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Chapter-2 Right to Food and Protection from Food Insecurity

  1. Respect, protection and fulfillment of the right to food: (1) Every citizen shall have the right to food and right to food security.

(2) The Government of Nepal, Provincial Government and Local Level shall make necessary arrangements, with mutual coordination, for the respect, protection and fulfillment of the right referred to in sub-section (1).

(3) Without prejudice to the generality of sub-section (1), every citizen shall have the following rights relating to food and rights relating to food security:

(a)        To have regular access, without discrimination, to adequate, nutritious and quality food,

(b)        To be free from the hunger,

(c)        To be safe from the state of being in danger of life from the scarcity of food,

(d)       To obtain sustainable access to food and nutrition support by the persons or families vulnerable to famine or food insecurity,

(e)        To use culturally acceptable food.

  1. Prevention and control of famine: The Government of Nepal, Provincial Government and Local Level shall perform the following functions, on the basis of prioritization, with mutual coordination, for the prevention and control of famine:

(a)        To regularly identify famine or the person, families, communities and zones vulnerable to the famine; and to maintain its records,

(b)        To make provisions of food required for controlling famine and the risk of famine,

(c)        To make provision for food distribution for controlling the famine or the risk of famine,

(d)       To adopt immediate, short-term and long-term measures for the prevention and control of the famine.

  1. Identification of targeted household: (1) The Local level shall maintain records in the prescribed form by identifying the targeted households, as prescribed, within its territory, that are vulnerable to food insecurity due to poverty, geographical inaccessibility, disaster or similar other reasons.

(2) The details of the records referred to in sub-section (1) shall be sent to the Provincial Food Council pursuant to Section 34 and also to the Ministry for the record purpose.

(3) If the details of the households which are not prone to food insecurity are found to have been included in the records referred to in sub-section (1), or if the households included in the records do not fall under the targeted households for any reason whatsoever, the Local Level may remove the details of such family from the records in any circumstance.

(4) On the basis of the records received pursuant to sub-section (2), every Province shall maintain the integrated and updated records of the targeted households that are vulnerable to the food insecurity within its Province and the Ministry shall prepare such records of such households throughout Nepal.

(5) The records referred to in this Section shall be updated by the Local Level from time to time, and its information shall be provided to the Province Food Council and Government of Nepal.

(6) The Government of Nepal may develop necessary system to maintain the records referred to in this Section also through electronic means.

(7) Other grounds and processes of identifying the targeted households shall be as prescribed.

  1. Food support identity card: (1) The Local Level shall issue food support identity cards in the prescribed form on the basis of updated details of the targeted households.

(2) While issuing the identity cards pursuant to sub-section (1), the food support identity cards shall be issued as prescribed in the name of the senior most female member of the targeted households if there are female members over eighteen years of age, and in the names of the senior most of the other family members if there is no female member over eighteen years of age.

Provided that when there is no member over eighteen years of age in the targeted family, nothing contained in this sub-section shall prevent from issuing the food support identity card in the name of the minor member of such family.

(3) If the identity card has been issued in the name of other member referred to in sub-section (2), after the female member attains the eighteen years of age, the identity card shall be issued in the name of the female member by revoking the identity card issued in the name of such a member.

  1. To provide food for free or concessional price: (1) The Government of Nepal, Provincial Government or Local Level shall provide food support to the targeted households for concessional price and to the targeted households of particular nature for free as prescribed.

(2) Notwithstanding anything contained in sub-section (1), in cases where the Government of Nepal declares a disastrous zone upon emerging any kind of disaster in any region or any Local Level, the persons and families in such a zone shall be provided with food support, for free or at the concessional price, for the period of existence of such condition, and for the period of existence of the food crisis if the food crisis zone is declared.

(3) While providing food support, for free or at the concessional price, pursuant to sub-section (1) or (2), the Government of Nepal shall make arrangement to distribute it through the Local Level.

(4) The Government of Nepal, Provincial Government or Local Level may review the free or concessional food support to be provided pursuant to this Section, form and quantity of such food support from time to time, on the basis of immediate need of the persons or families of the zones prescribed, geographical condition, availability and traditionally or culturally acceptability of food.

  1. To prescribe standards of nutritious elements of food: The standards of the nutritious elements of food required for the purpose of providing food support pursuant to Section 7 shall be as prescribed.
  2. Emergency food and nutrition security: (1) The Government of Nepal, Provincial Government and Local Level shall adopt necessary measures with mutual coordination in order to reduce adverse impact likely to occur in food and nutrition security for any reason and to provide food immediately in the emergency situation.

Explanation: For the purposes of this Section, the term “emergency situation” means the period declared by the Government of Nepal as a situation of emergency at any zone affected by the disaster such as earthquake, flood, landslide, snowfall, cold wave or inferno.

(2) The Government of Nepal, Provincial Government and Local Level shall hoard the food required to fulfill the necessity of nutrition in any situation whatsoever, by expanding and modernizing their storage facilities with mutual coordination.

(3) The prescribed body shall coordinate the functions of providing emergency food and nutrition support pursuant to this Section.

(4) The Government of Nepal may, in order to enhance the security situation of food and nutrition during the situation of emergency, mobilize national and international support, as necessary.

  1. Food crisis zone may be declared: (1) If there arises a food crisis in any zone due to reasons such as earthquake, excessive rainfall, low rainfall, flood, landslide, inferno, epidemic, famine, the Government of Nepal may declare such a zone as a food crisis zone for a certain period.

(2) The arrangements relating to the security of food and nutrition required in the food crisis zone shall be as prescribed.

  1. To give priority to local food: (1) While making arrangements for food and nutrition pursuant to this Act, traditional food produced in the Local Level shall be prioritized and distributed.

(2) The provisions relating to arrangements for traditional food and nutrition produced in the Local Level shall be as prescribed.