Abstract
Health remains a fundamental concern for all individuals, regardless of caste, colour, gender, or ethnicity, and is regarded as one of the most vital aspects of human life. A life of dignity, as envisaged by the Indian Constitution, can only be realised when people enjoy good health, feel secure, and have access to quality healthcare services that are affordable and accessible to all. This article presents a concise exploration of the recognition of health as a human right, while also examining relevant constitutional provisions and important decisions delivered by the Supreme Court and various High Courts. In addition, the article highlights several government programmes and policies aimed at enhancing the health and well-being of the population, including specific measures adopted during the COVID-19 pandemic.
Introduction
The Indian Constitution, particularly through Part III, provides for fundamental rights that are central to upholding the dignity and welfare of individuals. These rights are not merely guarantees of survival but are designed to facilitate a dignified and meaningful life, reflecting the vision of the framers of the Constitution. One of the most vital among these rights is Article 21, which ensures every individual’s right to life and personal liberty.
In the Maneka Gandhi case[1], Justice P.N. Bhagwati significantly broadened the interpretation of Article 21. He asserted that the right to life is not limited to mere physical survival but extends to a life lived with dignity. His interpretation paved the way for a more expansive understanding of constitutional rights, allowing the judiciary to embed within Article 21 various essential facets of life necessary for human dignity. Following this landmark judgment, the Supreme Court of India adopted a liberal and progressive approach in construing Article 21. This broader interpretation has brought several subsidiary rights under its umbrella, including the right to health. The judiciary has emphasized that good health is an essential condition for enjoying personal liberty and living with dignity. Consequently, healthcare is not just a service or a policy concern—it is a constitutional entitlement derived from the right to life.
India’s alignment with international human rights instruments has further fortified this judicial interpretation. Global declarations and covenants, such as the Universal Declaration of Human Rights (1948) and the International Covenant on Economic, Social and Cultural Rights (1966), recognize the right to the highest attainable standard of health as a universal human right. By referring to these instruments, Indian courts have consistently reaffirmed that the State is duty-bound to ensure access to health services for its citizens.
Judicial activism in this area has manifested in a series of landmark judgments where the Court has held the State accountable for failing to provide adequate healthcare. These rulings have reinforced the government’s obligation to protect public health and to ensure that access to essential medical services is not denied, especially to marginalized and vulnerable groups. The Court has addressed issues ranging from healthcare infrastructure and essential medicine shortages to the quality of public health facilities, urging the State to adopt a rights-based approach to healthcare delivery. In response to such judicial directions and the growing healthcare needs of the population, the Government of India has implemented several policies and schemes aimed at enhancing the health system. Major initiatives like the National Health Mission, along with the formulation of a comprehensive National Health Policy, have been rolled out to strengthen health infrastructure, reduce regional disparities in healthcare access, and improve service delivery across both urban and rural areas. These measures reflect an acknowledgment of health as a public good and a constitutional priority.
The recognition of the right to health as a fundamental right under Article 21 has not only emerged from legal interpretations but has also gained traction through practical policy implementation. The combined efforts of the judiciary and the executive have helped build a more inclusive public health framework. However, challenges remain, including disparities in healthcare access, underfunding, and infrastructural deficiencies, which must be addressed with sustained commitment and policy reform. The development of the right to health within the Indian legal landscape illustrates how constitutional principles can evolve through dynamic interpretation and responsive governance. It underscores the urgent need for continued attention to public health as a core component of human dignity and as a foundational right guaranteed by the Constitution.
[1]AIR 1978 SC 597.