Right to Health in India: An Analysis of the Judicial Response towards Shortage of Medicines During Covid-19 Period

Appropriate use of essential medicines is one of the most cost-effective components of modern health care. Proper Health treatment is also part of the Right to Life which is impliedly expressed with the Right to Health under Article 21 of the Indian Constitution. India faces a major challenge in providing access to medicines for its 1.2 billion people by focusing on providing essential medicines. Early in the COVID-19 pandemic, countries across the world went into lockdown. This affected the manufacturing, supply, and distribution of medicines, leading to constraints in the global medicines supply chain. Demand also increased for some medicines used in patients with COVID-19. There is a need to develop strategies to improve affordable access to essential medicines under the current health care System. This research focused on the NPPA rules, WHO report, and Supreme court case analysis. This research also focused on International, National recognition of Right to health and Judicial approaches towards the shortage of medicines during covid-19 period. The research findings confine that at international level, Article 2 of the ECHR, Article 4 of the ACHPR and at National level Article 21 recognised the right to Health. The shortage of medicine during covid 19 period is also realized at international and National community. Hon’ble Supreme Court in In Re: Distribution of Essential Supplies and Services, during Pandemic, pointed out the issues of availability and accessibility of medicines to covid-19 patients in order to reduce the exploitation of the patients.