A person’s right to health is a core human right and is affected by state policy. This right is based on the guiding principles of state policy that are imposed on the states by the drafters of the Constitution Article 21 of the Indian Constitution deals with the right to life and also refers or refers to the right to health in its preface.
Table of Contents
The Indian Constitution’s right to health
The right to life and individual liberty is guaranteed by Article 21 of the Indian Constitution. The terms “life” and “personal liberty” are broad. This includes the right to a living wage, a higher quality of life, etc. The right to health is part of both life and individual liberty. To better understand this right, Article 21 of the Indian Constitution should be studied along with Articles 38, 42, 43 and 47.
The Supreme Court ruled in high-profile cases in Punjab and Orus states. v. Mohinder Singh Chawala said, “The right to health is inherent in the right to life.”
According to Section 23(1) of the Indian Constitution, trafficking in persons, begging or any other form of forced labor is illegal and punishable by law. Prostitution, a major driver of AIDS virus transmission, is the result of trafficking in women. In addition, this material indirectly promotes health. Article 24 prohibits children under the age of 14 from working in factories, mines or other hazardous environments. The constitutional provision to protect the health of children does just that. Engaging in such dangerous activities or working in factories and mines can make children feel uncomfortable and can contract various diseases.
. Workers’ health and endurance are dealt with in Section 39(e). States must ensure the well-being of workers and provide them with jobs suitable for their age and physical ability. Article 41 of the Indian Constitution obliges states to provide public assistance to the sick or disabled. According to this article, the state is supposed to provide and protect people with all kinds of diseases and disabilities. According to Article 42, the state is responsible for providing maternity leave or maternity benefits and must take all reasonable steps to protect the health of the baby. Article 47 establishes the State’s obligation to raise the standards of nutrition and living standards. The article also adds that states should seek to outlaw the use of intoxicating substances such as alcohol and harmful drugs.
PARMANAND KATARA VS UNION OF INDIA
ISSUE:
Whether the criminal process statute requires that the victim receive timely medical care without any formalities.
JUDGMENT:
The medical council shall distribute a copy of this order to all hospitals and medical colleges so that they may abide by it rigorously, the court said, adding that physicians should treat every victim without delay and quickly. so that we can save the lives of many of our citizens who perish in accidents due to a lack of prompt medical attention.
Suggestions and Conclusion
It is clear from the content that the right to health is part of the right to life, just as the Indian Supreme Court interpreted it as part of the right to life and made it fall under Article 21 of the Constitution. The right to life is within the scope of the right to life. There is also a part of health and healthcare. Therefore, the state has obligations to fulfill. Poverty is so prevalent in India that people do not have access to healthcare, so despite improvements in healthcare, the impact on the country’s development remains minimal. Therefore, the nation’s first responsibility is to eradicate poverty, enforce laws, and improve health services before looking to health care. As a superpower, India has all the resources available but lacks proper implementation. Public and private health sectors therefore have a responsibility to work together, and even non-governmental organizations need to get involved to improve the state of health care. The International Health Organization can not only fund India’s health needs, but also provide tools for people to improve their health knowledge. Governments must prioritize changing existing laws and regulations to adapt to the current situation. Primary health care, health care and prompt treatment of the injured in emergencies are part of the right to health. It is necessary to review the current medical system and create new services that meet the wishes of the people. Legal intervention is required here. Maternity benefits should be distributed more widely. Governments should work to raise awareness and make health education free.
The right to health is being violated due to lack of public knowledge. Everyone should follow minimum health standards. Governments should put their plans into action, especially for those living in poverty. You should be lucky enough to get medical benefits and free medical care. The right to health is guaranteed by Article 21 of the Indian Constitution, but the government needs to take this issue seriously and make this right an integral part of the Constitution. Therefore, in order to maintain the validity of the right to health, States have a duty to uphold the true meaning of the right to health.
Written By- Manvir Singh
Lovely Professional University
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