Enlaces y referencias




INDICATORS

  • Non discrimination

    • 1. Article 14, 15, 16, 17 and 18 of Constitution of India

      2. Caste Disabilities Removal Act, 1850

      3. Hindu Succession Act, 1956 - Abolished the "limited owner" status of women who owned property, amended in 2004 to give daughters equal inheritance rights with sons.

      4.Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989

      Constitutional (74thAmendment) Act, 1992, brought in provisions mandating one-third reservations for women in local governance bodies. These guarantees apply to state and public institutions. The only provision that binds both the public and the private sector is Article 17 which outlaws untouchability and forbids its practice in any form.

      Part IV of the Indian Constitution enlists socio-economic and cultural rights under the title of ‘Directive Principles of State Policies’ (DPSP). While the DPSP, unlike the fundamental rights, are not enforceable, these rights are meant to guide the state while legislating and policy making.

      The Supreme Court and the High Courts under Article 32 and 226 respectively, have the power to enforce constitutional guarantees of fundamental rights. This Right to Constitutional Remedies is itself a fundamental right.

      Other than mechanisms provided under these laws, India has instituted statutory commissions to protect human rights such as the National Human Rights Commission and the National Commission for Women. These commissions have been vested with the function of inter alia monitoring and reviewing state action and making recommendations for better enforcement of human rights and women’s rights. However, theyhave their limitations. Their recommendations are not binding upon the government and they have no power to redress individual grievances and grant relief.

  • Outcomes

    • 36%

    • 7.2/10

    • 67.25%

    • Married by 15: 18%

      Married by 18: 47%

  • People’s Sovereignty over natural resources

    • Farmers can keep their own seeds. Can gift and/ or exchange them on their own volition.

      Farmers continue with their own ways of caring for and defending their seeds. For example, there is a network of seed savers at the national level which meets every year and organises caravans that distribute seeds.

    • Farmers have protested against a 2001 PVP and Farmers’ Rights Act penalising farmers’ seed exchanges. For the past 10 years, they have also stalled a Seed Bill that would penalise the local marketing of seeds by farmers and force them to register all varieties.

      Farmers have been active against the establishment of local biodiversity registers, to be set up by the government under the Biological Diversity Act of 2002.In theory, establishing a Peoples’ Biodiversity Register could be a good idea to support local communities in efforts to preserve knowledge about their local seeds and the uses of them. However, many farmers see problems with the registers, citing the focus on documenting farmers’ knowledge and their seeds without their control and on putting the use of electronic databases in the hands of ‘experts’ outside the villages.

      The Biodiversity Act also includes a controversial rule about access and benefit sharing. It says that farmers who give their seeds or the plants that they use to researchers, for further development and commercialisation, may claim payments.

    • Fungicides and Bactericides: 13055.44 k tonnes (2010)

      Herbicides: 6334.98k tonnes

      Insecticides: 20618.83k tonnes

      Insecticide usage dropped to a low of ~3200k tonnes in 2008 before rising to the current level. It was trending downward before that since the early 1990s.

      Fungicides and Bactericides: 13055.44 k tonnes (2010)

      Herbicides:6334.98k tonnes

      Insecticides: 20618.83k tonnes

      Insecticide usage dropped to a low of ~3200k tonnes in 2008 before rising to the current level.It was trending downward before that since the early 1990s.

    • Fungicides and Bactericides: 13055.44 k tonnes (2010)

      Herbicides: 6334.98k tonnes

      Insecticides: 20618.83k tonnes

      Insecticide usage dropped to a low of ~3200k tonnes in 2008 before rising to the current level. It was trending downward before that since the early 1990s.

      Fungicides and Bactericides: 13055.44 k tonnes (2010)

      Herbicides:6334.98k tonnes

      Insecticides: 20618.83k tonnes

      Insecticide usage dropped to a low of ~3200k tonnes in 2008 before rising to the current level.It was trending downward before that since the early 1990s.

  • Political Participation for the Right to Food

    Participation is one of the fundamental human rights principles, requiring that everyone has the right to participate in making decisions that affect them. In order to ensure that those most affected by violations to the right to food and nutrition participate in political processes, it is essential to have the legal and policy infrastructure within national frameworks, as well as the participatory spaces that give meaningful space for participation.

    • State Policy

      Directive principles of state policy

      Article 39: “The State shall, in particular, direct its policy towards securing—

      (a) that the citizens, men and women equally, have the right to an adequate means of livelihood.”

      Article 43: “The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life.”

      Article 47: “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.”

      Right to Food Bill: In 2011, the National Food Security Bill, 2011, popularly known as Right to Food Bill was proposed. In 2013, National Food Security Act, 2013 was passed by the Indian Parliament. The Act guarantees subsidised food to 50% of the urban population and 75% of the rural population. The proposed legislation would provide of rice, wheat and coarse grain at very low prices to “priority households” similar to Below Poverty Line families. Distribution will be through the current Public Distribution System, a government-run ration and fair price shops. http://egazette.nic.in/WriteReadData/2013/E_29_2013_429.pdf

      Regarding India, the Special Rapporteur has commented:

      "India provides one of the best examples in the world in terms of the justiciability of the right to food. The Constitution of India prohibits discrimination and recognizes all human rights. The right to life is recognized as a directly justiciable fundamental right (art. 21), while the right to food is defined as a directive principle of State policy (art. 47). As it has interpreted these provisions, the Supreme Court of India has found that the Government has a constitutional obligation to take steps to fight hunger and extreme poverty and to ensure a life with dignity for all individuals."

       

    • The Constitution of the Republic of India has directive principles that contribute to the realization of the right to adequate food.

      The Republic of India has become a State party to the International Covenant on Economic, Social and Cultural Rights in 1979 by way of accession.

      YES.

      The National Food Security Act, 2013 (NFSA 2013) converts into legal entitlements for existing food security programmes of the Government of India. It includes the Midday Meal Scheme, Integrated Child Development Services scheme and the Public Distribution System. Further, the NFSA 2013 recognizes maternity entitlements. The Midday Meal Scheme and the Integrated Child Development Services Scheme are universal in nature whereas the PDS will reach about two-thirds of the population (75% in rural areas and 50% in urban areas).

      Under the provisions of the bill, beneficiaries of the Public Distribution System (or, PDS) are entitled to 5 kilograms (11 lb) per person per month of cereals at the following prices:

      • Rice at ₹3 (4.5¢ US) per kg
      • Wheat at ₹2 (3.0¢ US) per kg
      • Coarse grains (millet) at ₹1 (1.5¢ US) per kg.

      Pregnant women, lactating mothers, and certain categories of children are eligible for daily free cereals.

      Ministry of Agriculture's Commission on Agricultural Costs and Prices (CACP) has referred to the Bill as the "biggest ever experiment in the world for distributing highly subsidized food by any government through a ‘rights based’ approach. The Commission concluded that the total bill for implementation of the Bill "....may touch an expenditure of anywhere between Rs 125,000 to 150,000 crores," i.e., 1.25 to 1.5 trillion rupees.

      The existing Antyodaya Anna Yojana (AAY) households, which constitute the poorest of the poor, will continue to receive 35 Kgs of foodgrains per household per month.

      The Act also has a special focus on the nutritional support to women and children. Besides meal to pregnant women and lactating mothers during pregnancy and six months after the child birth, such women will also be entitled to receive maternity benefit of not less than Rs. 6,000. Children upto 14 years of age will be entitled to nutritious meals as per the prescribed nutritional standards. In case of non-supply of entitled foodgrains or meals, the beneficiaries will receive food security allowance. The Act also contains provisions for setting up of grievance redressal mechanism at the District and State levels. Separate provisions have also been made in the Act for ensuring transparency and accountability.

      Status of implementation of the Act

      32 States/UTs, namely Andhra Pradesh, Assam, Bihar, Chandigarh, Chhatisgarh, Daman & Diu, Delhi, Goa, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Lakshadweep, Madhya Pradesh, Maharashtra, Odisha, Puducherry, Punjab, Rajasthan, Sikkim, Telangana, Tripura, Uttarakhand, West Bengal, Uttar Pradesh, Meghalaya, Jammu & Kashmir Andaman & Nicobar, Mizoram, Dadra & Nagar Haveli, Gujarat and Arunachal Pradesh are implementing the Act at present. Out of these, Chandigarh and Puducherry are implementing the Act in DBT mode i.e. they are providing direct cash transfer of food subsidy to the beneficiaries.[1]

      [1] http://dfpd.nic.in/nfsa-act.htm