This PPT will give you details About how the Indian Constitution deals with the Provision of Right to Health as it is not mentioned in any Article of Constitution but it is implied in Constitution
2. Health as Human Right
• The right to health is an inclusive right.
• Right with access to health care and the building of
hospitals, but extends further.
• Safe drinking water and adequate sanitation
• Safe food
• Adequate nutrition and housing
• Healthy working and environmental conditions
• Health-related education and information;
• Gender equality.
3. Health as Human Right
• The right to health contains freedoms include
• right to be free from non-consensual medical
treatment such as medical experiments and
research
• forced sterilization
• be free from torture and other cruel
• inhuman or degrading treatment or punishment.
4. Health as Human Right
• The right to health contains entitlements.
• The right to a system of health protection providing
equality of opportunity for everyone to enjoy the
highest attainable level of health
• The right to prevention, treatment and control of
diseases
• Access to essential medicines;
5. WHO Guidelines to State
•The state’s legal obligation to ensure
uniform access to
•Timely
•Acceptable
•And Affordable Health Care Of
Appropriate Quality
6. WHO Guidelines to State
• To Provide For The Underlying Determinants
Of Health
• Safe And Potable Water
• Sanitation
• Food
• Housing,
• Health-related Information And Education
• And Gender Equality” To All Its People.
7. CONSTITUTIONAL
PROSPECTIVE
• In Preamble Of Constitution
• In Part III i.e Fundamental Rights
• In Part IV i.e Directive Principles of State Policy
• In Part IV A i.e Fundamental Duties
• In Schedule XI and XII i.e PanchayatiRaj and
Municipalities
8. Preamble Of Constitution
• Concept Of Democratic Socialism
• Social Justice
• absence of socially privileged classes in the society and
no discrimination against any citizen on grounds of
caste, creed, color, religion, gender or place of birth.
India stands for eliminating all forms of exploitations
from the society
• Equality
• the absence of special privilege to any section of
society, and the provision of adequate opportunity of
all the individuals without any discrimination
9. Fundamental Rights
• Art 14- Equality Before Law
• Art- 15- Prohibition of Discrimination
• Art- 21- Protection of Life And Personal Liberty.
• Art- 23- Prohibition of Human Trafficking and Forced
Labour
• Art- 24- Prohibition of Child Labour
10. Protection of Life And Personal
Liberty- Case Laws
Francis Coralie Mullin vs The Administrator,
Union Territory of Delhi AIR 1981 746
• Right To Life Has A Very Broad Scope Which
Includes Right To Livelihood
• Better Standard Of Life
• Hygienic Conditions In The Workplace & Right
To Leisure.
11. Protection of Life And Personal
Liberty- Case Laws
Paschim Banga Khet Mazoor Samity v.
State of West Bengal (1996) 4 SCC 37
• the scope of Article 21 was further
widened
• as the court held that it is the
responsibility of the Government to
provide adequate medical aid to every
person and to strive for the welfare of the
public at large.
12. Protection of Life And Personal
Liberty- Case Laws
Bandhua Mukti Morcha v. Union of India
AIR 1984 SC 812
• the Supreme Court held that although the
DPSP are not binding obligations but hold
only persuasive value should be duly
implemented by the State.
• the Court held that dignity and health fall
within the ambit of life and liberty under
Article 21.
13. Protection of Life And Personal
Liberty- Case Laws
Consumer Education and Research Centre
V. Union of India AIR 1995 SC 922
• held that right to health and medical aid
to protect the health and vigor of a
worker
• both while in service and post-
retirement, is a fundamental right under
Article 21.
14. Protection of Life And Personal
Liberty- Case Laws
Burrabazar Fire Works Dealers Association
and Others v. Commissioner of Police,
Calcutta AIR 1998 Cal. 121
• held that Article 19 (1) (g) does not
guarantee any freedom which is at the
cost of the community’s safety, health
and peace.
