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LATEST NEWS UPDATES | What are the lessons learnt from the Right to Food case? -Apurva Vishwanath

What are the lessons learnt from the Right to Food case? -Apurva Vishwanath

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published Published on Mar 22, 2017   modified Modified on Mar 22, 2017
-Livemint.com

Lessons learnt from the Right to Food case can be applied for other social issues that end up at the Supreme Court’s doorstep every day

New Delhi:
In 2001, 47 tribals and Dalits were starved to death in south-eastern Rajasthan as the state reeled from its third consecutive year of drought. The tragedy occurred despite India’s warehouses were brimming with an excess of around 40 million tonnes of foodgrains that year.

Weeks later, the Right to Food Campaign, a civil society network of activists and organizations, moved the apex court to secure food security for Indians. The case—People’s Union for Civil Liberties v Union of India (popularly known as the Right to Food case)—sought to transform the government’s policy choices on food into enforceable rights for the citizens.

“We direct all the state governments to forthwith lift the entire allotment of food grains from the Central government under the various schemes and disburse the same in accordance with the schemes,” the apex court said in an order after the first hearing.

On 10 February, 17 years after the first judicial intervention, the apex court unceremoniously ended the case.

“In view of the passage of the National Food Security Act, 2013, nothing further survives in this petition. In case the petitioner has any grievance with regard to the implementation or otherwise of the National Food Security act, 2013, he may file a fresh petition,” a bench headed by justice Madan B. Lokur said in the order disposing off the case.

“Globally, it is the most cited case on right to food and even judicial activism. It is a disappointment that the case ended without a last order stating access to food is a fundamental right in as many words,” said Biraj Patnaik, principal adviser to the Supreme Court commissioners.

A government official involved in the case, on condition of anonymity, said that the court was convinced that the National Food Security Act must be given a chance. “The government was able to convince the court that the legislation can take over and function without constant judicial supervision.”

It is debatable whether the case which issued the longest continuing mandamuses—a legal writ where the court orders a person or entity to do something—in the world on the Right to Food campaign should have been disposed with.

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Livemint.com, 20 March, 2017, http://www.livemint.com/Politics/IEBWhfvkvPCaQW6xky5TjO/What-are-the-lessons-learnt-from-the-Right-to-Food-case.html


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