Right To Health As Fundamental Human Right

Right To Health As Fundamental Human Right: A Study Of Life With Dignity, Constitutional And Judicial Approach

Aastha Srivastava, Independent Researcher

ABSTRACT

The concept of 'Health' has been a subject of political debate in India for a considerable time. This research paper argues that recognising the Right to Health as a Fundamental Human Right is an urgent need of the hour, particularly in the context of post COVID-19 pandemic and the violation of citizens' rights due to the lack of a sound legislation.

This paper aims to explore the necessity of recognising the Right to Health as a Fundamental Human Right under Article 21 of the Indian Constitution, by analysing similar legislations across the world and the judiciary's opinion on its implementation. The paper highlights the lack of awareness and violation of this crucial right, which has resulted from its absence in the Constitution.

This research paper emphasises the significance of recognising the Right to Health as a Fundamental Human Right under Article 21 of the Indian Constitution. It proposes that such recognition would lead to a progressive legislation that would guarantee the protection of citizens' fundamental rights and significantly enhance their quality of life. This paper concludes by arguing that recognising the Right to Health as a Fundamental Human Right is crucial for India's development and a critical step towards achieving universal health coverage.