Right to Life in special reference of Right to Health as a Fundamental Right: A Critical Evaluation

Part III of the Indian Constitution secure important fundamental rights. These rights have been declared essential rights in order that human liberty may be preserved, human personality developed and an effective social and democratic life is promoted. The right to life is not limited to mere physical existence but it includes the right to live with human dignity. It includes the medical care and right to lead a healthy life so as to enjoy all facilities of the human body. The Constitution envisaged the establishment of a welfare state of the federal level as well as the state level. In a welfare state, the primary duty of the government is to secure the welfare of the people, providing adequate medical facilities for the people, is an essential part of the obligations undertaken by the government. The Right to health is the economic, social and cultural right to a universal minimum standard of health, to which all individual are entitled. In a democracy, people expect the government for their welfare. This could be through the provision of education, health, employment, housing or of the development of road, transportation, electricity etc. Through judicial interpretation the article 21 of the constitution has become very expended. Consequently right to health and right to get medical assistance have been recognized as a fundamental human right under ‘right to life and personal liberty’.