Open Access Research Article
Health As A Legal Right in India (By: Pradip Kumar & Dr. Anupam Manhas)
Published Paper
Article Details
Health As A
Legal Right in India
Authored By: 1. Pradip Kumar
College/university:
Ph D Scholar, Department of Law, Career Point University Hamirpur, H.P
Course details
etc: Ph D Scholar in Law
2. Dr Anupam Manhas
College/university:
Associate Professor, Department of Law, Career Point University Hamirpur, H.P
Course details
etc: Faculty in Law
1.
Introduction
In 1948, the World Health Organisation (WHO)
defined health with a phrase
“Health is a state of complete physical, mental, and social well-being
and not merely the absence of disease or infirmity.”[1]In
1986, the WHO made further clarifications: “A resource for everyday
life, not the objective of living. Health is a positive concept emphasizing
social and personal resources, as well as physical capacities.”[2]
This means that health is a resource that
helps one to support in better functioning of society, rather than an end to
itself. A good healthy lifestyle is central to handling stress in this
fast-pacing world and provides the means to lead a meaningful and purposeful
life.
The word health refers to a state of complete
emotional and physical well-being. Healthcare exists to help people maintain
this optimal state of health.
2.
Definitions Of Health
There have been many definitions of
health depending upon the transitions in time and development.
a) “The condition of being sound in body,
mind or spirit, especially freedom from physical disease or pain.”
b)
“soundness of body or mind; that condition in which its functions are duly and
efficiently discharged”
c) “A
condition or quality of the human organism expressing the adequate functioning
of the organism in given conditions, genetic or environmental.”[3]
d) “A modus vivendi enabling imperfect men
to achieve a rewarding and not too painful existence which they cope with an
imperfect world.”[4]
e) “A state of relative equilibrium of body
forms and function which results from its successful dynamic adjustment to
forces tending to disturb it. It is not passive interplay between body
substance and forces impinging upon it but an active response of body forces
working toward readjustment.”[5]
WHO definition The World Health
Organization, 1948 has in its Constitution defined health as follows: “Health
is a state of complete physical, mental and social wellbeing and not merely an
absence of disease or infirmity.”[6]This
statement has been given a broader perspective to include the ability to lead a
“socially and economically productive life.” The definition of health has been
criticized as being too. Some argue that health cannot be defined as a “state”
at all, but must be seen as a process of ceaseless resilience to the
changinglife situations and its meanings. It is a dynamic concept. It helps in
elevating the quality of life. The WHO definition of health is therefore
considered by many as more of an idealistic aim than a realistic proposition.
It implies to a situation that may come in effect for some individuals but not
for everyone all the time. Some consider it immaterial to day-to-day
requirements, as no one qualifies as healthy in theperfect
biological, psychological and social
functioning. Hence the definition has been criticized for various reasons.
3. The
Historical Evolution Of Idea Of “Health”
Most of the primitive people of the world
practiced personal hygiene for religious reasons and in orderto appear pious and
virtuous in the eyes oftheir gods. The view that, disease is caused due to
natural causes, developed, much later, and only eventually. This major advance
seems to have taken place in Greece in the 5th and 4th B.C. It represented a
substantial step and symbolized the first attempt at a rational and scientific
theory for the cause of disease.
For example, the association between
malaria and swamps, was established in Greece very early, in 503 BC.
Hippocrates, in his books “Aris
Waters and Places,” made the first systematic attempt to set forth the
relationship between disease and environment. Until the 19th century, this book
provided a theoretical basis for comprehending most endemic and epidemic
diseases.
The middle ages, during which the
Black death(Bubonic plague) and other epidemics spread, attested the practice
of isolation of patients. Considerable efforts to improve sanitation through
these years included the development of water supplies, sewage disposal and
food inspection. During the Renaissance, that the spread of disease by
contagion was systematically studied, broadly, by Fracastoro of Verona.
Incidentally, it was also in the 16th and 17th
centuries that great scientists laid down the foundations of anatomy and
physiology. The idea that microscopic organism might cause communicable
diseases, began to evolve in course of time.
4.
Different Phases Of Health
The history of public health has
passed through four distinct phases.
Disease control phase (1880-1920):Public health during the 19th century
was majorly a matter of sanitary legislation and sanitary reforms aimed at the
control of physical environment like water supply, sewage disposal, etc. These
measures were not aimed at the control of any specific disease but for the want
of the required technical knowledge. However, these, measures significantly
improved the health and hygiene of the people due to disease and death control.
Health promotional phase (1920-1960): At the commence of the 20th century,
a new concept, the concept of “health promotion” began to surface. It was
realized that public health had
neglected the citizen as an
individual, and the State had a direct responsibility of the health of the
individual.
Social engineering phase (1960-1980):The pattern of diseases varied with
the advancement of medicine and public health. Though the old problems were
solved, new problems in the form of chronic diseases started to change in the
developed world. Those were chronic diseases like cancer, diabetes, cardiovascular
etc which could not be tackled by the traditional approaches like isolation,
immunization and disinfection. A new concept, the concept of “risk factors” as
determinants of these diseases came into existence. The consequences of these
diseases, unlike the swift death brought by the acute infectious diseases, were
to place a chronic burden on the society that created them. These problems
brought unprecedented challenges to public health which needed reorientation
and restructuretowards social objectives. Public health entered a new phase in
1960s described as the “social engineering” phase.
Health for all phase (1981-2000) : As the centuries have unfolded, the
glaring contrasts in the picture of health in the developed and developing
countries came into a sharper focus, despite advances in medicine. Most people
in the developed countries, and in the elite of the developing countries, enjoy
all the determinants of good health-adequate income, nutrition, education,
sanitation, safe drinking water and comprehensive health care. John Bryant in
the introduction to his book: “Health and the Developing World” presented a
gloomy picture and a challenge of inequalities in health by saying: “large
numbers of the world’s people, perhaps more than half, have no access to health
care at all, and for many of the rest the care they receive does not answer the
problems they have.” The global conscience was stirred to a new awakening that
the health gap between rich and poor within countries and between countries should
be narrowed and ultimately eliminated. It is conceded that the neglected 80
percent of the world’s population too have an equal claim to health care, to
protection from the killer diseases of childhood, to primary health care for
mothers and children, to treat for those ills that making has long ago learnt
to control, if not to cure. Against this background, in 1981, the members of
the WHO pledged themselves to an ambitious target to provide Health for all by
the year 2000 that lead a socially and economically productive life.”The goal
of Health for All had two perspectives. Viewed in the long-term context, it
simply means the realization of the WHO’s objective of “attainment by all
peoples of the highest possible level of health”. But what is of immediate
relevance is the meaning that, as minimum, all people in all countries should
have at least such a level of health that they are capable of working
productively and of participating actively in the social life of the community
in which they live.
5. Legal framework of healthcare in
India
It consists of the constitutional
provisions, various laws passed on health issues in pursuance of this power of
legislative authority of the Central and state government. Constitutional
provisions. Fundamental Rights under article 14, 15 and 21 have been
interpreted by courts as protecting health of the people. Directive principles
of state policies in Part IV in Indian constitution provide for this
multidimensional right in Articles 39,41,42,43 and 47. A comparative study of
similar provisions in some foreign countries will be worthwhile to highlight
the importance of this right. Fundamental Duties under article 51 A also is
relevant in context of health.
Article 242-W ofthe Constitution
provides that the legislature of a State may be law, endow the municipalities
with such powers and authority as may be necessary to enable them to function
as institutions of self government and provide with respect to the performance
of functions and implementation of schemes as may be entrusted to them
including those in relation to the matters listed in the Twelfth Schedule to
the Constitution which includes at item 6, ‘Public health, sanitation
conservancy and solid waste management’. Similar provision is made for the
panchayats under Article 243-G read with the Eleventh Schedule (item 23), of
the Constitution.
Various municipal laws prescribed
duties of such local authorities in the sphere of public health and sanitation
which include establishment and maintenance of dispensaries, expansion of
health services, regulating or abating offensive or dangerous trades or
practices, providing a supply of water proper and sufficient for preventing
dangerto the health ofthe inhabitants from the insufficiency or unwholesomeness
ofthe existing supply, public vaccination, cleaning public places and removing
noxious substances, disposal of right soil and rubbish, providing special
medical aid and accommodation for the sick in the time of dangerous diseases,
taking measures to prevent the outbreak of diseases etc. Art.253.
Notwithstanding anything in the foregoing provisions of this Chapter,
Parliament has power to make any law for the whole or any part of the territory
of India for implementing any treaty, agreement or convention with any other country
or countries or any other body.
The Indian Medicine Central Council
Act 1970
For the regulation of practitioners
of Indian Medicine- defined as those practicing Ayurveda, Siddha or Unani
systems of medicine- this particular enactment became necessary. The
representative Central Council takes into consideration the requirements of all
the three systems and the educational standards that need to be laid down for
the same. The Central Council shall also be housing the formation of three
sub-committees on each of the system of medicine. The
enrolment procedure, the recognition
of the qualifications in this regard, the supervisory powers towards the
maintenance of the efficiency in the educational schemes through the laying
down of minimum standards for the same and the power to advice the Central
Government to withdraw the recognition granted if there is a breach of the
standards, form the functions of the Central Council on Indian Medicine. In
addition, there is also a Register maintained of all the persons practicing any
ofthe three systems of medicine.
The Dentists Act, 1948
It regulates the profession of
dentistry and makes provisions for the regulation of the progression of
dentistry and for that purpose to constitute Dental Councils. The Medical Council
of India and the Dental Council of India were set up under ACTs of Parliament
with a view to regulate medical and dental education in the country. Under the
provisions of Regulations of the two statuary bodies, no medical or dental
college can be established or increase their capacity without prior approval of
the Central Government.[7]
The Homoeopathy Central Council Act,
1973
This Act provides for the
constitution of a Central Council of Homoeopathy and maintenance of a Central
Register of Homoeopathy. It explains “Homoeopathy”, as, the Homoeopathic system
of medicine and includes the use of Biochemical remedies Government constituted
the Central Council of Homoeopathy in the year 1974 to maintain a Central
Register of Homoeopathy and matters connected therewith. This Act takes care of
Homoeopathy practice and education in the country. .[8]
Indian Nursing Council Act, 1947
In order to establish a uniform
standard of training for nurses, midwives and health visitors the Indian
Nursing Council was sought to be formed.[9]
The main functions of the Council are similar to that of the other Councils
mentioned hitherto. Beginning with the supervisory powers over the educational
standards and the recognition of the qualifications, it goes on to the
regulations of the profession itself through the maintenance of the Indian
Nurses Register and the power to make rules regarding the professional conduct
of the nurses. The advisory capacity to the Central Government too is provided
for by the Act. To recognize the qualifications under section 10(2)(4)
of the Indian Nursing Council Act,
1947 for the purpose of registration and employment in India and abroad. To
give approval for registration of Indian and Foreign Nurses possessing foreign
qualification under section 11(2)(a) of the Indian Nursing Council Act, 1947.
The Pharmacy Act, 1948.
It regulates the profession of
Pharmacy. It contains provision for the regulation of the profession and
practice of practice of pharmacy and or that purpose constitutes Pharmacy Councils.
Drugs and Cosmetics Act, 1940- The main purpose of the Act is to
prevent sub-standards in drugs, presumably for maintaining high standards of
medical treatment. The Drugs and Cosmetics Act, 1940 is also intended to
regulate the import, manufacture, distribution and sale of drugs and cosmetics
The Drugs and Constitutional Act includes broad definitions of the term “drugs”
and “medicines” to include not only medicines properly so called but also other
substance used to treat human beings or animals, it also includes substances
which are necessary aids for treating surgical or other cases-thereby includes
cotton gauze etc. uses for treatment.
Section 8C of the Act insists on licensing not
only for drugs and cosmetics ‘but for storage in order to prevent drugs
deteriorating into substance harmful to society. Section 27(a)(i) Makes a
sentence of imprisonment for not less than one year compulsory for offences
under the Act in addition to a fine. In case a company is sought to be
prosecuted, the people in the company who are responsible for the violation
would be convicted.
The Indian Penal Code 1860
Section 268- 278 and section 284-288
of the Indian Penal Code also contain provisions which are employed by the
courts to protect public health.
The Water (Prevention and Control of
Pollution) Act,1974
The water (Prevention and Control of
Pollution) Act,1974 is one of the major laws relevant to the environment. The
main objects are the following
(1) to
provide for the prevention and control ofwater pollution.
(2) to
provide for the maintaining or restoring of wholesomeness of water;[10]
(3) to
provide for the maintaining of Boards forthe control of water pollution;
(4)
to
provide for conferring powers on such Boards and assigning functions to such
Board;
(5) to
provide for matters connected with above.
Air Pollution Act
Sections 19-31A of the
Air Pollution Act contain provisions which deal with the major regulatory
mechanism contemplated by the Act. The pivotal section is section 19, relating
to declaration of certain areas as “Air pollution control areas” and providing
for connected regulatory measures. Section 20 of the Act deals with automobile
pollution- a matter now dealt with the detail by rules made under the Motor
Vehicles Act, 1988. Section 21 provides for restrictions of the establishment
of industrial plants in air pollution control areas without the consent of the
State Board. Emission of Pollutants excess of the notified standards is dealt
with in Section 22. Section 22A creates on additions procedure, where under a
Pollution Control Board can apply to the competent court, to pass orders
restraining a person from causing air pollution.
Epidemic Diseases
Act, 1925
This Act (being a Central
Act enacted in 1925) gives to the Government, powers to take certain measures
to check the spread of epidemic diseases.
The Insecticides
Act, 1968
This Act regulates the
import, manufacture, sale, transport and distribution of insecticides with a
view to preventing risk to human beings or animals. There are provisions for
registration of insecticides and for obtaining licenses, for manufacture, sale
or stocking of insecticides.
Mental Health Act,
1987
This Act was passed to
consolidate and amend the law relating to the treatment and care of mentally
ill persons, to make better provision with respect to their property and
affairs and for incidental matters.lt is the current major Indian legislation
relating to the detention, and treatment of mentally ill persons and the
regulation of institutions concerned with such patients. - For example,
insanity as a defence to a charge of crime is governed by sections 84 of
the Indian Penal Code.
Mental abnormality in the
context of marital relationship is dealt with in sections 5 and 13 of Hindu
MarriageAct 1955. The main previsions can be noted as under.
(1) Inspection,
discharge, leave of absence and removal of mentally ill persons (sections 37 to
49).
(2) Judicial
inquisition regarding detention of mentally persons(sections 50 to 77).
(3) Maintenance
of mentally ill persons detained in psychiatric hospitals etc. sections 78-
80).[11]
Narcotic Drugs And Psychotropic Substances Act, 1985
It is intended to achieve the
following objects.
(a)
Consolidation
and amendment of the law relating to narcotic drugs. The Act repeals the Opium
Acts of 1875 and 1878, and the Dangerous Drugs Act, 1930. The problems with the
Dangerous Drugs Act and Opium Act which led to the need for a more stringent
law were that the old laws were not sufficiently deterrent with maximum
punishment of 3-4 years and very low fines and powers of investigation were
linked. These factors led to an increase in Drug trafficking.
(b)
The
NDPS Act imposes fines on people found in possession of Narcotic drugs and
psychotropic substances as defined by the Act. In order to create greater
deterrence value, the Act imposes stringent fines on people found in possession
of and abetting.[12]
Prevention
Of Food Adulteration Act, 1954
This Act is intended to present the
adulteration of food. Its main provisions can be summarized as under.
1. A Central Committee for Food, Standards
has been provided for, as also a Central Food Laboratory (Sections, 3,3A,4).
2. Import, manufacture and sale etc., of
certain foods are prohibited, The foods so prohibited include adulterated
foods, misbranded foods, foods for whose import or sale a licence is laid down
by Government under rules and other articles of food in contravention of
specific provisions of the Act or rules made there under Section (5 to 7) “Food includes article used as food or drink
for human consumption (other than drugs and water)(Section 2(v)). There is a
very elaborate definition of the expressions “adulterated” and “misbranded”.
Hazardous
Wastes (Management And Handling) Rules, 1989.
In these Rules, the bio-medical waste
was not given any place. This means that all these years, the Central
Government hardly realised that the bio-medical waste came under the danger
zone of hazardous wastes substances. Finally after duly considering and making
necessary amendments in the Draft Rules, the Bio-Medical Waste (Management and
handling) Rules, 1998 (BMW Rules) finally came into operation with effect from
July 20 1998.
The
Transplantation Of Human Organs Act, 1994
This Act was passed to provide for
the regulation of removal, storage and transplantation of human organs for
therapeutic purposes and for the prevention of commercial dealings in human
organs and for matters connected therewith or incidental thereto.
A registered medical practitioner is
allowed transplantation of human organs in some cases. It is provided that,
1. Any donor may, in such manner and
subject to such conditions as may be prescribed, authorise the removal, before
his death, of any human organ of his body for therapeutic purposes.
2. If any donor had, in writing and in the
presence of two or more witnesses (at least one of whom is a near relative of
such person), unequivocally authorised at any time before his death, the
removal of any human organ of his body, after his death, for therapeutic
purposes, the person lawfully in possession of the dead body ofthe donor shall,
unless he has any reason to believe that the donor had subsequently revoked the
authority aforesaid, grant to a registered medical practitioner all reasonable
facilities for the removal, for therapeutic purposes, of that human organ from
the dead body of the donor.
3. Where any human organ is to be removed
from the body of a deceased person, the registered medical practitioner shall
satisfy himself, before such removal, by a person examination of the body from
which any human organ is to be removed, that life is extinct in such body or,
where it appears to be a case of brain-stem death, that such death has been
certified under sub-section (6) after strictly following the prescribed
procedure. Recently many shocking
incidents of kidney transplantations in blatant violation of these rules and
regulations has been noticed. The court has held that, “Transplantation and
registration certificate. Removal of kidney of a person who is not near
relative of patient is a violation of law and comes within the offence.
The
Explosive Substances Act, 1908
This act defines the explosives and
prescribes punishment for causing or attempting to cause explosion likely to
endanger life or property of any person unlawfully or maliciously.
The Fatal
Accidents, 1855
This Act provides for compensation to
families for loss occasioned by the death of a person caused by actionable
wrong. It is stated in section [1 A.] that, “Whenever the death of a person
shall be caused by wrongful act, neglect, or default, and the act, neglect or
default is such as would (if death had not ensued) have entitled the party
injured to maintain an action and recover damages in respect thereof, the party
who would have been liable if death had not ensued, shall be liable to an
action orfor damages, notwithstanding the death ofthe person injured, and
although the death shall have been caused undersuch circumstances as amount in
law to felony or other crime.”
The Arms
Act, 1956
The Indian Arms Act, 1878, was
intended to disarm the entire nation. Even after independence, the law
declaring “swords, daggers, spears, spear-heads, bow and arrows” as “arms” has
been allowed to continue unaltered on the statute book.
The rigours of the Arms Act and rules
there under continue to make it difficult for law abiding citizens to possess
firearms for self-defence whereas terrorists, dacoit-gangs and other
anti-national elements are using not only civilian weapons but also bombs,
hand-grenades, Bren-guns, Stenguns.
The
Narcotic Drugs And Psychotropic Substances Act, 1985
This Act to consolidates and amends
to law relating to narcotic drugs, to make stringent provisions for the control
and regulation of operations relating to narcotic drugs and psychotropic
substances(to provide for the forfeiture of property derived from, or used in,
illicit traffic in narcotic drugs and psychotropic substances, to implement the
provisions of the International Convention of Narcotic Drugs and Psychotropic
substances)and for matters connected therewith. Section 27 of the principal
Act, is substituted, by deterrent Punishment for consumption of any narcotic
drug or psychotropic substance. Whoever consumes any narcotic drug or
psychotropic substance shall be punishable:
(a) where the narcotic drug or psychotropic
substance consumed is cocaine, morphine, diacetyl-morphine or any other
narcotic drug or any psychotropic substance as may be specified in this behalf
by the Central Government by notification in the Official Gazette, with
rigorous imprisonment for a term which may extend to one year, or with fine
which may extend to twenty thousand rupees, or with both; and
(b) where the narcotic drug or psychotropic
substance consumed is other than those specified in or under clause (a), with
imprisonment for a term which may extend to six months, or with fine which may
extend to ten thousand rupees, or with both.”.
Juvenile
Justice (Care And Protection Of Children) Act, 2000
The constitutional mandate, in
several provisions, such as clause (3) of article 15, clauses (e) and (f) of
article 39, articles 45 and 47, imposes on the State, a primary responsibility
of ensuring that all the needs of children are met and that their basic human
rights are fully protected; Considering the obligations underthe Convention on
the Rights of the Child emphasizing social reintegration of child victims, to
the extent possible, resorting to judicial proceedings; Indian Government has
re-enacted the existing law relating to juveniles bearing in mind the standards
prescribed in the Convention on the Rights of the Child, the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (the
Beijing Rules), the United Nations Rules for the Protection of Juveniles
Deprived of their Liberty (1990), and all other relevant international
instruments
The Drugs(Control) Act, 1950.
AnAct provides forthe control of the
sale, supply and distribution ofdrugs by fixing of maximum prices and maximum
quantities which may be held or sold.lt creates restrictions on sale, etc.
where maximum is fixed under Sec. 4. It also lays down Prohibition or regulation
of the disposal of drugs.
The Drugs And Cosmetics Act, 1940
This is an Act to regulate the
import, manufacture, distribution and sale of drugs [and cosmetics] The
Legislatures of all the provinces have passed resolutions in terms of section
“cosmetic” means any article intended to be rubbed, poured, sprinkled or
sprayed on, or introduced into, or otherwise applied to, the human body or any
part thereof for cleaning, beautifying , promoting attractiveness, or altering
the appearance, and includes and article intended for use as a component of
cosmetic. All medicines for internal or external us of human beings or animal
and
all substances intended or prevention
of any disease or disorder in human beings or animals, including preparations
applied on human body for the purpose of repelling insects like mosquitoes.
The Drugs
And Magic Remedies (Objectionable Advertisements) Act, 1954
This Act aims to control the
advertisement of drugs in certain cases, and prohibits the advertisement for
certain purposes of remedies alleged to possess magic qualities.[13]
“Advertisement" is defined to
include any notice, circular, label, wrapper or other document, and any
announcement made oraliy or by any means of producing or transmitting light,
sound or smoke. “magic remedy” includes a talisman, mantra, kavacha, and any
other charm of any kind which is alleged to possess miraculous powers for or in
the diagnosis, cure, mitigation, treatment or prevention of any disease in
human beings or animals or for affecting or influencing in any way the
structure or any organic function ofthe body of human beings or animals.
Maternity
Benefits Act, 1961
The Maternity Benefits Act, 1961,
regulates the employment of women in certain establishments for certain periods
before and after childbirth and provides for maternity benefit etc. It also
covers the situations of miscarriage (section 9) death and tubectomy (section
9A). Employment of a woman in any establishment is prohibited for the period of
six weeks preceding delivery (section 4). During the above period, the woman
herself is prohibited from working(section 4). For this period, she must be
paid usual wages (section5(1)).Besides this, there is a prohibition against the
woman being required to do arduous work or work involving long hours of
standing or work likely to interfere with her pregnancy or with normal
development of the child (section4(3)), during the specified period-usually,
one month preceding the period of six weeks before the date of expected
delivery (sections 5(3) and 5(4)).
Medical
Termination Of Pregnancy Act, 1971
Before 1971, Casing a woman to
miscarry was an offence under section 312 of the Indian Penal Code. There was
an exception for cases where the act was committed to save the woman’s life.
After 1971, the Medical Termination of Pregnancy Act prescribes rules in this
regard. The Act permits abortion in a number situations, subject to the
observance of certain safeguards.[14]
The Pre-Conception And Pre-Natal Diagnostic Act 1994
An Act to provide for the prohibition
of sex selection, before or after conception, and for regulation of pre-natal
diagnostic techniques for the purposes of detecting genetic abnormalities or
metabolic disorders or chromosomal abnormalities or certain congenital
malformations or sex-linked disorders and for the prevention of their misuse for
sex determination leading to female feticides. The rules are framed under this
Act to provide for the regulation of the use pre-natal diagnostic techniques
for the purpose of detecting genetic abnormalities or certain congenital
malformations or sex-linked disorders and for the prevention of the misuse of
such techniques for the purpose of pre-natal sex-determination leading to
female foeticide, and related matters.[15]
The Pre-Natal Diagnostion Techniques (Regulation And
Prevention Of Misuse) Rules. 1996
It contains mandatory Conditions for
conducting pre-natal diagnostic procedures. This is an Act to provide for the
regulation of production , supply and distribution of infant milk substitutes,
feeding bottles and infant foods with a view To the protection and promotion of
breast-feeding and ensuring the proper us of infant foods and for matters
connected therewith or incidental thereto.
Workmen’s Compensation Act, 1923
This Act provides for the payment by
certain classes of employers to their workmen of compensation for injury by
accident under section 3.[16]
The Indian Fisheries Act, 1897
This Act makes a few provisions for
preventing water pollution causing danger to sea life under section 4[17].
The Protection Of Women From Domestic Violence Act, 2005
a)
The
objects and reasons clause states that, “Domestic violence is undoubtedly a
human rights issue and serious deterrent to development. The Vienna Accord of
1994 and the Beijing Declaration and the Platform for Action (1995) have
acknowledged this. The United Nations Committee on Convention on Elimination of
All Forms of Discrimination Against Women (CEDAW) in its General Recommendation
No. XII (1989) has recommended that State parties should act to protect women
against violence of any kind especially that occurring within the family.
b)
The
phenomenon of domestic violence is widely prevalent but has remained largely
invisible in the public domain. Presently, where a woman is subjected to
cruelty by her husband or his relatives, it is an offence under section 498A
ofthe Indian Penal Code. The civil law does not however address this phenomenon
in its entirety.
c)
It
is, therefore, proposed to enact a law keeping in view the rights guaranteed
under articles 14, 15 and 21 of the Constitution to provide for a remedy under
the civil law which is intended to protect the woman from being victims of
domestic violence and to prevent the occurence of domestic violence in the
society. This Act is passed to provide for more effective protection of the
rights of women guaranteed underthe Constitution who are victims of violence of
any kind occurring within the family and for matters connected therewith or
incidental thereto.[18]
It
defines the terms like, “domestic relationship”, “shared household” and
Domestic Violence .It defines the expression “domestic violence” to include
actual abuse o rthreat or abuse that is physical, sexual, verbal, emotional or
economic. Harassment by way of unlawful dowry demands to the woman or her
relatives would also be covered under this definition, It provides for the
rights of women to secure housing. It also provides fo rthe right of a woman to
reside in her matrimonial home or shared household, whether or not she has any
title or rights in such home or household. This right is secured by a residence
order, which is passed by the Magistrate. The Act empowers the Magistrate to
pass protection orders in favour of the aggrieved person to prevent the
respondent from aiding or committing an act of domestic violence or any other
specified act, entering a workplace or any other place frequented by the
aggrieved person, attempting to communicate with her, isolating any assets used
by both the parties and causing violence to the aggrieved person, her relatives
or others who provide her assistance from the domestic violence. It also
provides for appointment of Protection Officers and registration of
nongovernmental organisations as service providers for providing assistance to
the aggrieved person with respect to her medical examination, obtaining legal aid,
safe shelter, etc.
Conclusion:
If we consider ‘health’ importing the
notion of well-being, the gamut would naturally be much more expansive and
realistic. In this approach, the focus would not only be on the individual but
also essential facets like environment will be taken into consideration. The
factors that are essential and facilitating, will form part of such
understanding. To include the living, food, environment, housing and host of
others. In view of these parameters , the approach must take within its fold
not only curative but also preventive and protective aspects of healthcare as
well. The framers of Indian constitution have made direct and provisions in
constitution for the protection of health. The various governments have also
framed health related legislations keeping in the needs of changing society.
Article Information
Health As A Legal Right in India (By: Pradip Kumar & Dr. Anupam Manhas)
Authors: Pradip Kumar, Dr. Anupam Manhas
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/07/30
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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