Ajay Naxane, MBBS, MD, DNB, LLB (IIIrd year) NBT Law College, Nashik, affiliated to Savitribai Phule Pune University. Maharashtra
ABSTRACT:
The Constitution of India imposes a duty on the State to guarantee the fundamental rights to its citizens which includes the 'Right to Health' which is also included in the expanded definition of Right to life enshrined in the Article 21. The resource constrained scenario in India mandates the compulsory participation of private healthcare service providers towards the realisation of Right to Health. The answer to the question, whether the State provide an remedy to the infringement of fundamental rights which it guarantees to its citizens because of this compulsory participation, is debatable. Utilitarian and socialist principles underlying the Right to Health as a fundamental right has been addressed.
