Neha Tripathi, Assistant Professor of Law, Maharashtra National Law University, Aurangabad & Soumya Rajsingh, Ph.D. Scholar, South Asian University, New Delhi
ABSTRACT
The covid-19 crisis brought forth the worst realities of the existent health sector around the globe. Right to health is a fundamental human right, even, the Supreme Court of India has held right to health to be a part of right to life, thereby establishing it as a constitutional guarantee. The health and human rights concerns unearthed in the wake of global pandemic raises range of constitutional and human rights questions concerning the guarantee and maintenance of constitutional aims and aspirations guaranteed to the citizens. The paper aims at understanding Right to health in international and national perspective and thereby establishing that right to health is a universally accepted human right and then identifies the issues in relation to its implementation and enforcement mechanism. The paper also deals with the law and public health framework in specific relation to India. The third part of the paper discusses the constitutional discourse surrounding the reliance placed by the government on provisions of DM Act and ED Act from the perspective of constitutionally provided centre-state relationship.
