Malavika PT & Deesha Nahar P, Tamil Nadu DR Ambedkar Law University, School of Excellence in Law
ABSTRACT
“To deny people their human rights is to challenge their very humanity.” This was once said by the former President of South Africa Mr. Nelson Mandela. Health is a human right. In order to exercise other human rights, first one must have access to health. Every person has the right to have the best possible level of health that allows them to live life with honor. According to Article 25(1) of Universal Declaration of Human Rights “Everyone has the right to an adequate standard of living, which includes food, clothing, housing, medical care, and necessary social services. They also have the right to security in the event of unemployment, illness, disability, widowhood, old age, or other lack of livelihood due to factors beyond their control.”. The realization of the right to health may be pursued via a variety of complementary strategies, including the creation of health policies, the implementation of health programmes created by the World Health Organisation, or the adoption of particular legal instruments. Moreover, the right to health also has several elements that can be enforced by the law. In India, the legal system has played a major role in recognising the right to health as a component of Chapter III of the Indian Constitution, which oversees the other essential rights protected by the same law. In accordance with international standards, the State has been organized to provide its citizens with the highest possible health measures. This research paper aims at two objectives, the first one is up to what extent the right to health comes under Article 21 of the Indian Constitution and the second one is whether development of the state deprives the right to health of a citizen. The Article 21 of the Indian Constitution protects the right to health, and both the Supreme Court and the High Courts have frequently used their respective prerogatives under Articles 32 and 226. These choices are encouraged even though they might be viewed as legal overreach. The state's directive principles are close by, which emphasizes their importance and the state's obligation to act in accordance with them.
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