Health Care Is Not A Privilege, It Is A Right

Dr. Koneru Anuradha*

A Brief Understanding about Constitutional Safeguards and Role of Judiciary in Promotion of Right to Health

“It is health that is real wealth and not pieces of gold and silver.”

– Mahatma Gandhi

ABSTRACT

The right to the enjoyment of the highest attainable standard of physical and mental health is a fundamental part of our human rights and also the apex court of India declared that right to health is a part and parcel in right to life and liberty under Article 21 of the constitution. At international level it was first articulated in the year 1946 by constitution of the World Health Organization (WHO). Later, in the year 1948 by Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights, 1966 it is clear that health is a human right and part of the right to an adequate standard of living. Since then, other international human rights treaties have recognized or referred to the right to health or to elements of it, such as the right to medical care etc. These initiatives have helped to clarify the nature of the right to health and how it can be achieved and more over it is also clear about States obligation with respect to ‘the right to health’. Here it is important to note that in several international conventions India is a participated as well as signatory party. By the Protection of Human Rights Act, 1993 there is a statutory acceptance to those covenants and human rights commissions are empowered to study treaties other international instruments on human rights and make recommendations for their effective implementation. In addition to this many times the Supreme Court of India cited those covenants and recognized the right to health as a human right as well as integral part of fundamental right under Article 21 of the Indian Constitution. But, there is a continuous demand from different societies regarding ‘right to health’ should be fundamental right. Once again this demand became more popular and got focused by recent covid pandemic problems.

Keywords: Right to Health, Article 21, Health is a human right, Health is a Fundamental right, Indian Judiciary on right to health