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70 Years of Indian Years of Indian
Constitution
Constitution
The Supreme Court, and various High
After the lockdown was imposed, the negative
impact was noticed on three of these rights e.g., right Courts, have served to create a taxonomy of
to life, right to health, right to food. States like Uttar specific rights relating to healthcare under
Pradesh, Delhi and Punjab acknowledged the urgent the aegis of the Right to Life enshrined in
necessity of the unemployment wages in order to Article 21 of the Constitution
ensure the survival of the poor people. On the behest
of Centre, the Delhi Government decided to convert has raised a pertinent question — who will protect
many government hospitals as Covid-19 hospitals. our protectors? A cross-country narrative shows that
Also, in some parts of the city, the government over 101 doctors and 30 medical staff have died in
made the ‘essentials’ available in the ration Shop. Italy – marking unavailability of adequate PPE as one
While the right to health or healthcare has not been of the causes behind the spread of infection among
explicitly recognized under the Constitution, the the healthcare workers. The situation highlights the
Supreme Court of India in Bandhua Mukti Morcha pertinent issue of ‘Right to Health’ for healthcare
v Union of India & Ors interpreted the right to health workers and a wide spread resentment and even
to be implicitly included under the Article 21 which strikes by the medical workers on not getting their
guarantees the right to life. In State of Punjab & Ors salaries and protective kits were the major issue
v Mohinder Singh Chawla, the apex court reiterated The Supreme Court, and various High Courts,
the same view and observed that the right to health have served to create a taxonomy of specific rights
is fundamental to the right to life and the government relating to healthcare under the aegis of the Right to
is under a constitutional obligation to provide health Life enshrined in Article 21 of the Constitution.
services. In Paschim Bangal Khet Mazdoor Samity vs
State of West Bengal (1996), the Supreme Court
Right to health for ‘Health Workers’ On the healthcare observed:
front, the State governments were hard pressed “Article 21 imposes an obligation on the State to
in providing adequate testing kits to check patients safeguard the right to life of every person. Preservation
for the presence of Covid-19 virus. The situation is of human life is thus of paramount importance. The
worse for government healthcare workers and often Government hospitals run by the State and the
reports of non- availability or inadequate Personal medical officers employed therein are duty bound
Protective Equipment (PPEs) were reported which to extend medical assistance for preserving human
140 70 Years of Indian Constitution
