THE RIGHT TO FOOD: AN

ANALYTICAL STUDY 130

➢ LEGISLATIVE ENACTMENTS PROTECTING THE RIGHT TO

FOOD IN INDIA: AN ANALYTICAL STUDY 134

❖ Food Corporation of India Act, 1964 134

❖ The Food Safety and Standard Act, 2006 135

❖ National Food Security Act, 2013 137

❖ The Employees Compensation Act, 1923 147

❖ The Minimum Wages Act, 1948 147

❖ The Maternity Benefit Act, 1961 148

❖ The Contract Labour (Regulation and Abolition) Act 1970 148

❖ The Payment of Gratuity Act, 1972 148

❖ The Equal Remuneration Act, 1976 149

❖ The Bonded Labour System Abolition Act, 1976 149

❖ The Child Labour (Prohibition and Regulation) Act, 1986 149

❖ The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act, 1989 150

❖ The Provisions of the Panchayats (Extension to Scheduled Areas) Act,

1996 or PESA 151

Page | xxvi
❖ The Protection of Plant Variety and Farmers’ Rights Act, 2001

(PPVFR Act) 152

❖ The Coastal Aquaculture Authority Act, 2005 153

❖ The Forest Rights Act, (FRA) 2006 155

❖ Mahatma Gandhi National Rural Employment Guarantee Act, 2005 155

❖ The Special Economic Zone Act, 2005 and The Special Economic

Zones Rules, 2006 156

➢ COMPARATIVE STUDY BETWEEN UNITED KINGDOM, UINITED

STATES OF AMERICA AND INDIA REGARDING FOOD SECURITY

ISSUES AND LAWS 158

➢ CONCLUSION 165

Page | xxvii
 CHAPTER (5):- Role of Indian Judiciary for shaping Right to Food as

Human Right………………………………..................................167-207

➢ INTRODUCTION 168

➢ A BRIEF STUDY OF THE ROLE PLAYED BY THE INDIAN JUDICIARY

IN ADDRESSING THE RIGHT TO FOOD AND FOOD SECURITY ISSUES 170

➢ CRITICAL ANALYSIS OF THE IMPACT OF THE INTERIM ORDERS

PASSED BY THE SUPREME COURT IN PUCL CASE ON FOOD-

RELATED SCHEMES 195

➢ CONCLUSION 205

Page | xxviii
 CHAPTER (6):- Right to Food as Human Right and its state of

development in India……………………………………………..208-248

➢ INTRODUCTION 209

➢ EVALUATION OF THE OUTCOMES OF THE IMPLEMENTATION OF

FOOD SECURITY RELATED SCHEMES, YOJANA, MISSIONS AND

PROGRAMMES OF THE GOVERNMENT OF INDIA 211

❖ Integrated Child Development Services (ICDS) Scheme 213

❖ Mid Day Meal Scheme 215

❖ Annapurna Scheme 218

❖ Antyodaya Anna Yojana (AAY) 219

❖ Wheat Based Nutrition Programme (WBNP) 220

❖ Rajiv Gandhi Scheme for Empowerment of Adolescent Girls (RGSEAG) 220

❖ Welfare Institutions and Hostels Scheme 220

➢ ASSESSMENT OF THE EFFECT OF THE IMPLEMENTATION OF

FARMERS AND AGRICULTURE RELATED SCHEMES, YOJANAS,

MISSIONS AND PROGRAMMES OF THE INDIAN GOVERNMENT 222

❖ Integrated Scheme of Oilseeds, Pulses, Maize and Oilpalm (ISOPOM) 222

❖ National Food Security Mission 223

❖ Rashtriya Krishi Vikas Yojana (RKVY) 224

❖ Pradhan Mantri Fasal Bima Yojana 225

➢ ANALYSIS OF THE WORKINGS OF THE VARIOUS INTERNATIONAL

ORGANIZATIONS IN ENSURING FOOD SECURITY IN INDIA 228

Page | xxix
❖ Food and Agricultural Organization (FAO) 228

❖ World Food Programme (WFP) 231

❖ International Fund for Agricultural Development (IFAD) 233

❖ World Bank Group 234

❖ UN Environment Programme (UNEP) 235

➢ CRITICAL ANALYSIS OF THE PRESENT STATE OF CONDITION OF

FOOD SECURITY PREVAILING IN INDIA 236

➢ ANALYSIS OF THE CAUSES OF FOOD INSECURITY IN INDIA 241

➢ ASSESSING AS TO WHY FOOD SECURITY IS IMPORTANT FOR A

NATION LIKE INDIA? 246

➢ CONCLUSION 248

Page | xxx
 CHAPTER (7):-Conclusion and Recommendations....................249-276

➢ INTRODUCTION 250

➢ RESEARCH FINDINGS AND ANALYSIS 250

➢ TESTING OF HYPOYHESIS 255

➢ RESEARCH LIMITATION AND SCOPE FOR FUTURE RESEARCH 263

➢ RECOMMENDATIONS AND SUGGESTIONS 264

➢ SUMMING UP 276

Page | xxxi

You might also like