SWATANTER KUMAR, H.R.MALHOTRA
SOCIAL JURIST, A LAWYERS GROUP – Appellant
Versus
GOVERNMENT OF NCT OF DELHI – Respondent
SWATANTER KUMAR, J.
( 1 ) THE constitutional mandate for assuring the dignity of individual is contained in the very preamble of the Constitution of India. To live with dignity would take within its ambit legitimate expectation of the citizens of the country for being provided with good environment and health care. Unlike right to education, right to health and healthy environment has so far not been incorporated in the fundamental rights of the people of India. However, an obligation in the form of directive principle under Article 47 of the constitution is casted upon the State to raising of standard of living of its people and improvement of public health among its primary duties. The State has to ensure that this obligation is not rendered nugatory by inaction or inadequate action on the part of the State and its instrumentalities. Leaving aside its dogmatic approach, it must ameliorate by taking recourse to policies and steps and by involving other appropriate forums to achieve the object of better public health. The standards of public health certainly are not the ones which framers of the Constitution desired to incorporate in such definite and unambiguous language. Coordin
REFERRED TO : State of Bombay v. R.M.D. Chamarbaugwala AIR 1957 SC 699
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