NEW LAW COLLEGE BVDU PUNE

INTERNATIONAL HUMAN RIGHTS ASSIGNMENT

(Reflection Paper)
The Impact of Food Insecurity on Human Rights

SUBMITTED BY :
Sailee Naik
B.A.LL.B. 1st year
Section: A
SUBMITTED TO :
Roll no.: 17
Harshad Sir
Abstract: Impact of Food Insecurity on Human
Rights

This paper explores how food insecurity affects human rights in India,. It starts
by reviewing its causes and consequences, the historical development of food
insecurity, tracing its evolution over time. Additionally, it discusses the efforts of
both international and regional organizations in addressing this issue and
elaborates on their roles. By analyzing the current situation in India, including
relevant data, the paper underscores the severity of the problem today.

Furthermore, the paper includes personal reflections on how food insecurity

impacts human rights, combining broader global discussions with individual
viewpoints. Finally, the conclusion emphasizes the urgent need for action to
reduce food insecurity and protect human rights for all in India and abroad.

Introduction:
Food insecurity, an ever-present issue in India,poses a significant threat to the
fundamental rights of individuals, irrespective of their background or identity. It
goes beyond geographical boundaries, affecting millions across the nation.
Food insecurity is characterized by the chronic inability to access sufficient,
nutritious food, leaving many unsure of where their next meal will come from.

United Nations Food and Agriculture Organization (FAO) defines it as "when

people lack secure access to sufficient amounts of safe and nutritious food for
normal growth and development and an active and healthy life", while
celebrated Indian economist and Nobel laureate defined it as "the inability to
secure adequate food due to constraints such as poverty, social exclusion, or
political instability".

In 2020 alone, according to a report by the U.N an alarming 828 million

people worldwide struggled with food insecurity while 195 were in India
alone, highlighting the severity of the problem. This uncertainty is not a mere
inconvenience but also a grave violation of human rights. While food insecurity
itself may not always result in immediate hunger, its repercussions are deeply
felt throughout countries, undermining the very foundation of the
global community.
Causes
For many such individuals , the struggle to secure sufficient food is a daily
battle against poverty, conflict, and environmental challenges.
Natural disasters:
such as floods and droughts, disrupt food production and worsen existing
vulnerabilities.
• Conflict and displacement:
further worsen the issue, uprooting whole families and disrupting the food
supply chains. The pollution caused by waging wars & bombing the
countryside spares no land for agriculture.
• Economic inequalities:
worsen food insecurity, with the poorest individuals spending a significant
portion of their income on food. Any increase in food prices forces them to
make difficult choices, often resulting in them sacrificing nutrition for mere
sustainance.

Consequences
1. Increased vulnerability to diseases:
Lack of access to nutritious food weakens the immune system, making
individuals more susceptible to diseases such as malnutrition-related illnesses,
infections, and chronic conditions like diabetes and hypertension.

2. Hindered Overall Growth and Development:

Inadequate nutrition during critical growing stages hampers with physical,
cognitive, and emotional development, leading to developmental delays and
long-term health implications.
- Example: Children suffering from chronic malnutrition due to food insecurity
may experience delays in reaching developmental milestones, such as walking
and talking, impacting their overall development in the future.

3. Inter-generational Transmission of Poverty:

Children growing up in food-insecure households are more likely to
experience stunted growth, cognitive impairments, and educational deficits,
passing on the cycle of poverty from one generation to the next.
- Example: Research conducted in rural areas of India revealed that children
born to malnourished mothers were more likely to experience undernutrition
and poverty in adulthood, highlighting the inter-generational transmission of
food insecurity and poverty.
History
Food insecurity has been a persistent challenge throughout human
history, dating back to prehistoric times when early hunter-gatherer
societies, when food was scarce due to things like changes in
weather and limited hunting options.
As people started farming, things got better in some ways. They built
irrigation systems to water their crops and figured out how to grow
more food. This allowed communities to grow bigger and have
thriving towns and cities. But even then food insecurity remained a
concern, as evidenced by historical records of famines, crop failures,
and social inequalities in access to food.

Examples of such famines-

1. The Late Antique Little Ice Age Famine, which occurred from 536 to
550 AD,
The famine was triggered by a series of climatic anomalies, including
volcanic eruptions, atmospheric disturbances, and a period of global
cooling. These environmental factors led to crop failures, disrupted
agricultural production, and food shortages across various regions of
Europe, Asia, and Africa.
Vulnerable populations faced hunger, malnutrition, and increased
mortality rates.

2. The Famine of 1346-1351, also known as the Great Famine or the

Black Death Famine, was a severe food crisis that coincided with the
Black
Death pandemic in Europe. Adverse weather conditions, crop failures,
and disruptions in agricultural production exacerbated food shortages,
leading to widespread hunger and malnutrition. The famine
compounded the devastation caused by the Black Death, resulting in
social unrest, economic decline, and lasting demographic changes in
medieval society.
3. The Bengal Famine of 1943, also known as the Great Bengal
Famine, was caused by, flooding, and a fungal infection known as
"brown spot" disease, which devastated rice crops, the staple food of
Bengal.
British colonial policies, such as prioritizing the transportation of food
grains to British troops and allied forces,worsened the crisis.This
resulted in the deaths of an estimated 2 to 3 million people due to
starvation, malnutrition, and related diseases.
The famine resulted in a massive loss of life, constituting a violation
of the right to life enshrined in international human rights law.
The famine underscored the urgent need for effective policies and
interventions to address food insecurity and protect the rights and
dignity of vulnerable populations.

4. The Chinese Famine of 1959-1961 was one of the deadliest

famines in history, causing an estimated 15 to 45 million excess
deaths. It led to widespread social upheaval, with mass migrations
and disruptions in traditional social structures. The economy suffered
as agricultural productivity dropped and industries struggled with labor
shortages. Food insecurity was severe, with millions lacking access to
enough nutritious food, worsened by government policies like food
rationing and communal dining. Vulnerable groups, including rural
poor and ethnic minorities, suffered the most. The famine violated
basic human rights, especially the right to food and life, denying
millions enough food to survive. Repression and censorship by the
Chinese government worsened human rights abuses, silencing
dissent and hiding the true extent of the famine. The Chinese Famine
highlights the need to protect human rights, such as the right to food
and freedom of expression, to prevent similar tragedies in the future.
International Protection
Mechanisms
1. UDHR Universal Declaration of Human Rights
Although the UDHR does not directly mention the right to food, it
establishes a comprehensive framework of rights closely connected
to food security and nutrition.

• Right to Life (Article 3) The UDHR recognizes the right to life as a

fundamental human right. Food insecurity can directly threaten this
right by denying individuals access to sufficient nutrition, leading to
malnutrition, starvation, and ultimately, loss of life.

• Right to Health (Article 25) Access to adequate nutrition is vital for

maintaining good health and well-being. Food insecurity can worsen
health disparities, increase the risk of malnutrition-related diseases,
and hinder individuals' ability to enjoy the highest attainable standard
of physical and mental health, as guaranteed by Article 25 of the
UDHR.

2. The World Food Programme (WFP) plays a crucial role in

addressing food insecurity and its impact on human rights
through various initiatives:

• Emergency Response :
WFP swiftly assists during crises like conflicts, natural disasters, and
pandemics, where food insecurity worsens. By providing food aid and
essential to the affected people
WFP reduces extreme hunger and ensures access to food,
safeguarding the right to food and vulnerable communities.

• Nutrition Programs:
WFP implements programs to fight malnutrition, especially among
children, pregnant women, and nursing mothers. Malnutrition harms
health and violates the right to life and health. WFP addresses
malnutrition through feeding programs and educating people about
nutrition.

• School Feeding Programs:

WFP provides nutritious meals to school going children, particularly in
areas with food shortages. These programs not only alleviate hunger
and malnutrition but also promote school attendance as parents think
children will
atleast get a free meal by attending school. By ensuring children have
regular meals, WFP supports their well-being, education, and future
opportunities.

3. The Food and Agriculture Organization (FAO) of the United Nations

plays a big role in dealing with food insecurity and its impact on
human rights.
• Food Security:
FAO's main goal is to make sure everyone has enough food. It helps
countries grow food sustainably, improve how food is distributed, and
prepare for things like climate change and disasters. FAO also
supports ways to make sure everyone gets the right nutrition from
their food.
• Right to Food
FAO believes that everyone should have the right to food, just like
how it's said in important human rights documents. They work with
countries to make sure their policies and actions follow this idea,
treating everyone fairly and making sure everyone can get the food
they need.

• Data and Analysis: FAO collects information about food—how much

is made, who gets to eat it, and if people have enough. This helps
them understand who needs help and what kind of help they need, so
they can make better decisions.

•Policy and Advocacy:

FAO helps countries make plans and laws to make sure everyone can
get enough food. They also talk to governments and other groups to
raise
awareness about food insecurity and push for better ways to solve it.

• Capacity Building:
FAO helps countries get better at growing food, dealing with problems
like bad weather or disasters, and making sure everyone has access
to food. They teach farmers and others how to make food systems
that work well and treat everyone fairly.
Regional Protection Mechanisms

1. SAARC:
The South Asian Association for Regional Cooperation (SAARC) has
several measures in place to tackle food insecurity and its impact on
human rights across the South Asian region. Here are some key
aspects:

• SAARC Food Bank:

Started in 1987, the SAARC Food Bank aims to boost food security
and handle food shortages during emergencies. Member countries
contribute by keeping reserves of staple food items. These reserves
are tapped into during crises to ensure
everyone has enough to eat and prevent hunger.

• SAARC Food Security Reserve:

This reserve helps address food shortages and emergencies by
maintaining a stockpile of essential food items. Member nations pitch
in through voluntary contributions. The reserve is then used during
food crises to provide timely help to affected communities.

• SAARC Food Security Programme**:

This program focuses on improving food security and agricultural
development. It offers capacity-building, knowledge sharing, and
technical assistance to enhance food production and ensure
everyone has access to nutritious food.

• SAARC Cooperation in Agriculture:

SAARC encourages collaboration among member states to address
challenges related, like the SAARC Agriculture Centre (SAC)
facilitate research, technology transfer, and capacity-building to
improve agricultural productivity and resilience.
2. The National Human Rights Commission (NHRC) of India plays a
crucial role in addressing food insecurity and its impact on human
rights within the
country.

• Monitoring and Investigation:

NHRC keeps an eye on and investigates incidents of food insecurity,
including cases of starvation deaths, malnutrition, and denial of
access to food. It conducts inquiries, visits affected areas, and
interacts with stakeholders to assess the situation and identify
violations of human rights, particularly the right to food.

• Public Awareness and Advocacy:

NHRC raises public awareness about the right to food and advocates
for policies and interventions to address food insecurity. It conducts
campaigns, workshops, and seminars to make people aware about
their rights and the government's obligations to ensure access to
adequate and nutritious food for all citizens of india.

• Policy Recommendations:
NHRC provides recommendations to the government and
policymakers on measures to improve food security and address the
underlying causes of hunger and malnutrition. It calls for the
implementation of various effective food distribution systems, social
safety nets, and poverty
alleviation programs to reduce food insecurity and promote human
rights.

• Legal Interventions:
NHRC intervenes in legal cases related to food insecurity and human
rights violations, including petitions filed by individuals or
organizations seeking redressal for violations of the right to food. It
provides legal assistance, facilitates access to justice, and ensures
that victims of food insecurity receive appropriate remedies and
compensation.

• Capacity Building:
 NHRC builds the capacity of government agencies, civil society
organizations, and other stakeholders to address food insecurity and
protect human rights. It conducts training programs, workshops, and
seminars on human rights-based approaches to food security,
empowering participants to advocate for policy changes and ensure
accountability.

2. FCI
The concerned agency, such as the Food Corporation of India (FCI),
plays a vital role in managing the Public Distribution System (PDS)
and ensuring its effective implementation. Here's an
overview of their role and the current situation:

•Role :
The Food Corporation of India (FCI) is responsible for procuring,
storing, and distributing food grains under the PDS. It oversees the
procurement of grains from farmers, maintains buffer stocks,
transports grains to various distribution centers, and coordinates with
state governments for the distribution of subsidized food grains to
eligible beneficiaries.

• Current Situation:
The PDS faces various challenges, including leakages, inefficiencies,
and inadequate coverage. Despite efforts to improve transparency
and accountability, leakages and diversion of food grains continue to
occur, leading to exclusion of deserving beneficiaries and food
insecurity among vulnerable populations.

• Reforms and Initiatives:

To address these challenges, the government has initiated reforms
such as the implementation of Aadhaar-based biometric
authentication, digitization of beneficiary lists, and the introduction of
technology-driven solutions for procurement,
storage, and distribution. These efforts aim to enhance transparency,
reduce leakages, and improve targeting to ensure that subsidized
food grains reach the intended beneficiaries.

•COVID-19 Pandemic Response:

During the COVID-19 pandemic, the PDS played a crucial role in
providing food relief to vulnerable populations affected by lockdowns
and economic disruptions. The government expanded the coverage
of the PDS and introduced additional food grains under the Pradhan
Mantri Garib Kalyan Anna Yojana (PMGKAY) to ensure access to
food for all during the crisis.

Case study
The Midday Meal Scheme:

is a flagship program of the Government of India aimed at improving

the nutritional status of school children and promoting universal
access to education.

• Implementation: The scheme is implemented by the Ministry of

Education in collaboration with state governments and union
territories. Meals are
typically provided to students in government and government-aided
schools, as well as certain education centers, such as madrasas and
anganwadi centers.

• Coverage: The Midday Meal Scheme covers children studying in

primary and upper primary classes (typically from class 1 to 8). It
reaches millions of children across the country, particularly those from
disadvantaged backgrounds, rural areas, and marginalized
communities who may lack access to adequate nutrition at home.

• Nutritional Content: The meals provided under the scheme are

designed to meet a certain nutritional standard, ensuring that children
receive a balanced diet rich in essential nutrients such as proteins,
carbohydrates, vitamins, and minerals. Common items included in the
meals are rice, lentils, vegetables, eggs, milk, and fruits, depending
on regional preferences and availability.

The Midday Meal Scheme offers several benefits, including improved

nutritional intake, reduced hunger and malnutrition, better health
outcomes, increased school enrollment and attendance, enhanced
concentration and learning
abilities, and empowerment of marginalized communities, particularly
girls.

• Social Impact: Beyond its educational and nutritional objectives, the

scheme has broader social impacts. It helps in reducing poverty by
relieving families of the financial burden of providing daily meals to
their children.

• Challenges and Reforms:Despite its significant contributions, the

Midday Meal Scheme faces challenges such as inadequate
infrastructure, supply chain issues, quality control, and instances of
corruption and mismanagement. Efforts have been made to address
these challenges through reforms aimed at improving monitoring
mechanisms, enhancing transparency, and ensuring the quality and
safety of meals.

Overall, the Midday Meal Scheme is a crucial intervention in India's

social welfare landscape, playing a vital role in promoting child
welfare, education, and nutrition. By providing nutritious meals to
school children, the scheme contributes to building a healthier, more
educated, and prosperous future generation.
By addressing hunger and malnutrition, the scheme in
aims to improve the overall health and well-being of students, thereby
contributing to enhancement in overall enrollment, retention,
sttendance & better learning outcomes and academic performance.
My Reflection on the issue

Reflecting on the data presented on food insecurity and its impact on

human rights in India, I am deeply troubled by the scale of the
problem and its widespread consequences. From a legal perspective,
food insecurity represents an extreme violation of fundamental human
rights, including the right to food, which is recognized an essential
part of the fundamental right to life and the right to a good life.
The eye opening statistics revealed to show that 195 million people in
India struggle with food insecurity highlighting the urgent need for
action to address this pressing issue.

Studying about food insecurity and the laws related to it, I realize that
even though there are international and national laws safeguarding
the right to food, millions of individuals continue to suffer from hunger
and malnutrition. This gap between legal principles and lived realities
highlights the need for legal advocacy and reform to bridge the gap
between law and practice.

Watching a documentary depicting children suffering from malnutrition

in Nigeria stirred a range of motions within me. At first, I was taken
shocked by the harshness of their living condition . Seeing those
innocent children, frail and weak due to lack of food, made me
immensely sad.

I couldn’t help but feel anger and frustration. It was hard to believe
that such suffering could exist in a world where food is so abundant
where 1.3 billion tons of food are wasted every year some while
others go hungry. The injustice disturbed me mentally and
emotionally.
Despite this the resilience shown by the children and their families
motivated me to complete my project, it ignited a sense of passion
and gratitude in me to work for the betterment of the less privileged.
Watching the documentary opened my eyes to the uncomfortable
truths and take action to bring about positive change.

As I ponder upon the causes of food insecurity, including natural

disasters, conflict, and economic disparities, I am reminded of the
complex factors at play. The vicious cyclical nature of poverty further
increased by food insecurity underscores the systemic challenges
that must be tackled.

The historical context provided sheds light on the enduring nature of

food insecurity and how it has troubled generations throughout human
history. From ancient civilizations to modern times, famines and crop
failures have plagued societies, resulting in widespread suffering.
These historical happenings serve as reminders of the urgent need to
address the problem of food insecurity and advocate for effective
implementation of interventions to prevent similar tragedies in the
future.

International and regional mechanisms outlined in the data offer hope

in addressing food insecurity. Organizations like the World Food
Programme and the South Asian Association for Regional
Cooperation have played vital roles in providing due
assistance and implementing measures to ensure food security.
However, it is clear that more efforts are needed to tackle the root
causes of food insecurity and protect human rights.
The case studies on government-led interventions such as the
Midday Meal Scheme and the Public Distribution System highlight the
importance of targeted initiatives in addressing food insecurity at the
grassroots level. These programs not only provide immediate relief
but also contribute to long-term solutions by promoting education,
nutrition, and overall well-being.

While researching this topic, I came across the video of a boy who
has thankful to the government, his parents daily wage earners who
wanted for atleast their only son to get an education and uplift them
from poverty, the midday meal scheme empowered his family, this
deeply touched me and reminded me of the fact that what would be
just data or statistics for us is the reality for him and the
consequences of one effective after effects of good policies on the
well being of the community. All it takes is 1 good policy to change a
life. The boy will be forever grateful.

Policymakers must consider various aspects of food production,

distribution, and consumption to develop effective legal frameworks
that address the multifaceted nature of food insecurity while
promoting the well-being of individuals and communities.

Furthermore, it is necessary to prioritize the needs of marginalized

community groups including women, children, indigenous
communities, and rural populations, who are disproportionately
affected by food insecurity. Empowering these communities is
essential for ensuring a lasting impact.

As citizens of the world community, we can also contribute to

addressing food insecurity through advocacy, by raising awareness,
supporting grassroots initiatives, and making informed choices about
the food we consume, we can all play a role in creating a more just,
equitable and sustainable food system.
Conclusion
Recognizing the need for comprehensive legal frameworks, it
becomes evident that addressing food insecurity necessitates an
approach that goes beyond mere access to food. This means
integrating concerns from agricultural policy, food safety standards,
and environmental sustainability into legal paradigms.

As future lawyers, it is our responsibility to advocate

for the rights of those affected by food insecurity and to contribute to
the development and implementation of laws and policies that
prioritize food security and uphold human rights.

By working together, we can build a future where food insecurity is

eradicated, and the undeniable right to food of every individual are
respected and upheld so that no individual goes to bed hungry.
References;

Clay, Ed, The Development Effectiveness of Food Aid, OECD, Paris,

United Nations Subcommittee on Nutrition, Estimates of the

External Flows related to Nutrition. Geneva, UN Administrative
Committee on
Co-ordination, 1995.

Amartya Sen , "Ingredients of famine analysis : Availability and

Entitlements",

Bassinello, Thais , Food Security and Capabilities Approach: from

theory
to practice, FAO, Food Security and Nutrition Forum,

FAO, (1983), Director's General Report on World Food Security: A

Reappraisal
of the concepts and approaches; Committee on Food Security,