A Decade of the Food Security Law in India: Reflections and Way forward – A Two-Day Consultation by Centre for Child and the Law

CCL is hosting a two-day national consultation titled “A Decade of the Food Security Law in India: Reflections and Way forward” on 20th and 21st September 2023 at the Training Centre, NLSIU campus, Bengaluru. Commemorating the significance of a decade since the enactment of the food security law in India, this consultation seeks to reflect on the journey that effectively translated benefits into entitlements. Furthermore, it seeks to provide a platform to discuss a plethora of issues beyond the scope of the legislation, that are necessary to achieve food security in a holistic, equitable and sustainable manner. This consultation envisages a platform to host six technical sessions across a wide spectrum of themes including food systems, water, climate change and governance.

The two day consultation is expected to throw light on a plethora of avenues at legal, policy, institutional and implementation levels, to strengthen food security in India. These discussions will be pivotal in deriving solutions and practices to strengthen the implementation of the legislation. Insights from this discussion will factor into a larger discourse on achieving food and nutrition security in the country.

Background 

In it’s 77th year of independence, India is at the cusp of achieving incredible progress and scaling great heights economically, technologically and demographically. Yet, nutrition and health indicators remain a grave concern. As per the global hunger index 2022, India has the highest number of children with wasting (19.3%). Although stunting and underweight rates have reduced, anaemia in women (at 53%) aged 15-49 years is perhaps among the countries with highest prevalence.

India has to it’s credit a wide array of policies, programmes and plans that were aimed at combating the challenges associated with malnutrition and children. The National Food Security Act (NFSA) , 2013 was one such milestone that laid the foundation for a rights based approach for food and nutrition security in India. Enacted on 5th July 2013, the Act emerged as a beacon of hope for lakhs of people belonging to vulnerable communities, children, pregnant women and lactating mothers who were largely dependent on state-funded provisioning of grains and supplementary nutrition to overcome the ordeals associated with food and nutrient shortages. As of today, with a budget allocation of approximately Rs. 2,40,876 crores (for 2022-2023), across four crucial schemes-Targeted Public Distribution System  (TPDS), Integrated Child Development Services (ICDS), Mid-day Meal Scheme (MDMS) and Maternity Benefit Schemes (MBS), the NFSA, 2013 facilitates the realization of right to food and nutrition security for 92 crore rights holders in the country.

Ten years since the enactment of the legislation, challenges continue to persist. Poor coverage of eligible right holders, disrupted supply chains, poor quality of entitlements, lack of nutrient cultural diversity, poor governance and lack of awareness are some of the challenges that impede the effective realization of the objectives envisaged in the legislation. That apart, a wide array of challenges have emerged in the context of climate change, evolving food systems and depleting resources.

Technical Sessions:

Technical session 1: Food security and the Indian Constitution

Brief: The food security law in India is deeply governed by the principles laid down in the constitution of India. Although the right to food is not explicitly mentioned, Article 21-Right to life and personal liberty clearly recognises the role of the State to facilitate the realization of the right to food for all. This technical session aims at revisiting the foundational principles of the constitution, role of the judiciary and significance of the normative and legal frameworks in protecting the right to food of the marginalized and vulnerable sections of the society. This session will be moderated by Dr. Sarau Thomas, faculty of Law, NLSIU and will facilitate insights from three key speakers-Prof. Babu Mathew, Faculty of Law, NLSIU, Mr. Sachin Jain, VIKAS SAMVAD and Adv. Rajendran, Former member-Kerala State Food Commission.

Technical session 2: A Rights Based Approach to Achieving Food Security in India

Brief: The enactment of the National Food Security Act, 2013 in India was a watershed moment, marking a significant transition from a welfare based to a rights based approach. The realization of food security must be rooted in the recognition of components-accessibility, adequacy, availability, stability and sustainability, and principles-participation, accountability, non-discrimination, transparency, human dignity, empowerment and rule of law (also known as PANTHER principles). This session aims to capture how a rights based approach can be leveraged to ensure food security for all. This session will be moderated by Mr. K. Thirumal Reddy, Former Chairperson Telangana State Food Commission. The speakers for this first half of this session are Shri. Haldhar Mahto, Social Audit Unit, Jharkhand and Shri. Gurjeet Singh, Mission Manager National Resource cell for social audit. The second half of the session will facilitate insights from Ms. Kavita Srivastava (PUCL) and Ms. Aysha Khan (Right to Food Campaign) and will be moderated by Dr. Ujjaini Halim, IMSE

Technical session 3: Nutrition-Vulnerabilities, Barriers and Opportunities

Brief: The access and utilization of nutritious food by an individual is largely determined by household factors such as income, gender, distribution of resources and prioritization and control of expenses. This session is aimed at highlighting some of the challenges and barriers that impede access to adequate nutrients in vulnerable groups. This session will entail discussions on how responses can be devised at policy, institutional and implementation channels. This session will be moderated by Ms. Sasmita Jena, Welthungerhilfe. The speakers for this session are Dr. Sudeshna Sengupta (independent researcher) , Ms. Anuradha Talwar (Paschim Banga Cha Majdoor Samiti, RTF Campaign, West Bengal), and Mr. Nagesh Hegde (senior journalist).

Technical session 4: Safe and Nutritious food

Brief: Access to safe and nutritious food has emerged as a key concern in the global scenario, given the challenges associated with food production, processing, storage and distribution systems. This session aims at facilitating critical discussions on poor nutritional and health indicators in children and women in the backdrop of riveting political, economical, environmental and systemic changes including recent food fortification and policy on genetically modified crops. This session will be moderated by Ms. Jyotsna Sripada, Research Associate, Centre for Child and the Law and the speakers for this session are Dr. Veena Shatrugna, Former Deputy Director, National Institute of Nutrition, Dr. M. S Tara, Former regional director, NIPCCD and Dr. Mallesh Kariyappa, Professor and Head, Department of Paediatrics, Vani Vilas Hospital.

Technical session 5: Political Economy of Food Security 

Brief: The political economy landscape of any country determines the political will to prioritize food security, while ensuring a feasible, sustained and operational funding mechanism. Given the trends associated with funding of major food and agricultural programmes in the country, budget allocations for various domains responsible for achieving food security including agriculture and nutrition programmes will be examined as part of this session. This session will be moderated by Dr. Neetu Sharma, Centre Coordinator and Programme Head, Centre for Child and the Law and the speakers for this session are Prof R Ramakumar, TISS, Mumbai, Mr. Madhusudan, Centre for Budget and Policy Studies, Bangalore and Mr. Nesar Ahmad, Budget Analysis Research Centre, Jaipur.

Technical session 6: Environment and it’s impact on food security

Brief:  The changing environment has a direct implication on the availability, accessibility, adequacy and stability of food production. This session on impact of environment seeks to highlight some of the concerns associated with environmental degradation and it’s impact on food systems. This session will be moderated by Ms. Bhargavi S Rao, Researcher and Senior Trustee, Environment Support Group. The speakers for this session will be Dr. Sairam Bhat, Professor of Law and Centre Coordinator, Centre for Environmental Law Education, Research and Advocacy (CEERA) and Mr. Leo Saldanha, Environment Support Group.

About Centre for Child and the Law

The Centre for Child and the Law (CCL) was established as a specialized research multi-disciplinary centre of the National Law School of India University, Bangalore, on 1st April 1996. CCL NLSIU strives to contribute to a world where all children live with dignity, achieving their full potential. The Centre adopts a child centric society in which the State is accountable to children, empowers communities, especially marginalized children, to claim and realize their rights. It also focuses on inter-disciplinary policy research, legal reform, systemic reform, advocacy and lobbying with Central/State governments to ensure accountability for effective realization of child rights. The three prominent programmes are Food Security, Child Protection and Education.

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Faculty Seminar | SEBI’s Sandbox

Prof. Rahul Singh will present his paper “SEBI’s Sandbox” at the Faculty Seminar on Wednesday, September 20, 2023.

Abstract:

The paper captioned as ‘Sebi’s Sandbox’ posits that in the backdrop of a legacy of under-enforcement of directors’ duties (and auditors’ liability) in India, Sebi has embarked on their enforcement through its statutory instruments. This enforcement is innovative and has the characteristics of a ‘regulatory sandbox’.

The paper has descriptive and prescriptive aims. Descriptively, the paper seeks what Jolls, Sunstein and Thaler have, in a different context, said ‘a higher R square — that is, greater power to explain the observed data’. Prescriptively, the paper outlines certain internal and external challenges that the observed behavior is likely to face in the future.

Please note, this paper is a working draft and therefore, cannot be shared externally.

 

Faculty Seminar | The Dynamics of Doctor-patient Relationship in Elective Aesthetic Medicine

In this week’s faculty seminar, Dr. Madhubanti Sadhya will be presenting her paper titled “The Dynamics of Doctor-patient Relationship in Elective Aesthetic Medicine” on Wednesday, September 13, 2023. Prof. Mrinal Satish will be the discussant.

Abstract:

Cosmetic surgeries diverge from the principles of medical paternalism that have traditionally governed the interactions between doctors and patients in therapeutic medicine. In this paper, an attempt is made to categorize the relationship shared by individuals opting for elective cosmetic procedure with their cosmetic surgeons within the framework of four prominent doctor-patient relationship models. These relational dynamics have significant medico-legal implications, particularly concerning informed consent and the determination of cases of medical negligence. An evaluation of the four models and a review of judicial decisions that have influenced the development of the informed consent doctrine reveals that the relation between cosmetic surgeons and persons undergoing cosmetic procedures resides at the intersection of the patient autonomy model, the consumerist model, and the shared decision-making model.  However, considering the unique nature of this medical sub-specialty, there is a case for the state to assume a paternalistic stance by imposing  rigorous disclosure and consent standards on medical professions offering these procedures.

Public Lecture | “Contested Terrain – Lawyering for Forest Rights”

The Archives at NCBS and the QAMRA Archival Project, NLSIU, are organising a public lecture on the topic “Contested Terrain – Lawyering for Forest Rights” by Shomona Khanna, an advocate practicing in the Supreme Court of India and Delhi High Court, on September 15, 2023. The lecture will take place at the Alternative Law Forum, Bengaluru and will be followed by a conversation with NLS faculty member Radhika Chitkara.

Abstract

In the context of ongoing legislative upheavals relating to forest conservation and environmental protection, this talk brings attention to struggles for recognition of forest rights and for democratic forest governance in India. Told from the perspective of a lawyer, the talk narrates the many ways in which social movements have laid claim to the Law, both as a shield against evictions from traditional homelands as well as a sword to advance customary rights. Through key moments from popular mobilizations surrounding the Forest Rights Act (FRA) over the past two decades, and with audio-video clips, reports, gram sabha resolutions, pamphlets etc., the conversation will attempt to historicize the present moment of rollback of rights, and to interrogate methods of human rights lawyering that can enable us to hold our ground.

About the Speaker

Shomona Khanna is an Advocate practicing in the Supreme Court of India and Delhi High Court, and has been associated with numerous civil and democratic rights issues since 1991, both as a lawyer and as a writer. Between 2011 and 2017 she was Legal Advisor to the Ministry of Tribal Affairs, Government of India. She handles several human rights cases in the courts, including the abolition of manual scavenging, protection of women from sexual harassment at the workplace, and indigenous peoples’ rights. She has also written several books and book chapters on these issues. In 2017, she initiated the Legal Resource Centre, a collective of lawyers and legal professionals engaged in demystification of the law for indigenous and Adivasi communities, through legal workshops, training materials, academic and action research. Her most recent publication, which she co-authored with three other lawyers, is ‘Criminalisation of Adivasis and the Indian Legal System’. As part of her endeavours to de-mystify the law for indigenous and forest dwelling peoples, she has spearheaded the development of a 17-part audio-visual course entitled ‘Critical Learnings on Forest and Adivasi Rights’ which is available under creative commons licence at https://nagriklearning.com/enrol/index.php?id=6 and https://vasundharaodisha.org/User/tutorial/

About the discussant

Radhika Chitkara is Assistant Professor (Law) at NLSIU, where she teaches criminal law. She is also the Dr. NR Madhav Menon Doctoral Scholar at NLS since 2021. She is a researcher, clinical practitioner and activist in the field of human rights, civil liberties and land rights. She has previously taught constitutional law, feminist legal theories and human rights lawyering at the Jindal Global Law School and National Law University, Delhi. Prior to that, Radhika was associated with the Legal Resource Centre, Delhi, undertaking legal aid, litigation support, research and advocacy on concerns of forest rights and the V Schedule to the Constitution, focusing on the intersections between self-determination, environment and conflict. She obtained her LL.M. with a Concentration in International Human Rights at the Harvard Law School in 2017, and completed her B.A., LL.B.(Hons.) from the National Law School of India University, Bangalore in 2013.

Faculty Seminar | Populism and Caste in contemporary India: Socio-political pragmatisms of caste associations

This week’s faculty seminar will be held on 6th September, 2023.  Dr. Aniket Nandan will be presenting a paper titled ‘Populism and Caste in contemporary India: Socio-political pragmatisms of caste associations’.  Dr. Karthikeyan Damodaran will be the discussant.

Abstract

The essay is part of the forthcoming article as contribution for Springer Encyclopaedia on New Populism and Responses of the 21st Century, edited by Joseph Chacko Chennattuserry, Madhumati Deshpande and Paul Hong, in the section Society, Reflexivity and Populism. This essay assesses the core principles of populism in order to understand the trajectory of populist discourses in India. In doing so, the role of caste and its associational structures as a socio-cultural and political category finds significant attention. The essay argues that, in contemporary India the core value of populism, aimed at addressing the ‘will of the people’ or popular demand of the majority, has found itself stifled in the clutches of ‘will of the few’ who not only reproduce the socio-cultural hegemony but have also been able to postulate and dominate epistemic positions. However, this argument is not devoid of the foundation that India indeed witnessed phases of constructive populist discourses which in present times seems to be enmeshed within the metanarratives of a caste society.

 

Panel Discussion On Digital Personal Data Protection Act, 2023

The Law and Technology Society, NLSIU, a student-run committee of the University, invites students, practitioners and academicians across all areas of law to a panel discussion on the Digital Personal Data Protection Act 2023. The event will take place on September 2, 2023 from 2.30 pm to 4 pm.

Abstract

The Digital Personal Data Protection Act 2023 was gazetted on 11 August 2023. This legislation has been the culmination of discussion and deliberation for the past 8 years and stands to have a transformative effect on individuals and businesses in India. Therefore, it becomes extremely important to evaluate the ramifications of the bill from a multi-disciplinary perspective including inter alia the academic, business as well as practical perspectives.

The distinguished panelists include:

Ms Malavika Raghavan (Moderator): Ms Raghavan is a doctoral candidate at the London School of Economics undertaking cross-disciplinary research across disciplines of Law and Information Systems. She is also a Senior Fellow at the Future for Privacy Forum, and Visiting Faculty at the Daksha Fellowship, Sai University. Through these roles, and her previous role as Head of the Future of Finance Initiative at Dvara Research she has engaged deeply with various versions of proposals for an Indian data protection bill.

Mr Arun Prabhu: Mr Prabhu is a Partner at Cyril Amarchand Mangaldas and heads the Technology and Telecommunications practice. He specialises in offering sector-specific, cutting edge advice about technology to clients who are exposed to increased industry-specific risks.

Mr Vivek Reddy: Mr Vivek Reddy is a Senior Advocate of the Telangana High Court and the founding partner at Vivek Reddy Law Chambers. He is a graduate of NLSIU and Harvard Law School. He had worked on the initial Joint Parliamentary Committee report on the Data Protection Bill and represents technology companies in various litigation matters.

Ms Sriya Sridhar: Ms Sridhar is currently a part of the in-house legal team at Setu, a fin-tech company (part of the Pine Labs group), prior to which she practiced at a law firm within the IP and Technology practice. Her practice focuses primarily on technology laws (currently with a focus on fin-tech) and contracting, privacy laws and regulatory compliance.

Ameen Jauhar: Mr Jauhar is the senior resident fellow at the Vidhi Centre for Legal Policy and leads its Centre for Applied Law & Tech Research (ALTR). He is well-versed in Global South tech policy issues, with specialised knowledge of and practice in the Indian landscape.

E-Certificates will be provided to the attendees.

About L-Tech

The Law and Technology Society (‘L-Tech’) is one of Asia’s oldest student-run tech-law groups and is committed to exploring the boundless contours of the intriguing interface between law and technology.  It is one amongst the many societies at National Law School of India University, Bangalore. The main objective of the committee is to build up-to-date scholarship in this field by making research panels and by organizing a series of interesting events including seminars, conferences, policy-making competitions, essay competitions, etc.

Faculty Seminar | “To have a country so important: on Law as a Sign for War”

This week, NLS faculty member Atreyee Majumder will discuss her essay “To have a country so important: on Law as a Sign for War”. Professor Diya Deviah will be the discussant.

Abstract: 

This paper, written for a special issue of NLSIR led by Rohini Sen, shows the international legal order as a sign system that stands for the threat of or imminence of war. It further shows that the order treats young sovereigns as trainee sovereigns who in turn are keen on transacting in the currency of international law to access greater and more meaningful sovereign power.

Discussion on “In Conflict and Conversation – Indian Cities, Livelihoods, and Politics”

NLS faculty members Dr. Atreyee Majumder, Dr. Sushmita Pati, and Dr. Karthick Ram Manoharan will be speaking during a discussion on “In Conflict and Conversation – Indian Cities, Livelihoods, and Politics” on 29th August 2023 at the Bangalore International Centre. The event is being organised by the Cambridge University Press and will be conducted from 2:30 pm onwards. The details of the sessions are provided below:

Session 1 – Contours of the City
2:30 PM onwards 

  • VIKAS KUMAR, Azim Premji University
  • ANANT KAMATH National Institute of  Advanced Studies
  • NEETHI P., Indian Institute for  Human Settlements
  • ATREYEE MAJUMDER , National Law School of  India University

Session 2 – An India Then, an India Now  
4:45 PM onwards 

  • SUSHMITA PATI, National Law School of  India University
  • ADIL HOSSAIN, Azim Premji  University
  • SUPRIYA ROYCHOWDHURY, National Institute of  Advanced Studies
  • KARTHICK RAM MANOHARAN, National Law School of  India University

To register, click here. 

31st Annual Convocation | 26th August 2023

About the Event

NLSIU will be conducting its 31st Annual Convocation on August 26, 2023 at 11 am. The event will take place at the Dr. Babu Rajendra Prasad International Convention Centre, Gandhi Krishi Vignana Kendra (GKVK) Campus, Bengaluru.

The Chancellor and Chief Justice of India, Hon’ble Dr. Justice D Y Chandrachud, will preside over the ceremony. Her Royal Highness Princess Sonam Dechan Wangchuck, Founding President of the JSW School of Law, Bhutan, President of the Bar Council of Bhutan, and President of the Bhutan National Legal Institute, will be the Chief Guest and deliver the Convocation Address.

Programme

  1. National Anthem
  2. Invocation
  3. Welcome & Annual Report by the Vice-Chancellor
  4. Address by Graduating Student
  5. Declaration of Opening of the Convocation by the Chancellor
  6. Conferment of Degrees, Medals & Prizes
  7. Address by the Chairman, Bar Council of India
  8. Presidential Address by the Chancellor
  9. Convocation Address by the Chief Guest
  10. Dissolution of the Convocation
  11. National Anthem

Opening Ceremony of the Redeveloped NLSIU Library

Earlier in the day, the Chancellor and Chief Justice of India, Hon’ble Dr. Justice D Y Chandrachud, and Her Royal Highness Princess Sonam Dechan Wangchuck, Founding President of the JSW School of Law, Bhutan, will open the redeveloped library at the NLS campus. The opening ceremony of the Shri Narayan Rao Melgiri Memorial National Law Libary will take place at 9 am in the presence of Shri Manan Kumar Mishra, The Chairman, Bar Council of India and Smt. Sudha Murty, Founder, Infosys Foundation and Chairperson of the Murty Trust.

Press Releases & Speeches

Press Release – Convocation 2023
Press Release – Opening Ceremony of the Redeveloped Library 
Convocation Speeches

Watch full video:

 

Faculty Seminar | The Search for a Link between Electoral Expenses, Regulation, and Corruption

This week’s faculty seminar will be held on 23rd August, 2023.  Prof.. Jasmine Joseph will be discussing on a working paper  titled “The search for a link between electoral expenses, regulation and corruption”.   Prof. Sanjay  Jain will be the discussant.

Abstract

The representative democracy of India is currently experiencing a rapid decline in both its substantive and procedural components. This paper focuses on analysing one specific procedural element: the electoral process. Electoral corruption is a significant factor contributing to India’s appalling position in the corruption perception index. This paper aims to explore how inadequately regulated electoral expenses can fuel electoral corruption, subsequently leading to widespread corruption.

A cursory examination is conducted to evaluate the regulatory framework governing election expenses in India and to identify its shortcomings. Additionally, the paper examines how the mismanagement of election expenditures could pave the way for corruption and highlights two crucial factors, apart from legislation, that play a role: transparency norms and public funding. However, these two factors are not extensively practiced in India.

This working paper primarily serves as a hypothesis development for a more extensive investigation into how the implementation of public funding can positively influence the corruption landscape.