ABSTRACT:
The state is entrusted to protect the fundamental rights of the citizens of the Country which are fundamental to the very existence of the human being. The citizens of the country also include those who are incarcerated in prisons. Although some of them have committed heinous crimes but they are also entitled to the same constitutional safeguards as the common citizens except for some of the rights which are curtailed. The incarcerated meaning thereby the undertrials, detenu and the convicts are entitled to have a right to life and they should not merely have an animal existence. The convicts too enjoy the right to health which is an unenumerated right flowing directly through Article 21. The Prisons Act, 1894lays down certain provisions which ensure that the health of the inmates is taken care of but in reality the prisons do not have much means to protect the prisoners and treat them properly. Thus, what is basic to the human existence is not available to those incarcerated and therefore, their right to health has become a distant dream to achieve.
RESEARCH METHODOLOGY:
The research is a doctrinal one where as a primary source the researchers have relied upon the statutes as well as the government policies while the commentaries, news articles and research papers have been relied upon as the secondary source of research.
INTRODUCTION:
Health, be it physical or mental is of utmost importance for the overall development of an individual. No individual can achieve optimum outcome from his personal or professional life unless he is completely healthy. Similar statement becomes correct for a nation. For a nation or country to achieve a powerful position in the world politics it needs a healthy population. The population of a country is the driving force of its progress and only when the population of a country is healthy and fit can it achieve the optimum progress for itself and its country. Health does not simply mean an absence of disease or infirmity but it is a state of complete physical, mental and social well-being[1]. This, therefore implies that a person will not be said to be healthy if he does not have a disease or infirmity but when he is physically as well as mentally fit. In order to be healthy, “an individual or group must be able to identify and realise aspirations, to satisfy needs, and to change or cope with the environment.[2]” Thus, health is seen as an asset that helps a person to lead his day to day life. The political, environmental, social and economical aspirations of a nation are dependent upon its citizens and when the citizens are healthy they not only achieve all these for themselves but in reality help the nation achieve its aspirations. The nations therefore always strive to achieve the best of the health standards for all its citizens. Health is the most important factor in national development. It is a condition of a person’s physical and mental state and signifies freedom from any disease or pain. Right to health is a vital right without which none can exercise one’s basic human rights. The Government is under obligation to protect the health of the people because there is close nexus between Health and the quality of life of a person.
[1]Definition of Health by World Health Organisation.
[2]The Ottawa Charter for Health Promotion.