Towards being a role model for ensuring right to food
Right to food though is not an age old notion but now people all over
the world including the people of Bangladesh are more or less familiar
with this very concept. Though there were some misconceptions mostly
because of interpreting it literally, but gradually it is becoming more
transparent and practical. With the significant changes to the welfare
state concept, now there are some more duties of the state authority
other than preservation of law and order, collecting taxes and
protecting the citizens from foreign enemies. Rather, it is now a duty
of the state to provide the essential security of living peacefully and
of course living hunger free in the state. Being the mother of all laws
of the country, our Constitution provides various rights for the
citizens and imposes obligations upon the state authority in the name of
Fundamental Principles of State Policy. State will not feed you but
will make you capable to manage your food, ensure your legitimate access
to food; the obligation of the state is limited to this extent only.
Bangladesh, has for long been successfully maintaining its people
with the advantages of some basic policies and programs targeted towards
ensuring the right to food of the people. In the year 1998 the
Government of Bangladesh took an exhaustive food security policy for the
country which was again revised in the year 2006. In this very policy
the three essential features of right to food namely availability,
accessibility and utilisation of food are vividly and expressly
ensured.
The term 'Right to Food' though not expressly or directly used in our
Constitution as a right, but in Part 2 of the Constitution it has been
recognised as a part of the fundamental principles of state policy.
Through the provision of Article 11, Constitution guarantees the
fundamental human rights and freedoms and respect for the dignity and
worth of the human person. Those can only be ensured if right to food
can be ensured. Article 15 of the Constitution stipulates the
fundamental responsibility of the state to secure its citizens with the
provisions of basic necessities of life, including food, clothing,
shelter, education and medical care.
Article 14, Article 16, Article 18, Article 20 and Article 25 impose
upon the state the responsibility to create such a condition where right
to food will be ensured. It will not be too much to say that being a
very young country taking birth with the poorest economic condition only
44 years ago Bangladesh has attained more than what could be expected
and those are of course better than our neighbouring countries.
Following the footmark of other developed countries our country is
stepping forward giving this very right a concrete shape. There are
three obligations of the state to ensure right to food: these are
namely, Obligation to Respect, Obligation to Protect and Obligation to
Fulfil. By way of various social safety net programs the right to food
of the people of Bangladesh is being respected.
Bangladesh has enacted and implemented various laws like Consumer
Rights Protection Act, 2009; Safe Food Act, 2013; Formalin Control Act,
2015; Breast Milk Substitutes, Baby Food, Commercially Manufactured
Supplementary Baby Food and its Equipment(Regulation of Marketing) Act,
2013 to protect the access to food of the people and protecting their
Right to Food thereby. Again Special Powers Act, 1974 also protects
Right to Food of the people by way of controlling the hoarding, black
marketing and adulteration of the food.
Now it is time to ensure the other two Obligations for which the
Constitution must be interpreted in a liberal manner so that Fundamental
Principles of State Policy can be enforced against the government for
the interest of the people as people are the sole owners of the state
and government is merely their representative, so government is bound to
obey the people's will, the Constitution; thus it will be the duty of
the government to ensure people's right to food by making them capable
of earning their own food.
It is now the high time to make such arrangements so that rent
seekers may not be able to take control over the food supply chain.
Government must make such arrangement so that farmers, the backbone, the
insurer of food supply of the country may survive well; the rent
seekers and corporate evil must be eliminated with iron hand. If the
farmers live, if there are cultivatable land and supply of agricultural
commodities are available, if the farmers get just price of their
labour, the farmers of Bangladesh will be able to produce enough food
to feed us all. Our duties and responsibilities are to protect the
framers, protecting from natural as well as corporate calamities and
from rent seekers at the top. An umbrella law should be enacted for
securing right to food.
We have known that the Law Commission is working on preparing a right to
food law for Bangladesh. We will expect that this law will be a model
law on right to food and Bangladesh will be a role model for the world
on ensuring right to food for its people. It is not possible for a
country to ensure full food security for its people. Again, we cannot
expect to live better keeping our neighbours hungry, so a regional food
safety net must be created. SAARC Food Bank needs to be made a reality
as soon as possible. Recently in a Regional Conference titled, 'South
Asian Right to Food Conference, 2015' our Finance Minister and
government high officials of other SAARC countries have ensured that
they are working on it with their utmost effort. Let us wait for the
sunrise. Let the world shine by the lights of Bangladesh's success on
ensuring right to food.