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BIREN VAISHNAV
Vidya Ramesh Chand Shah – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. facts of the petitioners' health conditions and domicile issues. (Para 2 , 3 , 4 , 5) |
| 2. further background on petitioners' health and residency. (Para 7 , 9) |
| 3. arguments regarding the illegality of domicile requirements. (Para 10 , 12) |
| 4. court's preliminary findings on domicile impacts. (Para 14 , 15 , 16) |
| 5. legal basis of organ transplantation rights. (Para 17 , 18 , 20 , 21) |
| 6. constitutional perspectives on health rights. (Para 27 , 28 , 29 , 30 , 31) |
| 7. right to health related jurisprudence. (Para 36 , 37 , 38 , 39) |
| 8. final legal reasoning concluding the orders. (Para 42 , 43 , 44 , 45) |
| 9. conclusion and directive to the state regarding guidelines. (Para 46 , 47) |
JUDGMENT :
“The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition”.
It has been 75 years now that these words were adopted in the Constitution of the World Health Organization and this court, through these petitions, is called upon to decide the issue of applicability of ‘Right to Health’ in terms of the petitioners.
Special Civil Application No.14029 of 2022
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