Constitutional Mechanism And Judicial Initiative For Right To Health

Mr. Gaurav Bharti & Mr. Anuprash Rajat, Assistant Professor, School of Law, IFTM University, Moradabad

ABSTRACT

The Right to Health is a fundamental aspect of human rights, encompassing the right to access healthcare services and facilities necessary for the maintenance and improvement of one's well-being. In many countries, including India, the Right to Health is recognized as a constitutional right, embedded within the framework of fundamental rights. Constitutional safeguards play a crucial role in ensuring the protection and promotion of this right, while the judiciary serves as a vital mechanism for its enforcement and realization.

In India, the Right to Health finds its roots in various provisions of the Constitution, particularly Article 21, which guarantees the right to life and personal liberty. The Supreme Court of India has interpreted this right expansively to include the right to health and healthcare services. Additionally, the Directive Principles of State Policy enshrined in the Constitution place an obligation on the state to ensure the provision of adequate healthcare facilities for all citizens, further reinforcing the Right to Health.

The role of the judiciary in safeguarding the Right to Health is multifaceted. Firstly, it acts as a guardian of constitutional rights, ensuring that the government fulfills its obligations towards providing healthcare services to its citizens. Courts have often intervened in cases where individuals or communities are denied access to essential healthcare or where the healthcare system fails to meet minimum standards. Through public interest litigation and judicial activism, the judiciary has compelled governments to formulate and implement healthcare policies and programs aimed at achieving universal healthcare coverage.

Moreover, the judiciary plays a crucial role in interpreting laws and policies related to healthcare, ensuring that they are in line with constitutional principles and international obligations. This includes addressing issues such as equitable access to healthcare, quality of healthcare services, affordability of treatment, and protection of vulnerable populations.

Keywords: Healthcare, Vulnerable, Constitution, Populations, Judiciary.