Access to justice and the right to food: the way forward 2015, para. 21
Paragraph- Paragraph text
- The constitutional jurisprudence of India provides for the justiciability of economic, social and cultural rights based on "the right to life". This constitutional right was central to the case of People's Union for Civil Liberties ("PUCL") v. Union of India. In mid-2001, public food and employment programmes failed to provide food to deprived people in the impoverished and drought-stricken State of Rajasthan. The Supreme Court of India was petitioned by PUCL to compel the Government to respond to the hunger emergency. In response to the submissions, the Supreme Court held that the right to food was enshrined in the Constitution under the right to life provision in article 47, which requires that the State undertake measures to improve the nutritional state of the population. The Court handed down a series of resolutions which commenced in 2001 requiring State governments in India to implement food distribution programmes for the most disadvantaged. The Court's resolution had a considerable impact on the realization of the right to food in India, and provides an example of the influential role played by the judiciary in encouraging a legislative body to develop human rights legislation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Poverty
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Other
- Reference
- SR Food, Report to the HRC (2015), A/HRC/28/65, para. 21.
- Paragraph number
- 21
sorted by
Date added
82 relationships, 82 entities