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Right to health in India " An urgent need for express legal recognition"

  • Unique Paper ID: 172002
  • Volume: 11
  • Issue: 8
  • PageNo: 1619-1621
  • Abstract:
  • “Right to health” is a cornerstone of human dignity, enshrined in various constitutional provisions, international covenants, and judicial interpretations. This research explores the recognition, implementation, and challenges surrounding the right to health, with a particular focus on Article 21 of the Indian Constitution, which ensures the right to life and personal liberty1, encompassing the right to health. It further examines Article 25 of the Universal Declaration of Human Rights (UDHR)2 and Article 12 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR)3, both of which affirm health as a ‘fundamental human right’. The study delves into judicial interventions that have expanded the ambit of the right to health in India, analyzing landmark cases that demonstrate the judiciary's proactive role in interpreting constitutional guarantees. A comparative analysis with South Africa and Brazil highlights progressive legislative frameworks and policy implementations that provide valuable insights for India. South Africa's constitutional guarantee of the right to health and Brazil's innovative public health programs, such as its universal healthcare system, underscore the need for a similar explicit recognition in India. In conclusion, the paper advocates for the explicit recognition of the right to health in India's Constitution, alongside the establishment of robust legal and policy mechanisms to ensure equitable access to healthcare services. Suggestions include increased budgetary allocations, strengthening public health infrastructure, and fostering international cooperation to adopt best practices. By addressing these challenges, India can move closer to realizing the constitutional vision of justice and dignity for all citizens.
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Cite This Article

  • ISSN: 2349-6002
  • Volume: 11
  • Issue: 8
  • PageNo: 1619-1621

Right to health in India " An urgent need for express legal recognition"

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