LO 0505 Health and Food Law :

Objectives of the Course : The objectives of the course are : (1) To enable the students to acquire knowledge of constitutional protections with respect to health; (2) To impart knowledge to the students of basic laws relating to protection of health; (3) To impart knowledge about need and nature of right to food and nutrition in India; (4) To expose students to need and nature of programme on food safety and standards in India; (5) To expose students to need and nature of programme of national food security in India; (6) To enable the students to acquire sound knowledge of health and food regulatory mechanism in India.

Module 01 Introduction :

1. Concept and Importance of Health
2. Public Health in India - Ancient, medieval and modern perspectives
3. Human Rights Perspectives of Health - an Overview

Module 02 Health and Constitutional Protections :

1. Fundamental Rights - Right to Health, Right to Decent Environment, Right to Shelter, Reproductive Rights of Women
2. Directive Principles of State Policy and Health

Module 03 Health and Legal Protection - Relevant Provisions under following Laws :

1. The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
2. The Factories Act, 1948
3. Law on Mental Health
4. The Maternity Benefit Act, 1961
5. The Infant Milk Substitutes, Feeding Bottles and Infant Foods Act, 1992
6. The Transplantation of Human Organs Act, 1994
7. The Indian Penal Code, 1860 - Chapter XIV (Sections 269 to 278)

Module 04 Right to Food and Nutrition in India :

1. Fundamental Rights - Right to Food and Nutrition
2. Directive Principle of State Policy on Food and Nutrition
3. Human Rights Perspectives of Food and Nutrition - an Overview

Module 05 The Food Safety and Standards Act, 2006 :

1. Need, Objects and Basic Concepts
2. Food Safety and Standards Authority of India
3. General Principles of Food Safety
4. General Provisions as to Articles of Food
5. Provisions Relating to Import
6. Enforcement of the Act
7. Analysis of Food
8. Offences and Penalties
9. Adjudication and Food Safety Appellate Tribunal

Module 06 The National Food Security Act, 2013 :

1. Need, Objects and Basic Concepts
2. Provisions for Food Security and Food Security Allowance
3. Identification of Eligible Households
4. Reforms in Targeted Public Distribution System.
5. Women Empowerment
6. Grievance Redressal Mechanism
7. Obligations of Central Government for Food Security
8. Obligations of State Government for Food Security
9. Obligations of Local Authorities
10. Transparency and Accountability
11. Provisions for Advancing Food Security

Recommended Readings :

1. R.K. Nayak (ed.), The Indian Law Institute, Global Health Law, (1998), World Health Organization, Regional Office for South East Asia, New Delhi.
2. Pragya Kumar and Virendra Kumar, Health as a Fundamental Human Right, in Dilemmas in Health Policy, at C-1 C-8 (1986).
3. M.L. Bhargava, Law of Food Safety and Standards Act, 2006, Kamal Publishers; 2017.
4. Kiron Prabhakar, A Practical Guide to Food Laws and Regulations, Bloomsbury India, September 2016.
5. Bhatnagar, Food Laws in India, Ashoka Law House, 2011.
6. R.K. Gupta (Eds.), Food Safety in 21stCentury – Public health Perspectives, Academic Press, 2016.
7. Law Commission of India, Report No. 264, On the Criminal Law (Amendment) Bill, 2017 (Provisions dealing with Food Adulteration), January, 2017.
8. Food Security and Right to Food : S. Mahendrs Dass, K.P. Khanna, 2003, Institute for Human Development, New Delhi.
9. George Ken, Human Right to Food and Dignity.
10. “Right to Food Act : Beyond Cheap Promises" Economic and Political Weekly, July 18, Vol.42, No.29.
11. R. Radhakrishna, in K. Parikh, Food and Nutrition Security, India Development Report 2002, Oxford University Press, New Delhi.