A Shadow Of Our Health Care System: Inefficiency And Inaccessibility

Fariya Sharaf & Siddharth Anand, Amity University, Patna

Introduction

The constitution framers had this in their vision that the nation will be an egalitarian society with healthy, successful and prosperous population, and to live this vision they incorporated various provision in our lively constitution, and the guardian of our constitution the Indian Judiciary has vigilantly performed their duty by incorporating right to health under the head of fundamental right to life in the case of C.E.R.C. V. Union of India, healthy life is the basic requisite to enjoy and exercise all the other fundamental rights guaranteed by our constitution.

The provisions which advocate’s about the health in our constitution is article 39 principle of policies followed by state the article talks about strength and health of worker men and women which clearly means that with good health is the ingredient of a flawless working culture, 42 provision for just humane conditions of work and maternity relief this provision also supports and priorities health in the work life ,47 the most important article which clearly ensures that the living condition should be improved and the undernourished class should be uplifted by providing nutritious and healthy diet, public health not only means to upgrade the human lifestyle but also encompasses the environment in which we are living article 48A of the constitution supports that the wildlife and forest should be protected and maintained in the case of M C Mehta v Union of India2 it was opined that article 39(a), 47 and 48(a) by themselves and collectively cast a duty on the state to secure the health of the people and to protect and improve the environment ,these are all directive principles which were laid to regulate the state and state machinery in an efficient way so that the spirit of the constitution could be alive, they are not enforceable but do cast a road map for the government in toto so that they can achieve the welfare state which every political party boast off in their public speech.