Any Nepali citizen, no matter which part of the country he hails from, must not be deprived of his basis needs. Up to now, Nepal has not taken robust steps towards addressing the anomalous situation of the poor getting poorer and the rich getting richer. For this to materialize, the constitution, the supreme law of the land, must clearly and comprehensively entrench provisions for the welfare of the people living in the remote areas.
Food is indispensable for the survival of human beings. Even though food is understood as a specific quantity to be consumed every morning and evening for survival, in scientific parlance, it also means a particular number of calories needed to sustain a healthy person. Cognizant of this fact, Article 18(3) of the Interim Constitution has provisioned that food sovereignty be guaranteed for every citizen. It stands to reason that the right of each citizen to food has been established in the constitution as a fundamental right. Likewise, Article 33 (i) and Article 35(1), Part 4 of the constitution on State’s responsibility, Guiding principle and Policies directs the state “to adopt the policy of establishing the right of all citizens to education, health, shelter, employment and food sovereignty”.
Although no court of law can raise the issue of whether the provisions of Part 4 have been met, just the mention of such an important right in the constitution confers a moral obligation upon the State. The Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights ratified by Nepal have also portrayed the right to food and nutrition as important and inalienable human rights.
Unless the state is serious about implementing constitutional provisions the food deficit situation in Karnali zone is likely to get from bad to worse.
Thirty-two of the 75 districts in Nepal face food grain scarcity. Whereas 16 districts face acute shortages, the whole of Karnali area (comprised of Dolpa, Humla, Jumla, Kalikot and Mugu districts) does. Owing to its difficult topography, the Karnali area is not in a position to produce food grains in great quantities. In the mountainous areas, the cereals produced can barely sustain the local people for a few months. For the remaining months food grains are supplied from the Tarai.
Besides its topographical situation, other factors affecting food production in Karnali are dearth of irrigation facilities, regular floods and landslides and unproductive conventional farming practices. But the government policy of encouraging the production of particular foods for particular areas should undoubtedly be seen as a step in the right direction. Besides, programmes such as agriculture know-how dissemination, cooperative farming, small scale irrigation schemes, promotion of veterinary services, and Karnali Zone Special Programme to be implemented by optimal utilization of the available land have also, to an extent, helped relieve the food shortage situation.
The State has adopted the policy of maintaining a minimum stock of food grains at the national security depots as well as 15,000 MT of sugar and salt (lasting six months) in order to supply food grains and essentials to scarcity prone areas. For this, the government is committed to increasing the grant to Nepal Food Corporation, but it is also essential that the Corporation instigates necessary reforms in its managerial capabilities in order to enhance its effectiveness. Yet the NFC alone cannot be held accountable for the looming food crisis; the deficit of resources and poor policy and regulations are equally responsible.
The right to life is among the citizen’s fundamental right, for a person cannot survive without food. Without food, not only will the person be deprived of the right to a decent life, he will also be prevented from enjoying any of the fundamental rights granted by Part 3 of the constitution. When viewed in this light, human rights appear to be inextricably linked to right to food. Food scarcity is likely to set in motion a dangerous chain reaction in the society.
The cycle of hunger and famine unleashed by lack of food is bound to impinge upon all sections of society wherein the worst sufferers will be the weakest members of the society, viz. the elderly, children, pregnant women and the physically handicapped. Thus it is vital that the state launches programs to enhance agricultural productivity. This can be done by enhancing farmers’ access to fertilizers, seeds, irrigation facilities and marketing know-how. Such programmes enable people’s access to food by generating jobs. But we also need to bear in mind that, constrained by topography, the country’s food grain sufficiency is by no means an easy target.
While discussing the right to food, it is pertinent to note that the Karnali area contributes substantially to the waters of the Karnali River. It is justifiable that Karnali gets a fair share of the irrigation benefits accruing from the irrigation of fertile plains of Nepal and India downstream. It is a travesty of justice that people of the Karnali catchment areas are still mired in poverty. In light of all these facts, the federal constitution must outline clear-cut and inclusive rights for people of this region.
The writer is an Appellate Court judge
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