Right To Health In India: Constitutional Perspective

“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...”

-Article 25 of the UN Declaration of Human Rights

Health is an essential prerequisite for human beings and plays a vital role in national development. The right to health is an essential right, without which one cannot exercise its basic human rights.

WHO has given a widely acceptable definition of “health” in the preamble of its constitution; according to the World Health Organization[1], “health is a state of complete physical, mental, and social wellbeing and not merely the absence of disease.”

Through this definition, WHO has helped to move health thinking beyond a limited, biomedical, and pathology-based perspective to the more positive domain of “well-being.”. Also, by explicitly including the mental and social dimensions of wellbeing, WHO has fundamentally stretched the scope of health and, by extension, the role and responsibility of health professionals and their relationship to the larger society.

The Constitution of India is the supreme law of India; it aims to secure social, economic, and political justice. The Constitution of India does not categorically provide for the right to health as a fundamental right. The state is required under the Constitution to take action to enhance the quality of healthcare available to the public. The Directive Principles of State Policy are an expansion and elaboration of the preamble. Nonetheless, the state’s fundamental law protects individual liberties and advances the welfare of the country.

It is the duty of the state to provide an effective mechanism for the welfare of the public at large.

In spite of various health schemes and policies, the condition of healthcare is deteriorating beyond our control. The framers of the Indian Constitution have rightly mentioned various provisions regarding the health of the public. Additionally, the Supreme Court of India plays a vital role in safeguarding the general public’s health through a variety of rulings. The current issue shall be managed by the efficient application of laws passed in accordance with constitutional provisions. The fundamental right to health is not officially recognized by the Indian Constitution. However, a fundamental right to life and personal liberty is guaranteed under Article 21 of the Indian Constitution. In this article, “life” refers to a humane life, not just a life of survival or animal existence. Its definition is far broader and covers things like the right to a better standard of living, the workplace and leisure areas being hygienic, and more.

The Indian Constitution contains a number of provisions that address public health in general. To safeguard the general public’s health, the Indian Constitution’s founding fathers correctly included the Directive Principles of State Policy (DPSP).

Everyone has the right to the best possible level of physical and mental health, which includes access to all medical services, hygienic surroundings, enough food, appropriate housing, safe working conditions, and a clean environment. This is known as the human right to health. As a result, access to the provision of healthcare must be guaranteed without prejudice.

“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 7, 1948″

Right To Health Under Fundamental Rights

The right to Health an integral part of right to life which is fundamental for all human beings under Article 21 of the Constitution. The Supreme Court has given identification to right to Health vide different techniques of interpretation. Right to Health is also one of the rights, which is implied under right to life and personal liberty as guaranteed by the Constitution of India.

Article 21-Protection of Life and Personal Liberty

Article 25 and Article 26

Article 51- A

Article 243-W

Article 23

Right To Health In International Human Rights Law

International human rights treaties recognizing the right to health:

1. The 1965 International Convention on the Elimination of All Forms of Racial Discrimination: art. 5 (e) (iv)
2. The 1966 International Covenant on Economic, Social and Cultural Rights: art. 12

• The 1979 Convention on the Elimination of All Forms of Discrimination against Women: arts. 11 (1) (f), 12 and 14 (2) (b)

1. The 1989 Convention on the Rights of the Child: art. 24
2. The 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families: arts. 28, 43 (e) and 45 (c)
3. The 2006 Convention on the Rights of Persons with Disabilities: art. 25

Conclusion

The severe weaknesses in India’s healthcare system have been made clear by the pandemic.

The lack of legislation that upholds a fundamental right to health is a major contributing factor to India’s poor public health. In order to help India deal with the issues, it is necessary to establish the right to health as a fundamental right and to put it into practice within the parameters of legal mechanisms and the human rights principles of solidarity, proportionality, and transparency. Thus, it is imperative that the values of openness, proportionality, and solidarity be applied in the implementation of the right to health.

It is the need of the hour that the govt. should now focus on amendments to the current legislation and laws of India. The present health care services should be reviewed, and accordingly, new ones should be made with the involvement of the people.

Therefore, the importance of recognizing the right to health cannot be overstated. While it’s not explicitly stated in the Constitution, the World Health Organization considers health a fundamental human right. This implies that every individual, regardless of background, deserves access to the highest attainable standard of health. Despite the Supreme Court of India affirming the right to healthcare through various judgments, the state has not fully acknowledged its significance. The court’s broader interpretation of Article 21 has equated the right to health with the right to life, affirming its status as a fundamental right under the Indian Constitution.