LL.M. Student at Amity Law School, Lucknow, India
The debate on 'Right to Food' in India has evolved from various International Covenants of which India is a signatory. Article 25(1) of the United Nations Declaration of Human Rights (UDHR) states that ''everyone has the right to a standard of living adequate for the health and well-being of himself and his family including food, clothing, and housing..''. The International Covenant on Economic, Social and Cultural Rights (ICESCR) also recognizes right to food as a basic human right . Other International instruments such as the Food and Agricultural Organisation (FAO) has declared that ''ensuring humanity’s freedom from hunger'' is one of its basic purposes. The overspread of constitutional provisions in respect of 'Right to Food' is contained in Part III and Part IV of the Constitution of India. While some are very general in nature, others are very specific. Art. 39(f) ordains that the children be given opportunities and facilities to develop in a healthy manner. Article 21 which entitles the protection of life and personal liberty except according to procedure established by law in its expanded meaning includes the right to food and finally, Article 47 which is part of the Directive Principles of State policy states that ''The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties..''. While such directive is not enforceable in a court of law, care should be taken not to take it lightly as it is a cornerstone on which our constitution is founded and is aimed towards the socio-economic upliftment of the people. This paper reviews the role of International Conventions and other their relation with an article 21 of our constitution in eradicating hunger death especially in children scenario.
Research Paper
International Journal of Law Management and Humanities, Volume 5, Issue 3, Page 153 - 160
DOI: https://doij.org/10.10000/IJLMH.113040This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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