TOPIC: RIGHT TO HEALTH UNDER THE CONSTITUTION

OF INDIA
-BY H.G KULKARNI
Introduction
This article is written by H.G Kulkarni. He is the principal of sinhgad law college, Pune.
World health organization defines 'Health' as "state of complete physical, mental and social
well-being and not merely the absence of disease or infirmity." This definition focuses on
total well-being of a person and just not only on absence of disease. Right to health is not a
mentioned right under part III of the constitution, however various judicial judgments has
held it to be fundamental right under article 21. Directive principles is a ideal thing that
government should keep in mind before formulating policies or passing the laws.
Summary of the article
Article 24 states that no child below the age of 14 can be employed in any mine, factory or
any other hazardous employment. Prohibition of child labour under article 24 is restricted
only to mines, factories and hazardous employment, because the economic condition in India
force the children to work to support their families.it is the duty of union of India, Delhi
administration and the Delhi development authority to make sure that the contractors under
Asiad projects obey the constitutional obligation. With the help of article 42 the Supreme
Court declares that, maternity leave is for every working women without classifying them on
the grounds of regular and irregular workers. Maintaining and improving the public should be
the top priority of every country. Betterment of public health will lead to better society.it is
the duty of state and individuals to protect the environment in order to develop public health.
 Entry 6 of state list: the state can reduce the use of sound amplifier in public areas as
it causes damages to tranquillity, health and comforts of others.
 Entry 8 of state list: it is related to production, manufacture, possession, transport,
purchase and sale of intoxicating liquors.it may cause serious effects on health of
individuals. The power included under this entry is it can impose total or partial
prohibition in the state.
 Entry 16 of concurrent list: this includes the treatment and care of mentally ill
persons.
 Entry 18 of concurrent list: to prevent food adulteration in the country and to rescue
humans from danger.
 Entry 19 of concurrent list: passes laws to control production, trade and use of
harmful drugs which is harmful to human health.
 Entry 23 of concurrent list: it includes insurance against industrial accidents, sickness
and related things.
RIGHT TO HEALTH UNDER ARTICLE 21
In various decisions given by the supreme courts it has uphold the fact that right to health is a
fundamental right under article 21 of the constitution.
 Various aspects of 'right to health'.
1. Medical reimbursement.
It is observed in the case state of Punjab v. Mohinder Singh Chawla that if the
government servant suffers from a disease which requires special treatment then it is the
duty of government to take care of all the expenditure incurred by the government
servant. The expenditure also includes the room rent of the hospital.
2. Workers right to health.
In the case of consumer education and research Centre v. union of India, it is made clear
that every worker is liable for continued treatment while in service or after retirement as
 it the moral, legal and constitutional duty of the employer and state. The state is allowed
to take all the action which will promote health and strength of workman during the
period of employment.
3. Compensation for medical negligence.
Article 21 of the Indian constitution specifies right to health as a fundamental right.
This means everyone has the right to seek medical help irrespective of their social,
cultural, economic background. In case, the hospital fails to follow the rules, and is
reported, then the court charges strict compensation by the hospital to the victim.
Balram prasad v. Kunal Saha case has set an example to the above mentioned issue.
4. Right to immediate medical aid in emergency.
In Parmanand Katara v. union of India, it is provided that every individuals has a right
to get treated in emergency whether he be an innocent person or criminal liable to
punishment.
Every doctor must be ready to extend medical assistance for preserving life.no law or
state action can interfere or stop the doctor from discharging his medical duties.
5. Affirmative decisions.
In paschim banga khet mazdoorsamity v. state of west Bengal case, the supreme issued
following directions to all states including west Bengal:
 Adequate facilities should be made available at the primary health Centre where the
patient can be given immediate primary treatment.
 Hospitals at the district level and sub-division level should be upgraded so that serious
cases can be treated there.
 In order to ensure availability of bed in an emergency at state level hospitals there
should be a centralized communication system so that the patient can be sent
immediately to the hospital where bed is available.
 Proper arrangement of ambulance should be made for transport of a patient from the
primary health Centre to the district hospital or sub-division hospital and then to the
state hospital.
6. Right to be told of HIV status of the person with whom marriage proposed.
The person affected with HIV+VE have to inform the other person he/she is
marrying.as HIV is communicable disease, it is the right of other person to know about
it. But in such cases there is clash between two fundamental rights. The first right is
right to privacy of person suffering from HIV disease and the other right is right to
leave peaceful and healthy life.
MY VIEWS ON RIGHT TO HEALTH.
Right to health is the most necessary right that should be given to every individual.it is only
when the people of the country are healthy the country can completely develop on social and
economic bases. The government should make sure that these rights are also enjoyed on large
bases because every right under the constitution can be enjoyed by every individual. So it is
the duty of the state to make sure everyone is treated equally before the law.
CONCLUSION
Drafters of constitution were aware of the health status in India. This can be seen through
various parts of constitution like fundamental rights, directive principles of state policy,
fundamental duties, panchayats and municipality systems and legislative distribution of
powers in the three lists of seventh schedule. All this directs the state to take measures to
improve the health condition of people. Responsibility for good health does not belong only
to government but it is also the responsibility of the citizen to share their efforts to achieve
right to health.