2024 Supreme(Raj) 1616
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND, J.
In Re: Right to Health and Well Being of Everyone – Appellant
Decided On : 11-11-2024
IMPORTANT POINT
The right to health is integral to the right to life under Article 21 of the Constitution, emphasizing government responsibility in healthcare.
Headnote:
(A) Constitution of India - Article 21 - Right to Health - Right to health is an essential component of human dignity and is inherent to the right to life. The government has a constitutional obligation to provide health facilities to the public. The court emphasizes the need for improvement in the healthcare system and the responsibility of hospitals to preserve life without negligence. (Paras 1, 4, 5, 8, 11, 12)
(B) Public Health - The court takes suo motu cognizance of the deteriorating healthcare system and issues notice to the Union and State governments to report on steps taken to improve health services. (Paras 13, 15)
ORDER :
1. Right to health is an essential component of human dignity, and it is the responsibility of the government to ensure that this right is protected and promoted for all individuals who are citizens of the nation.
2. Right to health is inherent to right to life and it has been recognised even in “YAJUR VEDA” the first ‘mantra’ of Yajur Veda reads as under:
“Ishe tvoarjey twaa vaayavastha devo vah savitaa praarpayatu shreshthatamaaya karmana aapyaadwarmaghnyaa indraaya bhaagam prajaapatiranameevaa ayakshmaa maa vahstena eeshata maaghashanso dhruvaa asmin gopathau syaata bahveeryajamaanasya pashoon paahi.”
The mantra tells at the outset, about the various types of actions that man must undertake to bring happiness to the world. It says that the vital airs, the winds, the etherial elements (vaayavah) may be harnessed for food (ishe), the food which may give energy and vitality (oorjey). May the God Savitaa, the producer of precious gifts and the great inspirer of men and other beings, help the people to engage themselves in the best deeds (shreshthatamaaya karmana). The sense organs, and also all living beings (Aghnyaah) are fit to be protected and properly maintained, for, our own happiness depends upon them. We must keep ourselves free from the wasting disease (anameevah), we must save ourselves from the thieves (stenah) i.e. robbers and cheats, we must also keep ourselves away from the (aghashansah) people who directly or indirectly, actively or passively support the sinners and their sinful activities. The children, the servants as well as other dependents of a house-holder, also have to be protected against all sorts of dangers (Yajamaanasya pashoon paahi).
This gives us a general idea about the contents of the Yajur Veda. The first and the foremost concern of the living beings is food. Animals eat food for their own survival. They are not concerned about the survival of others.
But human beings cannot afford to neglect the survival of others. They must be always conscious about their environment. They must also take care of the ecological balance. These are necessary for their own survival and happiness. Men must also be able to produce food by harnessing the natural resources. They must take special care of their own health. Their happiness depends upon it. Men must also protect themselves from wasting disease. Or else their life may become miserable.”
3. As per Article 25 of the Universal Declaration of Human Rights, everyone has the right to a standard of living, adequate for the health and well-being of himself and of his family including food, clothing, housing & medical care and necessary social services.
4. Health is an essential pre-requisites for human beings and plays a vital role in national development. The Right to health is an essential right, without which one cannot exercise its basic human rights.
5. The Fundamental Right to Health is not officially recognized by the Constitution of India, but the Fundamental Right to Life and Personal Liberty is guaranteed under Article 21 of the Constitution of India. It includes Right to Human Dignity which extends to Right to Health and medical aid. In this Article “Life” refers to a humane life, and not just a life of survival or animal existence. It covers rights things like the right to a better standard of living.
6. The Indian Constitution contains a numerous provisions that address public health. To safeguard common man's health, the framers of the Constitution included the Directive Principles of the State Policy. Article 38 imposes a liability on the State that it should secure a social order for promotion of welfare of the people, but without public health, we cannot achieve it. Article 39 (e) of the Constitution of India is related to worker to protect their health. Similarly, Article 41 imposes are duty on the State to provide public assistance to those who are of old age, sick and disabled. Article 47 imposes a duty on the State to improve public health.
7. Rig