LAWS(ALL)-2021-10-134

NAJAKAT ALI Vs. STATE OF U.P.

Decided On October 22, 2021
Najakat Ali Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) 'Right to food' emanates from 'right to life' guaranteed under Article 21 of the Constitution of India. Moving forward Central Government enacted National Food Security Act, 2013 (hereinafter called as "Act of 2013") keeping in mind Article 47 of the Constitution, which mandates the States with duty to raise the level of nutrition and standard of living and to improve public health.

(2.) Act of 2013 was implemented with the object of providing food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of food at affordable price to people to live a life with dignity and for matters connected therewith. The Government implemented Targeted Public Distribution System under which foodgrains is provided to the "eligible household" at subsidised rates which includes people Below Poverty Line, including Antyodaya Anna Yojana, and Above Poverty Line households. Sec. 2(23) of Act of 2013 provides for "Targeted Public Distribution System", which means the system for distribution of essential commodities to the ration card holders through fair price shops.

(3.) Following the implementation of Act of 2013, the State Government framed Uttar Pradesh State Food Security Rules, 2015 (hereinafter called as "Rules of 2015") exercising powers under Sec. 40 of Act of 2013.