Open Access Research Article
CONSTITUTIONAL MANDATE OF RIGHT TO HEALTH
Published Paper
Article Details
CONSTITUTIONAL MANDATE OF
RIGHT TO HEALTH
AUTHORED BY - PREETHI ARUMUGAM
ABSTRACT[1]
“Health care is not a privilege. It's a right. It's a right as
fundamental as civil rights. It's a right as fundamental as giving every child
a chance to get a public education.”[2]
---Rod Blagojevich
It is not new that the
right to health is one of the most essential and basic rights of the humans.
Health plays an invaluable part in the life of every human. With having such
paramount background, the constitutional protection of right to health becomes
necessary. Health as a human right includes access to food, clothing, medical
services, clean environment, humane working conditions. Healthcare as a human
right means that all the hospitals, clinics must be easily accessible and the
services of the doctors must be easily available to the people whenever needed
on equitable basis. There are numerous judgments by the Supreme Court which has
held Right to heath as a fundamental right. This article focuses on bringing
the constitutional background of Right to Health and to trace the judgments
holding such aspect.
Key words: Healthcare, Health, Fundamental Right, Constitution
INTRODUCTION
Health is one of the
basic necessities of life. Health is nothing but the situation where the person
is free from all pain and disease. The definition which is widely accepted by
all is the one which is given by World Health Organisation (WHO).
“Health is a state
of complete physical, mental and social wellbeing and not merely the absence of
disease”[3]
This definition makes it
clear that health means physical, mental and social wellbeing of a person and
most importantly being free from all pain and disease. Further, the World Trade
Organisation (WTO) has played a pioneering role in the development of health
policies both at the national level and the global level with the objective of
securing high quality healthcare to the people.
With technological
developments going hike on one hand, the health of the people keeps on
degrading. To combat this, various schemes and policies have been introduced
with the objective of protecting the interest of the consumers. The
Constitution of India being a supreme law of the country, is expected to have
provisions with regards to the same for the protection of health of the
citizens. Further, the Supreme Court, being the guardian of all the rights, is
expected to play an active and significant role in upholding the health of the
consumers. Keeping all this in regards, the framers of the constitution has
rightly inserted the provisions relating to health in the Fundamental Rights
and Directive Principles of State Policy. Various international instruments
have also recognised the right to health.
Everyone has “the
right...to the enjoyment of the highest attainable standard of physical and
mental health”.[4]
“Everyone has the
right to a standard of living adequate for the health and well-being of himself
and his family, including food, clothing, housing and medical care and
necessary social services...”[5]
RIGHT TO HEALTH
The healthcare shall be
designed to have the following standards,
a. Availability – All the geographical areas
irrespective of being an urban or rural areas shall have adequate hospitals.
These hospitals shall have adequate infrastructural facilities to provide due
care to the patients. Also, proper equipment shall be available at the
hospitals and the healthcare professionals shall also be trained in such
aspect.
b. Quality – Apart from making the healthcare
services and adequate hospital infrastructure available to the people, it is
also highly important to have a check on the quality of the services being
rendered by the healthcare professionals. It shall be seen that such services
are rendered on time and are patient-centered and safe.
c. Access – Healthcare services offered shall
be universally accessible on an equity basis.
d. Non-Discrimination – The healthcare services shall be
offered by the medical professionals without any discrimination on an equitable
basis.
e. Transparency – The information and all the data
relating to their health shall be accessible without breaching their privacy.
f.
Accountability – The hospitals as well as the healthcare professionals shall be made
liable and accountable for the negligent and deficient services provided by
them.[6]
HISTORICAL BAKGROUND AND EVOLUTION OF INDIA’S HEALTH RIGHTS
Health rights in India
can be traced back to the early civilizations of Harappa and Mohenjo daro,
which revealed well-planned towns with baths and drainage systems when
excavated. Several indigenous medical systems have evolved over millennia,
emphasising the maintenance of health rather than the treatment of sickness[7].
Ayurveda and Yoga, two
Indian healing systems, place a greater emphasis on health maintenance than on
medical treatment. India has also assimilated various medically oriented
foreign systems of medicine, such as Unani, Allopathy, and Homeopathy. Despite
the fact that the various systems are often practised in isolation by their
practitioners, they are extremely complementary, for example, Allopathy for
communicable diseases and Ayurveda and yoga for ageing and lifestyle problems[8]. Modern
technology, on the other hand, has changed this, resulting in the
institutionalisation and urbanisation of health-care facilities in India.
In India, human rights
have long been championed and protected. Our Constitution was written with a
strong commitment to human rights in mind by our nation's founding fathers. The
difficulty facing our founding fathers in choosing the destiny of our country
was to establish a political system that would assure a free and independent
society as well as human dignity, freedom, and advancement[9].
Therefore, the guidelines
for national health planning were offered by a variety of committees. The
Indian government created these committees on a regular basis to examine the
existing situation of health and provide recommendations for future action. The
committees' recommendations are summarised below:
In 1940, the National
Planning Committee passed a resolution urging the merger of preventive and
curative functions, as well as the training of a large number of health staff,
based on the suggestions of the Sokheys Committee. The Bhore Committee, which
was founded in 1943, lay the groundwork for independent India's health-care
system. India's health-care system moved from a bureaucratic government-based
top-down strategy to a decentralised community-based bottom-up strategy once
the Panchayati Raj was founded. Mahatma Gandhi, the nation's father,
popularised and promoted this style many years ago.[10]
The Bhore Committee
(1943-1946) made the following recommendations:
•
Preventive,
promotional, and curative services must be integrated at all administrative
levels.
•
The
establishment of Primary Health Care Centres (PHC) in rural India to provide
comprehensive health care.
•
A
75-bed hospital for a population of 10,000 to 20,000 people should be located
in each PHC to operate as a supervisory, coordinating, and referral institution
for a population of 40,000 people in the long term (3 million plan).
•
It
also included a three-month required Community Medicine training programme, as
well as a review of medical education and research.
•
The
committee recommended that the country create National Health Service Programs[11].
The following are the
specifics of the Bhore Committee's long-term plan proposal:
The district health
scheme, commonly known as the three million plans, was to be organised in a
three-tier structure within 30 to 40 years, based on an average district
population. The main unit will be on the outskirts. A subset of these primary
units will be supervised by a secondary unit, which will have the dual role of
providing a more efficient type of health service at its headquarters while
also overseeing the work of these main units. The district's headquarters will
be outfitted with an organisation that includes all of the necessary facilities
for modern medical practise, as well as the supervisory staff in charge of the
district's health administration in its various specialised types of services.
1.
PRIMARY
UNIT
A 75-bed hospital manned
by six medical officers, including medical, surgical, and obstetrical and
gynaecological specialists, would treat every 10,000 to 20,000 individuals
(depending on density in different areas). At the hospital, there would be 20
nurses, three hospital social workers, eight ward attendants, three
compounders, and other non-medical professionals. Two medical officers and
public health nurses would give preventive health care and curative therapy to
patients in their homes. Sanitation inspectors and health assistants would aid
the medical team in their attempts to avoid and promote disease. At the very
least, three of the six doctors should be women. Twenty-five beds would be set
aside for medical difficulties, ten for surgical procedures, ten for
obstetrical and gynaecological treatments, twenty for infectious diseases, six
for malaria, and four for tuberculosis. This primary unit would have suitable
ambulatory support to link it to the secondary unit if the need for secondary
level care arose. Each province was given the flexibility to structure its
primary units however it thought fit for its people, but quality and
accessibility were not to be sacrificed[12].
2.
SECONDARY
UNIT
A secondary unit would
have no more than 30 primary units. A 650-bed hospital with 140 doctors, 180
nurses, and 178 other employees, including 15 hospital social workers, 50 ward
attendants, and 25 compounders, would be the secondary institution. The
secondary unit would manage the primary units' preventive and curative efforts
in addition to serving as a first-level referral hospital. Medical 150,
Surgical 200, Obstetrics and Gynaecology 100, Infectious Disease 20, Malaria
10, Tuberculosis 120, and Paediatrics 50 beds would be distributed among the secondary
unit hospital's 650 bed.
3.
DISTRICT
HOSPITAL
A 2500-bed hospital with
269 doctors, 625 nurses, 50 hospital social workers, and 723 other
professionals would be located in each district centre, mostly providing
tertiary care. 300 medical beds, 350 surgical beds, 300 obstetrics and
gynaecology beds, 540 tuberculosis beds, 250 paediatric beds, 300 leprosy beds,
40 infectious diseases beds, 20 malaria beds, and 400 mental health beds would
be available at the facility. Many of these district hospitals would be
affiliated with medical schools. Medical education and training activities,
such as internships and refresher courses, would be available at each of the
three levels. This statement placed a strong emphasis on primary health care.
Primary health care was later designated at the Alma-Ata Conference as a vital
approach for achieving Health for All (HFA) by the year 2000. The allopathic
medical system provided the foundation for the Bhore committee's approach.
Traditional health practises and indigenous systems of medicine, which had a
substantial impact and were a part of their socio-cultural context in rural
India, were left out of the Bhore committee's proposed model. The strategy was
top-down rather than completely decentralised. It did, however, provide a
ready-made model at the time of independence, and as a result, it was adopted
as a model for both health policy and the development of the country[13].
Before the end of the
second five-year plan (1956-61), the Government of India constituted the
"Health Survey and Planning Committee," The Mudaliar Committee
(1961), to assess the progress made in the health sector following the
submission of the Bhore committee report.
The following are the
committee's main recommendations:
•
As
the quality of health care provided by primary health centres improves, the
number of individuals served by these centres should be limited at 40,000.
•
•Providing
speciality services to district hospitals so that they can serve as a regional
centre.
•
Each
state has a regional organisation that sits between the headquarter and the
district, with a Regional Deputy or Assistant Director in charge of supervising
two or three district medical and health officials.
•
•An
All-India Health Service would be established on the model of the Indian
Administrative Service[14].
The Chaddah committee
(1964) proposed that
one basic health worker per 10,000 people be allocated to vigilance operations
via monthly house visits as part of the national malaria eradication effort.
These individuals were envisioned as multipurpose health workers with
additional tasks such as collecting vital statistics and family planning. The
family planning health assistant was to manage three or four of these basic
health workers.[15]
The Mukerjee
Committee,
established in 1965, advocated that family planning initiatives be handled by
separate personnel so that malaria programmes may receive undivided attention
from the workforce[16].
The Jungalwalla
Committee,
established in 1967, emphasised the integration of health-care systems and the
elimination of private practise by government physicians. Integrated health
services are defined as "a service with a unified strategy for all
problems rather than a segmented approach for all different problems,"
according to the definition. Sick care and a variety of public health
programmes are coordinated by a single administrator. The following are the
suggestions given by the committee:
•
No
private practise
•
Unified
cadre
•
Common
seniority
•
Recognition
of supplementary qualifications
•
Equal
pay for equal labour
•
Special
compensation for specialised work[17].
ASPECTS OF THE RIGHT TO HEALTH
1.
The Right
to Appropriate Medical Care
The right to health care
necessitates the provision of high-quality health facilities, goods, and
services, such as hospitals, doctors, and pharmaceuticals, to all people on an
equal footing. They must be accessible to all, respect dignity and various
needs, and function in an open and transparent manner. Preventive, creative,
palliative, and rehabilitative health services, as well as frequent screening
programmes, appropriate treatment of common ailments, illnesses, injuries, and
impairments, both physical and mental, and all essential medications, must be
provided by these establishments[18].
2.
The Right
to a Sufficient Supply of Water, Food, Nutrition, and Shelter
Equal access to the
underlying determinants of health, such as an appropriate quantity of food and
proper nutrition, safe and potable water, basic sanitation, and adequate
housing and living conditions, is required for everyone to be in good health[19].
The Right to a Sufficient Supply of Water, Food, Nutrition, and Shelter is also
an essential part of the Right to Health
3.
The Right
to a Healthy Workplace and a Healthy Environment
The right to a healthy
environment necessitates "the prevention and reduction of population
exposure to dangerous substances or other unfavourable environmental
circumstances that directly or indirectly damage human health," such as
air, water, and soil pollution. The right to a safe and healthy working
environment necessitates the implementation of "preventive measures in
relation to occupational accidents and diseases," as well as the reduction
of "causes of health hazards inherent in the workplace."[20]
4.
Maternal,
Child, and Reproductive Health Rights
The right to health
necessitates specific provisions for strengthening child and mental health,
sexual and reproductive health services[21],
and the treatment of diseases affecting women, as well as the elimination of
women's health risks and protection from domestic abuse[22].
5.
The Right
to Take Part in Health-Related Decisions
The encouragement of
effective community participation in "defining priorities, making choices,
planning, implementing, and evaluating ways to achieve better health" is
required by the right to health[23].
This includes participation in the “provision of preventive and curative health
services, such as the organization of the health sector, the insurance system
and, in particular, participation in political decisions relating to the right
to health taken at both the community and national level[24].”
6.
The Right
to Health-Related Information Access
This includes "The
promotion of medical research and health education, as well as information
campaigns, in particular with respect to HIV/AIDS [and other sexually
transmitted diseases], sexual and reproductive health, traditional practises,
domestic violence, the abuse of alcohol and the use of cigarettes, drugs, and
other harmful substances," according to the right to access health-related
information[25].
RIGHT TO HEALTH & PREAMBLE AND DIRECTIVE PRINCIPLES OF
STATE POLICY TO THE CONSTITUTION
The Constitution's
Preamble, which sets the tone for the Indian Republic, mentions social,
economic, and political justice, as well as equality of status and opportunity.
The right to life and personal liberty is guaranteed in the preamble of the
Indian Constitution, which tries to provide for a welfare state with
socialistic patterns of society under Article 21 of the Constitution. The
notion of democratic socialism attempts to enhance people's access to health
care. Parts III and IV of the Constitution also contain provisions that express
the socialist principle. When egalitarian ideals are implemented, rights are
recognised, and each individual's dignity is upheld, the result is a socialist
society[26].
Article 38 of the Indian Constitution imposes a
responsibility on states to guarantee a social order in order to promote the
welfare of the people, but we cannot achieve this without public health. It
means that people's welfare is difficult to achieve without public health.
Article 39(e) dealt with workers' health
protection.
Article 41 established a duty on the state to
provide public aid, primarily to the sick and disabled.
Article 42 establishes a maternity benefit to
protect the infant's and mother's health.
In India, Article
47 of the Directive Principle of State Policy says that it is the
state's main job to improve public health, make sure that justice is done, and
make sure that workers are treated well. Also, it is the state's job to make
sure that people don't drink or do drugs that are harmful to their health. Article
48A says that the state must try to protect and enforce a clean
environment for people's health.
Article 47 states that one of the state's key
responsibilities is to promote the nutrition and standard of living of its
people, as well as public health. Because our materialistic means are few and
the claimants are numerous, none of these lofty aspirations can be realised
without managing pollution[27].
Since the Food
Corporation of India is a government agency, it must follow both the letter and
the spirit of Article 47. To improve public health, it shouldn't
let food grains that don't meet standards get on the market. Article 47 says
that the government has to protect poor people who eat food that isn't up to
par from harmful effects[28].
In a welfare state, it is the responsibility of the government to make and keep
conditions that are good for health.[29]
The state's policies
should be geared at ensuring the health of workers in particular[30].
The state established village panchayats and granted them the necessary powers
and authority to function as self-governing bodies[31].
Article 41 says that sick or disabled people
have the right to help. It talks about "The state shall, within the limits
of its economic capacity and development, make effective provisions for the
right to work, to education, and to public assistance in case of unemployment,
old age, sickness, disability, and other cases of undeserved want." It's
easy to see what they mean for health. Article 42 gives the state
the same power as Article 48A to make sure people have fair and
humane working conditions, get help during pregnancy, and protect the
environment. Article 51A .(g). gives the same obligation to
every Indian citizen[32].
RIGHT TO HEALTH UNDER FUNDAMENTAL RIGHTS AND FUNDAMENTAL
DUTIES
The right to health is a
part of the right to life, which Article 21 of the Constitution
says is a basic right for all people. The Supreme Court has given the right to
health a name through different ways of interpreting it. The Constitution of
India says that everyone has the right to life and personal freedom, which
includes the right to health.
Protection of Life and
Personal Liberty (Article 21) deals with the idea that "no one shall be
deprived of his life or personal liberty except in accordance with the
procedures set by law." The right to live means more than just the ability
to stay alive, and it includes the right to live with human dignity and
respect. In a number of cases, the Supreme Court has said that the right to
health and medical care is a fundamental right protected by Article 21. This is
because health is a key part of a meaningful, purposeful, and dignified life at
work[33].
In a landmark decision in
Parmanand Katara v. Union of India & others the Supreme
Court said that every sector, whether at a government hospital or somewhere
else, has a professional duty to protect life with its services. No law or
other action by the government can stop or slow down doctors from fulfilling
their most important duty. The obligation prescribed under the Fundamental
Rights is total and absolute[34].
Article 21 of the Indian
Constitution gives the right to health legal standing in India. "No one
shall be deprived of his life or personal liberty except in accordance with
legal procedure," states Article 21. In the case of Consumer
Education & Research Centre v. Union of India and others, the
Supreme Court of India correctly emphasised that the right to life does not
imply simple animal existence or continual drudgery throughout one's life. The
right to a clean and healthy environment is part of the right to life[35].
In the case of Paschim
Banga Khet Mazdoor Samiti v. State of West Bengal, the
Supreme Court reiterated the importance of access to primary healthcare. In
this example, a train accident victim was denied care owing to a lack of
resources, and he was eventually treated in a private hospital, but died as a
result of the delay. The Supreme Court ruled that the state must provide
required primary healthcare, and that the lack of funds cannot prevent the state
from fulfilling its obligations[36].
Article 21 makes the
state responsible for ensuring that everyone's right to life is protected. As a
result, the preservation of human life is of crucial importance. The state-run
hospitals have a legal obligation to provide medical help in order to save
lives. Failure by a government hospital to give timely medical treatment to a
person in need of such treatment is a violation of Article 21's right to life.
In the case of serious medical cases, the Court issued supplementary guidance:
a. Appropriate facilities at public
health clinics be provided so that the patient can receive basic care and have
his condition stabilised.
b. Hospitals at the district and
sub-divisional levels should be renovated to allow for the treatment of
critical cases.
c. Specialist treatment facilities
should be expanded, and hospitals at the district and sub-divisional levels
should be equipped to meet the expanding demand.
d. In order to assure bed availability
in State level hospitals in the event of an emergency, a centralised
communication system should be in place so that the patient can be moved to the
nearest hospital with a bed available for the treatment required.
e. For transport of a patient from a
public health centre to a state hospital, proper ambulance arrangements should
be made.
f.
Ambulances
should be appropriately equipped and staffed with medical personnel.
In the case of Indian
Medical Association v. V.P. Shantha[37],
the Supreme Court made another significant ruling in favour of the right to
health. It was decided that providing medical services for a fee, whether
therapeutic or diagnostic, contributed to the definition of "service"
under the Consumer Protection Act of 1986. As a result, any medical
practitioner or facility found guilty of withholding treatment or delivering
substandard services may be held liable under the Consumer Protection Act.
Following a review of
previous case law, the Supreme Court's Constitution Bench in Navtej Singh
Johar and others Vs. Union of India[38]
determined that under Article 21 of the Indian Constitution, the right to
health and health treatment is one of the dimensions of the right to life. The
court concluded that "the right to life is worthless unless it is
accompanied by the protection of certain concomitant rights, including but not
limited to the right to health." The right to health is considered
important to a life of dignity and well-being, and includes, for example, the
right to emergency medical care and the right to public health maintenance and
improvement.
The Supreme Court
declared in Union of India vs. Moolchand Kharaiti Ram Trust[39]
that the state must provide basic requirements such as food, nutrition, medical
help, hygiene, and contribute to the improvement of health. According to the
decision in State of Punjab v. Mohinder Singh Chawla[40],
the right to life encompasses the right to health.
The High Court of Madhya
Pradesh concluded in Sushil Kumar
Patel v. Union of India[41] that Article 21 of the
Indian Constitution imposes an explicit obligation on the state to take
whatever actions are necessary to assure citizens' access to health facilities.
In this case, it also requires the state to ensure that all citizens infected
with Coronavirus disease have access to life-saving measures and treatments,
such as Oxygen and Remdesivir.
Article 23 has a tenuous connection to health.
Human trafficking is prohibited by Article 23(1). Women's trafficking is well
documented to lead to prostitution, which is a major role in the spread of
AIDS. "No kid under the age of 14 years should be employed to work in any
industry or mine or engaged in any other hazardous employment," according
to Article 24. As a result, this essay focuses on the importance of child health.
The right to health has been enlivened by the legal prohibition of marketed
human organ transplantation and the effective use of the Consumer Protection
Act to cope with defective medical services[42].
Article 25 protects the
right to profess and exercise religion to everyone, including non-Indians.
Religious denominations
are given special protection under Article 26. Both can be enjoyed by everyone
as long as they follow the rules of public order, morality, and health, as well
as the rest of the Constitution. The individual has the right to exercise these
liberties, but it must not infringe on the rights of others.[43].
With respect to the
Fundamental Duties, every person of India has a responsibility to
maintain and improve the natural environment, including forests, lakes, rivers,
and wildlife, as well as to have compassion for living creatures, according to
Article 51-A of the Constitution. It demonstrates that every citizen has a
fundamental responsibility to conserve and improve the natural environment,
which is linked to public health.
According to Article
243-W of the Constitution, the state legislature may invest
municipalities with such powers and authorities as may be necessary to enable
them to function as institutions of local self-government by legislation. This
power relates to subjects covered by the Twelfth Schedule, item 6, which
includes public health, sanitation, and solid waste management[44]
CONCLUSION
In a country like India,
where poverty is the fundamental concern of the political economy, recognizing
health care as a human right becomes really vital. The
poverty-stricken and other ignored groups usually encounter countless
challenges in accessing facilities, such as geographic boundaries, economic
constraints, cultural perceptions, absence of understanding and
information, and a substandard or unresponsive health system.
Numerous of the
aforementioned difficulties faced by the healthcare business in India are
solvable with digitalization existing or under development. However,
technological and medical advancements have substantially boosted its use. In
addition, the needs of the present generation of tech-savvy individuals must be
met expeditiously due to its convenience of use, efficiency gains, and
intelligent features. It has become time for the health care system, healthcare
department, practitioners that includes telemedicine into their medical
care services to safeguard the people' right to health in assuring access to
care.
[1] A.PREETHI, ASSISTANT PROFESSOR,
DEPARTMENT OF BUSINESS LAW, SCHOOL OF EXCELLENCE IN LAW, TNDALU
Contact No - 8870758273, Mail ID – preethiarumugam2015@gmail.com
[3] WORLD HEALTH ORGANISATION, https://www.who.int/about/governance/constitution (last visited June 19, 2022)
[4] International Convention on
Economic, Social and Cultural Rights, 1966, Article 12
[5] UN Declaration of the Human
Rights, 1948, Article 25
[6] Md. Baharul Islam, Right to
Health: A Constitutional Mandate, 3(3) IJARIIE 2395-4396 (2017).
[7] J. Healy & M. Mckee , Accessing
Health Care- Evolution of Health Services in India, 33(6) OXFORD UNIVERSITY PRESS 7, 256 ( 2004).
[8] Ibid
[9] Statement by Goolam E. Vahanvati, The Solicitor General of India, “Report of the Working Group on the
Universal Periodic Review of India”, Human Rights Council, Geneva, 10th April-
2008, http:// www.wilpf.int.ch.pdf. (last visited June 19, 2022)
[10] PEOPLE’S ARCHIVE OF RURAL INDIA, https://ruralindiaonline.org/en/library/resource/national-planning-committee-series-report-of-the-sub-committee-national-health/#:~:text=The%20Sub-Committee%20on%20National%20Health%20was%20chaired%20by,a%20Rajya%20Sabha%20member%20from%201952%20to%201956%29.
(last visited June 20, 2022)
[11] BHORE COMMITTEE (1943-1946), https://www.nhp.gov.in/bhore-committee-1946 (last visited June 19, 2022)
[12] Ibid
[13] Supra Note 68
[14] THE MUDALIAR COMMITTEE (1961), https://www.nhp.gov.in/mudaliar-committee-1962 (Last Visited Jun 20, 2022).
[15] CHADHA COMMITTEE (1963), https://www.nhp.gov.in/chadha-committee-1963_pg#:~:text=This%20committee%20was%20appointed%20under%20chairmanship%20of%20Dr.,the%20maintenance%20phase%20of%20National%20Malaria%20Eradication%20Programme (Last Visited Jun 20, 2022).
[16] MUKERJEE COMMITTEE (1965),
https://www.nhp.gov.in/mukherjee-committee-1965 (Last Visited Jun 20, 2022).
[17] JUNGALWALLA COMMITTEE
(1967), https://www.nhp.gov.in/jungalwalla-committee-1967 (Last
Visited Jun 20, 2022)
[18] U.N. Committee on Economic, Social and Cultural
Rights (CESCR), General Comment 14 (GC 14), Par 12
[19] Ibid
[20] U.N. Committee on Economic, Social
and Cultural Rights (CESCR), General Comment 14 (GC 14), Par 15
[21] U.N. Committee on Economic, Social
and Cultural Rights (CESCR), General Comment 14 (GC 14), Par 14
[22] U.N. Committee on Economic, Social
and Cultural Rights (CESCR), General Comment 14 (GC 14), Par 21
[23] U.N. Committee on Economic, Social and Cultural Rights (CESCR), General
Comment 14 (GC 14), Par 54
[24] U.N. Committee on Economic, Social and Cultural Rights (CESCR), General
Comment 14 (GC 14), Par 17
[25] U.N. Committee on Economic, Social
and Cultural Rights (CESCR), General Comment 14 (GC 14), Par 36
[27]Javed Vs State of Hryana, AIR 2003
SC 3057
[28] Tapan KumarVs FCI, (1996) 6 SSC
101
[29] Vicent Vs UOI, AIR 1987, SC 990
[30] The Constitution of India, Article
39(e), Acts of Parliament (India)
[31] The Constitution of India, Article
40, Acts of Parliament (India)
[32] The Constitution of India, Article
51 A(g), Acts of Parliament (India)
[33] Right to Health In India –
Constitutional Perspective, UJA (Jun 20, 2022, 9 18 PM) https://uja.in/right-to-health-in-india-constitutional-perspective/
[34] Parmanand
Katara v. Union of India. 1989 AIR 2039, 1989 SCR (3) 997.
[35] Consumer Education & Research
Centre V. Union of India and Others, AIR 1995 SC 922
[36] Paschim Banga Khet Mazdoor Samiti
V. State of West Bengal, AIR 1996 SC 2426
[37] Indian Medical Association v. V.P.
Shantha, AIR 1996 SC 550
[38] Navtej Singh Johar and others Vs.
Union of India (2018) 10 SCC 1
[39] Union of India Vs. Moolchand
Kharaiti Ram Trust (2018) 8 SCC 321
[40] State of Punjab v. Mohinder Singh
Chawla (1997) 2 SCC 83
[41] Sushil Kumar Patel v. Union Of
India W.P. No.20889/2020
[42] Supra Note 90
[43] Church of God in India v. K. K. R.
Majestic Colony Welfare Association (2000) 7 SCC 282
[44] Supra Note 90
Article Information
CONSTITUTIONAL MANDATE OF RIGHT TO HEALTH
Authors: PREETHI ARUMUGAM
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/02/24
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.