INTRODUCTION

COVID-19 crisis in India has become deplorable with scores of people losing lives. It stands
unabated due to abject failure on the part of government in handling the situation. Countries all
across the world has flagged concern as prevailing spike in the transmission suggests the nearing
towards threshold of destruction because nobody is safe until everybody is safe. This pandemic
has not only accentuated the crippling medical infrastructure and its unpreparedness for such
unprecedented pandemic but also divulged how callous attitude by the government has
exacerbated the whole situation as it has important proactive role to play. There has been a gross
violation of right to life under article 21 of the Indian constitution as right to timely medical
treatment in government hospital is part of Article 21. The expeditious rise in covid-19 cases
with the advent of second wave has swamped the medical healthcare system, with people
gasping for oxygen and timely medical treatment.
RIGHT TO LIFE
Amidst the lethal second wave, the demand for oxygen has been exponentially on rise and failure
on the part of the government in supplying the oxygen has resulted in deteriorating the situation.
Patna High even court directs state Human Rights Commission to inspect covid hospitals as any
inactivity by states, within the meaning of Article 21 of the constitution of India, in rendering
adequate health care to its citizens, particularly during prevailing pandemic, would be a brazen
transgression of right to life under Article 21 of the constitution.
Deaths taking place of covid positive patients due to lack of oxygen is a gross violation of
Article 21 which is right to life and hence authorities should ensure sufficient oxygen.
Right to life is given in the article 21 of the constitution of India which deals with “no person
shall be deprived of his life or personal liberty except according to procedure established by
law.”
The Supreme Court in Maneka Gandhi v. Union of India, said that the ‘right to life’ as embodied
in Article 21 means something more, than mere animal existence and includes within its ambit
the right to life consistently with human dignity and all those aspects through which a man’s life
could be make meaningful, complete and worth living. The Supreme Court has held in a number
of cases that the Right to health and medical care is a Fundamental right protected under Article
21 because health is essential for making workmen's lives meaningful and purposeful, as well as
consistent with personal dignity.
Shortage of Oxygen, bed availability and other healthcare facilities which directly violates
Article 21 of Constitution of India because Supreme court held that in the case of Paschim
Bangal Khet Mazdoor Samity & Others v/s State of West Bengal & Others that “Article 21
imposes an obligation on the State to safeguard the right to life of every person. As a result,
the preservation of human life is of utmost importance. The State-run hospitals and the
medical officers who work there are obligated to provide medical assistance in order to save
lives. A Government hospital's failure to provide timely medical care to a person in need of
such treatment constitutes a violation of his right to life as guaranteed by Article 21.”
Further emphasized, in the case of State of Punjab v/s Ram Lubhaya Bagga, (1998) the Supreme
Court held that providing healthcare is a constitutional duty of the state, which is the primary
obligation under Article 21 read with Article 47 of the constitution.
HUMAN RIGHT
Recently, Allahabad high court elicited a strong reaction by terming the death of COVID patient
due to shortage of oxygen, a criminal act not less than a genocide by those who have been
entrusted the task to ensure continuous procurement and supply chain of the liquid medical
oxygen.
India is a party to the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights. The Supreme Court in People’s Union for
Civil Liberties v. Union of India held that Article 21 of the Constitution of India in relation to
human rights has to be interpreted in conformity with international law.

Human rights law also talks about the right to life under Article 2 of the European Convention on
Human Rights (ECHR): the right to life (which includes an obligation on the State to make
regulations compelling public and private hospitals to adopt appropriate measures for the
protection of their patients’ lives).

CONCLUSION
As the preceding examples demonstrate, there is a case to be made that Article 21's right to life
contains a right to health and medical care. Delays in action, a lack of adequate capacity, and a
lack of investment in this pandemic, as well as previously, have been a flagrant violation of
Indian citizens' fundamental rights.