The central legal point established in the judgment is the interpretation of Article 21 of the Constitution of India to encompass the right to medical treatment, emphasizing the obligation of Member States to ensure the right to health as per UDHR and ICESCR, and highlighting the provisions of the Juvenile Justice Act in providing medical facilities to children in need of care and protection.

S. Nagamuthu, J.

The "Dinamalar" a Tamil Daily Newspaper in its Issue dated 21.03.2017, carried a news item under the title ""Contusion caused by immunisation injection resulted in a cancerous growth - A child aged 6 years struggles for life without treatment.

2. According to the news, the male child - Anbarasan, aged 6 years", was given immunisation injection in a Government Institution when he was hardly 6 months old. His father - Mr. M. Radhakrishnan, aged 28 years, mother - Mrs. Suseela, aged 24 years, are construction labourers and they live in utter poverty. They are residents of Komarapalayam - Malaiyadipudhur village, Sathyamangalam Taluk, Erode District. It is further seen in the news item that after the immunisation was given, there developed a contusion at the situs of injection on the right thigh. They were initially told by the Doctors that in due course, it would dissolve. But, it did not occur. Instead, it grew into a big size mass on the thigh. The doctors diagnosed the same as a cancerous growth. A photograph of the child with balloon like right thigh also appeared in the news paper. The weight of the cancerous mass alone was roughly around 3 Kgs. The poor parents were not in a position to provide adequate medical attention to the child. The child was sinking without proper medical treatment. A cellphone contact number was also given requesting the pious people to generously extend financial help for treatment.

3. Having seen the said news item, we felt that gone are the days, the Judges were waiting in the closed court halls for the justice seekers to come and knock at the doors of justice. We have waited for seventy long years, post constitution, for them. But, still there are people, who are poor, marginalized, depressed, uneducated and non sensitised, many a times, do not come to court seeking justice. We, the judiciary, cannot afford to wait any longer for these people to come. Any more such waiting may amount to denial of justice due to them. Thus, it is time for the judges to go out of the court halls to reach out the needy poor people, who are deprived of their basic rights, to deliver justice at their door steps so as to ensure and protect their human rights and other rights. In the instant case, we felt that denial of immediate treatment to the child to save his life amounts to denial of his human rights and his right to life under Article 21 of the Constitution of India. Therefore, exercising our Habeas Corpus jurisdiction, we took up the issue suo motu with a view to save the life of the ailing child.

4. On 21.03.2017, while explaining the necessity for taking suo motu action in the matter, this court in paragraphs 4 to 12 passed the following order:-

“4. Article 25 of the Universal Declaration of Human Rights, 1948 (UDHR) impresses upon the Member States to ensure Right to Health. It states:-

1. 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 and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old 3 age or other lack of livelihood in circumstances beyond his control.

2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.”

5. But the above declaration did not create any binding obligation on the Member States. Therefore, subsequently in the "International Covenant on Economic, Social and Cultural Rights (ICESCR)" which was adopted in 1976, Right to Health was incorporated which among other things mandates specific measures on the part of the Member States to take steps to achieve full realization of this right which includes, creation of conditions which would assure to all medical service and medical attention in the event of sickness.

6. Though in the international scenario, right to health has received the mo