The Concept of Right to Health: A Study of its Evolution, Constitutional Provisions and Judicial Perspective in India

Abstract

In India, the concept of ‘health’ has been accorded prime importance at all stages of its historical development. In ancient period, utmost priority was given to hygiene and a clean environment which is key to health. Moreover, during that period, Ayurveda system of medicine flourished and great physicians like Charaka and Susruta rendered their great service to serve the ailing mankind. During the Mughal Rule, the Unani and Siddha medicine flourished and thereafter, during the British Rule the modern system of medical science was born. After independence, ‘health’ was included in the category of non-justiciable rights under the Directive Principles of State Policy which depended upon the will of the States for its implementation. But the Supreme Court of India realizing the importance of ‘health’ granted it the status of Fundamental Rights by bringing it within the ambit of ‘Right to Life’ under Article 21 through its landmark decisions. Since this right is not explicitly mentioned in the Constitution, there is lack of awareness resulting in the violation of this important right. Hence, in order to make the people more vigilant, there is a need to expressly incorporate the ‘Right to Health’ under Article 21 by constitutional amendment just like the Right to Education under Article 21A.