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Right to health as a fundamental right in India: A critique

By: Malik, Lokendra.
Material type: materialTypeLabelArticlePublisher: 2011Description: p.317-319.Subject(s): Health services - India | Right to health - India | Right to health In: Indian Journal of Public AdministrationSummary: Provision of adequate health care facilities for the people is an essential obligation upon the government in a welfare state like India. The Apex court has also held that the right to live with human dignity is enshrined in the Article 21 of the constitution, which derives its life and breath from the Directive Principles of State Policy particularly Article 39 (e) & (f) and 41 and 42 and would therefore include protection of health as envisaged in the directives. This connotation of right to life is wholly justified, for, without health of a person being protected and his well-being looked after, it would be impossible for him to enjoy other fundamental rights. From time to time courts have provided redressal by a meaningful and just interpretation and the right to life and commanding enforcement of the duties of a welfare state. - Reproduced.
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Articles Articles Indian Institute of Public Administration
Volume no: 57, Issue no: 2 Available AR93089

Provision of adequate health care facilities for the people is an essential obligation upon the government in a welfare state like India. The Apex court has also held that the right to live with human dignity is enshrined in the Article 21 of the constitution, which derives its life and breath from the Directive Principles of State Policy particularly Article 39 (e) & (f) and 41 and 42 and would therefore include protection of health as envisaged in the directives. This connotation of right to life is wholly justified, for, without health of a person being protected and his well-being looked after, it would be impossible for him to enjoy other fundamental rights. From time to time courts have provided redressal by a meaningful and just interpretation and the right to life and commanding enforcement of the duties of a welfare state. - Reproduced.

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