RIGHT TO HEALTH

Judicial Interpretation
HEALTH IS WEALTH!!!
• World Health Organisation - Defines “Health”

• UDHR - Article 25(1)

• International Covenant on Economic, Social & Cultural Rights - Article

12(1)

• International Convention on the elimination of all forms of Racial

Discrimination - Article 5(e) (iv)

• Convention on the elimination of all forms of Racial Discrimination against

Women - Article 11(1) (f), Article 12

• Convention on the Rights of the Child - Article 24

 MODI JI - Main aapki
maange puri karunga!!!
JANTA - Tumse NA HO
PAYEGA!!!
NAVEEN JI - Jai Jaganathh
 Constitutional Provisions

• Right to Health - A Fundamental Right, express or implied???

• Health as a subject matter NOT a part of the Union List -

Why??

• Public health is of utmost importance to the Govt at all levels.

• What is India’s preparedness to deal with a health emergency

given the Covid-19 pandemic?

• Qs. Which List (Entry) deals with “HEALTH” as a subject?

• Article 21 - Right to dignified life - Right to health

• Article 41

• Article 42

• Article 47

• Article 39 (e)

• Article 243 (g) read with 11th Schedule Entry 23

Right to Health & Medical Assistance

BACHAO!!!
 Case Laws

• Mahendra Pratap Singh v. State of Odisha

• Article 21 - Right to health comprises of providing
primary health care centres at grass root level.

• Ratlam Municipality v. Vardichand & Ors.

• Right to clean environment - Right to health
• Parmananda Katara v. UOI
• “Article 21 of the Indian Constitution casts the
obligation on the State to preserve life.”
• The concern of medico-legal cases was addressed in
this case by the SC.

• Paschim Bang Khet Mazdoor Samiti v.

State of West Bengal
• “Denial of medical aid (non-availability of beds in
hospitals) amounts to violation of right to life under
Article 21.”
 State of Punjab v. Mohinder Singh Chawla

• SC “Held that the right to life in Article 21 includes

the right to health and thus, the State employees are
entitled to reimbursement of medical expenses.”

• “The Govt has constitutional obligation to provide

health facilities.....to the govt servants medical
treatment while in service or after retirement.”
 Right to Health - workers/workmen
• Consumer Education & Research Centre (CERC)
v. UOI
• Kirloskar Brothers Ltd v. Employees State
Insurance Corporation Ltd.
• “The right to health & medical care is a FR under
Article 21 as it is essential for making the life of the
workman meaningful and purposeful with dignity of
person.”
• Under Article 21 “life” does not mean mere
animal existence.

• It has a wide scope which includes right to

livelihood, better standard of living, hygienic
conditions in workplace and leisure.
• Right to Privacy vis-a-vis Right to Health

• Mr. X v. Hospital Z - “Where there is a clash

between the two FRs, the right which would
advance public morality or public interest
would alone be enforced through the process
of court.”
Time for some suggestions!!!
 MEDICAL LAWS IN INDIA
• History :-
• The first ever code of medical ethics called the Hippocratic
oath was laid down 2500 years ago, in the 5th century BC,
by Hippocrates - the Greek physician. The modern version
of Hippocratic Oath called the declaration of Geneva,
devised by the WHO after the second world war and is
accepted by international medical fraternity. 
 In the mid 19th century
“Medicine” got recognized
in England, and it slowly
started having it’s impact
too in India!!!
• Following are some of the relevant health laws, their rules &
regulations that have been passed by both houses of Parliament
& help govern the Indian health ecosystem :-
1. The National Medical Commission Act 2019
2. Surrogacy Bill 2018
3. Mental Health Act 1987
4. The Transplantation of Human Organs Act & Rules
5. The Pharmacy Act 1948
6. Narcotic Drugs and Psychotropic Substances Act & Rules
7. Indian Medical Council Act 1956
8. The Medical Termination of Pregnancy Act
 Why GOD Why?!?!
MY BODY MY
WISH
ROE “I don’t give a
v. DAMN”
WADE