Right To Health

Sujata Jayant, Ravinder Kumar

Abstract


“Every citizen of India has a ‘Right to health’ which has been given by the Constitution of India under Article 21 which talks about “Right to life and personal liberty”. Although the right to health is not specifically mentioned in Article 21 Supreme Court interpreted as the right of life also includes the ‘right to health’. This right to health also enumerates in Directive Principle of State Policy (DPSP) specifically Article -39(a), 47 and 48A by themselves and collectively cast a duty on the ‘State’ to secure the heath of people, improve pubic heath and protect & improve the public environment. Although DPSP cannot be enforced by the court it is a guideline for framing of law by the government to establish a just society in the country. So, if we say every citizen of India has a Right i.e ‘State’ shall have obligation to provide such a right to every citizen of India. If we examine carefully ‘Right to health ’it seems a most violated right which people are hardly aware of it. We should also examine how a State can fulfill its obligation of providing the ‘Right to health’ to every citizen of India. Therefore, the paper tries to critically examine the position of the “Right to Health” in India and its implementation in governmental policies.


References


Oxford Dictionary of English

Preamble to the Constitution of the World Health Organization as adopted by the International Health Conference, New York, 19–22 June 1946; signed on 22 July 1947 by the representatives of 61 States (Official Records of the World Health Organization, no. 2, p. 100); and entered into force on 7 April 1948

Kumar A., “Human Right to Health”, satyam law international 2007 at 21

National Economics and social rights initiative

The covenant was adopted bt the United Nations General assembly in its resolution 2220A(XXI) of 16, December 1966. It entered into force in1976 and by1 December 2007 has been ratified by 157 states.

Preamble to the Constitution of the World Health Organization as adopted by the International Health Conference, New York, 19–22 June 1946; signed on 22 July 1947 by the representatives of 61 States (Official Records of the World Health Organization, no. 2, p. 100); and entered into force on 7 April 1948

Universal Declaration of Human Rights, 1948

International Covenant on Economic, Social and Cultural right,1966

Latif S., Khan A.., “right to health”. (1995) 2 SCJ 29-34, at 30.


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