Reconceptualising Food Security as a Fundamental Right in the Progressive Development of Human Rights Jurisprudence in India

Abstract

Food insecurity persists globally despite unprecedented advances in food production, technology, and international development commitments. Although global food output is sufficient to meet human nutritional needs, unequal access, poverty, and systemic distribution failures prevent millions from achieving adequate nutrition (Food and Agriculture Organization, 1996). The shift from the Millennium Development Goals to Sustainable Development Goal‑2 reflects the recognition of hunger as a human rights concern. In India, food insecurity is shaped less by scarcity and more by structural inequalities, agrarian distress, and weaknesses in welfare delivery systems. The Supreme Court’s expansive interpretation of Article 21 has played a pivotal role in recognising food and nutrition as integral to the right to life (Pattanaik, 2013). The Right to Food litigation transformed welfare schemes into enforceable entitlements, strengthening accountability and reshaping India’s food governance landscape. This paper re‑examines food security as a fundamental right, analyses the National Food Security Act, 2013, and highlights persistent implementation gaps that hinder equitable food access. It argues that food security in India is fundamentally a governance challenge requiring sustained institutional reform, stronger state commitment, and rights‑based accountability.