Right To Health Inherent To Right To Life: Rajasthan HC
Right to Health Inherent to Right to Life: Explanation
The Right to Life under Article 21 of the Indian Constitution is a fundamental right guaranteed to every person. Over time, the Indian judiciary has expanded the scope of this right from merely “protection of life” to a more holistic concept which includes living with human dignity.
Right to Health is considered an integral part of this broader interpretation of the right to life. It means that the State is obligated to ensure the provision of healthcare, access to medical facilities, clean environment, and basic public health services as essential components of the fundamental right to life.
Rajasthan High Court’s Position:
The Rajasthan High Court has held that the Right to Health is inherent in the Right to Life under Article 21. This means:
The State has a positive obligation to provide adequate healthcare facilities to its citizens.
Denial or neglect of health services can be seen as a violation of the right to life.
Courts can intervene to ensure that the State fulfills its duty towards public health.
This principle extends to ensuring availability, accessibility, and affordability of healthcare.
The Court often deals with cases involving denial of medical treatment, lack of facilities in government hospitals, or inaccessibility of healthcare and reaffirms that such denial infringes upon the right to life.
Key Case Laws Supporting This Principle:
1. Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996) 4 SCC 37
The Supreme Court ruled that the right to life guaranteed by Article 21 includes the right to live with human dignity and all that goes along with it.
This includes protection of health and means of livelihood.
The State is under obligation to ensure public health.
2. Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42
The Court held that the right to health is a fundamental right under Article 21.
Public health is of utmost importance for the enjoyment of the right to life.
The State must take reasonable steps to protect public health.
3. State of Punjab v. Mohinder Singh Chawla (1997) 2 SCC 83
The Court observed that right to health is integral to the right to life.
Access to medical treatment and health care services is essential for dignified life.
4. Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42
Right to health means availability of health facilities and protection against public health hazards.
The government hospitals must provide proper medical care.
5. Pt. Parmanand Katara v. Union of India (1989) 4 SCC 286
The Supreme Court held that every person has the right to emergency medical treatment.
Neglecting medical aid violates the right to life.
How Rajasthan HC Applies These Principles:
In its judgments, the Rajasthan High Court has reiterated that:
Right to health care, including emergency treatment and preventive health, is essential for protecting the right to life.
Courts can order the State to provide medical treatment in cases of neglect or denial.
The State cannot abdicate its responsibility towards public health infrastructure.
Violation of right to health amounts to violation of Article 21.
Summary:
Right to Life (Article 21) is a living, evolving right which includes Right to Health.
Right to Health obligates the State to ensure adequate medical facilities and public health measures.
Rajasthan High Court, like the Supreme Court, recognizes this linkage firmly.
Denial of healthcare or medical negligence can be challenged as a violation of Article 21.
Courts have the power to enforce this right through directions and orders to the State.
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