4 Constitutional Prospective.pptx
- 1. Health Law By. Mayuri Purushottam Pawar B.E, LLb, LLM
- 2. Health as Human Right • The right to health is an inclusive right. • Right with access to health care and the building of hospitals, but extends further. • Safe drinking water and adequate sanitation • Safe food • Adequate nutrition and housing • Healthy working and environmental conditions • Health-related education and information; • Gender equality.
- 3. Health as Human Right • The right to health contains freedoms include • right to be free from non-consensual medical treatment such as medical experiments and research • forced sterilization • be free from torture and other cruel • inhuman or degrading treatment or punishment.
- 4. Health as Human Right • The right to health contains entitlements. • The right to a system of health protection providing equality of opportunity for everyone to enjoy the highest attainable level of health • The right to prevention, treatment and control of diseases • Access to essential medicines;
- 5. WHO Guidelines to State •The state’s legal obligation to ensure uniform access to •Timely •Acceptable •And Affordable Health Care Of Appropriate Quality
- 6. WHO Guidelines to State • To Provide For The Underlying Determinants Of Health • Safe And Potable Water • Sanitation • Food • Housing, • Health-related Information And Education • And Gender Equality” To All Its People.
- 7. CONSTITUTIONAL PROSPECTIVE • In Preamble Of Constitution • In Part III i.e Fundamental Rights • In Part IV i.e Directive Principles of State Policy • In Part IV A i.e Fundamental Duties • In Schedule XI and XII i.e PanchayatiRaj and Municipalities
- 8. Preamble Of Constitution • Concept Of Democratic Socialism • Social Justice • absence of socially privileged classes in the society and no discrimination against any citizen on grounds of caste, creed, color, religion, gender or place of birth. India stands for eliminating all forms of exploitations from the society • Equality • the absence of special privilege to any section of society, and the provision of adequate opportunity of all the individuals without any discrimination
- 9. Fundamental Rights • Art 14- Equality Before Law • Art- 15- Prohibition of Discrimination • Art- 21- Protection of Life And Personal Liberty. • Art- 23- Prohibition of Human Trafficking and Forced Labour • Art- 24- Prohibition of Child Labour
- 10. Protection of Life And Personal Liberty- Case Laws Francis Coralie Mullin vs The Administrator, Union Territory of Delhi AIR 1981 746 • Right To Life Has A Very Broad Scope Which Includes Right To Livelihood • Better Standard Of Life • Hygienic Conditions In The Workplace & Right To Leisure.
- 11. Protection of Life And Personal Liberty- Case Laws Paschim Banga Khet Mazoor Samity v. State of West Bengal (1996) 4 SCC 37 • the scope of Article 21 was further widened • as the court held that it is the responsibility of the Government to provide adequate medical aid to every person and to strive for the welfare of the public at large.
- 12. Protection of Life And Personal Liberty- Case Laws Bandhua Mukti Morcha v. Union of India AIR 1984 SC 812 • the Supreme Court held that although the DPSP are not binding obligations but hold only persuasive value should be duly implemented by the State. • the Court held that dignity and health fall within the ambit of life and liberty under Article 21.
- 13. Protection of Life And Personal Liberty- Case Laws Consumer Education and Research Centre V. Union of India AIR 1995 SC 922 • held that right to health and medical aid to protect the health and vigor of a worker • both while in service and post- retirement, is a fundamental right under Article 21.
- 14. Protection of Life And Personal Liberty- Case Laws Burrabazar Fire Works Dealers Association and Others v. Commissioner of Police, Calcutta AIR 1998 Cal. 121 • held that Article 19 (1) (g) does not guarantee any freedom which is at the cost of the community’s safety, health and peace.
- 15. Conti.. With DPSP THANK YOU