The Right To Development

Group G9
Section G
• Integrates Human Development and Human Rights approaches Development
• Declaration on RTD adopted by UN General Assembly in 1986 Right to
• Economic growth with Equity
• Civil and Political Rights and Economic, Social and Cultural Rights Approach
• Focus on claims that individuals have on state to secure their Human Rights
capabilities and freedom
Approach
• Focus moved from just Economic Growth to provision of goods and Development
services for Human Development Human
Maximizing GNP
• GNP regarded as only measure of human and social development
Evolution of Development Thinking
• Concrete implementable right with identifiable obligations for Cooperation
International
national action and international cooperation
• Rights not enumerated merely in terms of outcome; an equal Outcome
Focus of Process and
emphasis on the process of realization of rights
Standard
• Consistent with principles of Equity, Non-discrimination, Human Rights
consistent with
Participation, Accountability, Transparency Economic Growth
• Focus on inter linkages and interdependence of rights, not just Approach
Broader and Richer
individual rights
Value Addition to Development Thinking
 Policy Dilemmas in Implementation

Approaches to Implement RTD

• Rights Based, Vector Based, Step-by-Step Approach
Policy Dilemmas
• Resource Constraints
• Financial, institutional and physical at both national and international
level
• Not Legally Enforceable
• Conflict of Rights
• Example: Preventive Compensation Gone Awry in India
• Terrorism
• Lack of Participation
• All the schemes are not mandatory for the government to entitlement
implement No legal
• For e.g., Right to Food
Commission
• Established under the Protection of Human Rights Act Rights
National Human
• Public Distribution System
Schemes
• Antyodaya Anna Yojana (AAY)
Government
• Constitution of India contains Bill of Fundamental Rights
Rights
• Enforceable by the Supreme Court and High Courts
Fundamental
India – Rights and Wrongs
 The Right to Food
“Starvation is the characteristic of some people not having enough food to eat.
It is not the characteristic of there not being enough food to eat.”
– Amartya Sen

Food
Country Food Exports Food Imports Food Balance
Production
Bangladesh 26,924 1.6 2,827 -4,601
India 1,74,655 9,490 56 23,826
Nepal 5,839 11 39 57
Pakistan 24,936 2,966 288 3,818
Sri Lanka 1,938 9.8 1,307 252
Source: FAO, 2004. Figures in thousand metric tones for 2002
India State Hunger Index
• State Governments took long time to implement schemes
Implementation
• Supreme Court pulled them up and gave them ultimatums
Problems in
• Held Chief Secretaries responsible for implementation
• Empowered Gram Sabhas to audit the schemes
Umbrella Orders
• Appointed commissioners to monitor the whole process
Food
• Converted eight “schemes” into legal entitlements entitles Right to
• Landmark ruling for Mid-Day Meal program Supreme Court
• Breakdown of the public distribution systems (PDS) PUCL Petition
• Inadequacy of relief programs in drought affected areas
2001 – Supreme Court steps in
 The Current Scenario
Right to Food Campaign
• An informal network of organizations and individuals committed to
realization of right to food in India
• Ensure legal entitlements are met by the state governments

The National Food Security Act

• Promising 25kg of food grain to the poor at Rs 3 a kilo
• Making the Centre responsible for food grain supply to the states and the
state governments, for distributing wheat and rice to correctly identified
BPL card holders
Will the problem be solved?