"Right to Health in India: Constitutional Provisions and Judicial Interpretations"

The Supreme Court of India has stated that right to health is a bundle of rights which includes within its ambit several other fundamental rights. State the relevant constitutional provisions in this regard and support your answer with case laws. 

Right to Health as a Bundle of Rights

The right to health is not limited to healthcare access alone. It extends to various other dimensions that ensure overall well-being, forming a “bundle of rights” including:

Right to Clean Environment: A healthy environment is essential for a healthy life. The Supreme Court has linked the right to health with environmental protection.

Case Law

1. Subhash Kumar v. State of Bihar (1991): The Court held that the right to life includes the right to enjoy pollution-free air and water. Environmental degradation, which threatens public health, is a violation of the right to life.

Right to Food: Adequate nutrition is vital for maintaining good health, and the right to food has been read into the right to life by the Supreme Court.

Case Law:

1. People's Union for Civil Liberties (PUCL) v. Union of India (2001): The Court recognized the right to food as part of the right to life under Article 21. It directed the government to ensure that food was available to vulnerable sections of society, particularly during times of drought or famine.

Right to Water: Clean and safe drinking water is essential for health, and denial of access to potable water is considered a violation of the right to life.

Case Law:

1. Narmada Bachao Andolan v. Union of India (2000): The Supreme Court held that water is a part of the right to life under Article 21, emphasizing that access to clean drinking water is fundamental for survival and well-being.

Right to Shelter: Adequate shelter is crucial for maintaining good health, as poor living conditions can lead to health hazards.

Case Law:

1. Shantistar Builders v. Narayan Khimalal Totame (1990): The Supreme Court stated that the right to life includes the right to shelter, and adequate shelter means having facilities that make life livable, including access to healthcare.

Right to Health and COVID-19

The COVID-19 pandemic further underscored the importance of the right to health. The Supreme Court, during the pandemic, emphasized the state's responsibility to ensure access to healthcare, testing, and vaccination.

Case Law:

Suo Motu Writ Petition (Civil) No. 6 of 2020 (In Re: The Proper Treatment of COVID-19 Patients and Dignified Handling of Dead Bodies): The Supreme Court passed multiple directions to ensure proper healthcare facilities for COVID-19 patients, highlighting that access to healthcare during the pandemic was part of the right to life

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