Right to Health and Medical Assistance as a Fundamental Right: Issues and Challenges

  • Dr. J. S. Chandpuri and Dr. Vivek Kumar
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  • Dr. J. S. Chandpuri

    Associate Professor at Department of Law, D.A.V. (P.G.) College, Dehradun, India

  • Dr. Vivek Kumar

    Associate Professor at Department of Law, D.A.V. (P.G.) College, Dehradun, India

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Health and medical assistance is essential requirement of every human being, which is also the economic, social and cultural rights. There is a universal minimum standard of health, for which all human beings are entitled. The United Nations (UN), under the Universal Declaration of Human Rights 1948, expects to all its member states to ensure a dignified life of their citizens (which includes the right to health) along with all basic amenities. Article 21 of our constitution provides ‘Right to life and personal liberty’ does not merely mean the continuance of a person’s animal existence, but a quality of life with all basic requirements, which make a dignified life. The Supreme Court in its various judgements has observed that access to medical aid is a fundamental right to every citizen, guaranteed by Article 21. Consequently ‘Right to health or Right to get medical assistance’ has been recognized as a fundamental human right under ‘Right to life and personal liberty’. Unfortunately, even today after 70 years of independence, the Health and Medical facilities in India are still in a pathetic condition. Due to the apathy of government, the health and medical as well as education have never been included mainly in various five years plan. expenditure on public health funding has been consistently low i.e. 1.03% of GDP. In India 65% of the overall health expenditure is out from pocket which is very high as compared to the world average of 18.2%. An estimated there are 12.8% of all maternal deaths and 19% of all infant mortality in the world occurs in India alone which is the highest in the world, more than 37.2 out of 1000, children are dead by the time before they come to the age of 5. 62% of children are immunized communicable disease is the cause of death for 53% of all deaths in India. In India the condition of private hospitals is better than government hospitals. But due to the very expensive fees of private hospitals, the poor family are still deprived from getting their treatment from such hospitals. In this paper, ‘Right to health and medical assistance’ an attempt has been made to indicate the various issues and problems as well as their suggestions.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 823 - 832

DOI: https://doij.org/10.10000/IJLMH.114399

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