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3 Indian J.L. & Legal Rsch. 1 (2021-2022)
Right to Health India: A Critical Analysis

handle is hein.journals/injlolw3 and id is 3800 raw text is: Indian Journal of Law and Legal Research RIGHT TO HEALTH INDIA: A CRITICAL ANALYSIS Chandni Sharma, Devyani Pradhan & Nivedita Jha, Advocate at Bankshall Court, Kolkata ABSTRACT The research work titled Right to Health in India: A Critical Analysis is focused towards the Right to Health, which is accepted as a basic human right. Good health is important for any human being and having the right to access proper health facilities is a basic right that should be accessible to all the citizens of a country, irrespective of social status. The scope of the paper is to address an important issue in India- the Right to Health. Without any specific provisions declaring the Right to Health, there are several sections of the Indian public who do not get access to these rights. The paper addresses the lack of specific provision for the Right to Health, the issues with placing most of the health related responsibilities on the state and the international view towards the Right to Health. The main research issue for the paper is- Should the Right to Health be included under Article 21 of the Constitution? To address the issue, the authors have used the following methods in order to compile the paper and present their views: 1. Analyze and interpret the Right to Healthcare as mentioned under the Universal Human Rights Declaration along with Article 21 2. Interpret Case laws where the judiciary has interpreted the Right to healthcare under Article 21 3. Understand the individual Right to Health under the Directive Principles of State Policy 4. Comparison between Indian perspective and international perspective 5. Conclude by providing views and arguments effectively for the importance of including the Right to Health under Article 21, making it a Fundamental Right. Keywords: Medical Law, Health, Right to Health, Fundamental Rights, Human Rights, Article 21 1 Volume III Issue II ISSN: 2582-8878