Right To Health As A Human Right: A Study Of The Position Of India Particularly In Covid-19

Rasleen Kour, LL.M, Department of Law, University of Jammu

ABSTRACT

‘Human Rights’ are the most basic and fundamental rights enjoyed by human beings. They are the most essential rights with an individual that helps him to reach his true potential. A person is endowed with these rights since his or her birth. They are the foundation for an individual to lead a dignified and a secured life in a society.

The Right to Health as a Human Right, one of several important rights, is recognized as an indispensable one both globally and domestically. The Universal Declaration of Human Rights has enshrined and recognized this right, among others, as fundamental to human existence and has upheld for a standard of living for proper health and well-being of not only an individual but also for his family. The Constitution of India enshrines a fundamental and basic right under Article 21 of the Constitution, Right to life. The Right to Health is, however, included within the preview of the said Article. Articles 39 and 42 of the Indian Constitution also contains instances relating to Right to Health as a fundamental Right .The Right to Health, however, has not been included as a Fundamental Right in the Constitution of India which can act as a loophole in the healthcare system in the country. Moreover, the recent COVID-19 pandemic also hit severely the health care mechanism of the Nation.

The present doctrinal research serves as an analysis and intends to discuss what human rights are and prepares, through an in-depth study of qualitative data available in various sources, extensive research on the subject with substantial focus on the topic of Right to Health as a Human Right. Also putting forth the present condition in India in respect of its healthcare sector including the impact of such a condition in the healthcare as an institution especially in times of COVID-19 pandemic and therefore studying the country’s potential to fight such a disease. Some suggestions which could alleviate the current healthcare situation in India have also been expressed hereunder.

Keywords: Health, Fundamental right, Human right, The Universal Declaration of Human Right