Food, Shelter and Clothing are the three basic needs of every individual existing in this world. Without meeting these three needs we can think or go for any other needs. These three needs sustain human life. Among these three basic needs, Food has been placed at the first spot because of its importance in human life. Even a destitute will first search for food. When we connect all these three basic needs, it streamlines towards Health of an Individual. A sound health results in a sound mind and then a sound individual. Health is the foremost important indicator of human development. This particular human development leads to achievement of economic and social development. In India, recognition of the right to health care and protection got prominence from the early times. Our first Prime Minister Hon’ble Pt. Jawaharlal Nehru had adopted the best possible socialist model targeting Socio Economic development of India. This Socialist Model of Nehru ji commonly known as the Nehruvian Model gave a lot of emphasis on the Health care access to all the citizens of India. Therefore following Nehru ji’s socialist principles - Independent India approached the public as the first right holder and the state as the duty-bound primary provider of health for its citizen. All other subsequent governments only followed the Nehru led Congress government Health care model. The current BJP government’s National Health Policy 2017 is only a reflection of Nehru’s socialist vision for Health care system. Our nation is one of the founding member of United Nations Organisation (UNO). India has been instrumental in adhering to most of the International norms of the UN. India has ratified numerous international conventions pertaining to health care guarantee which promise to secure health care right of individuals. In domestic law, The Constitution of India does not expressively recognize health as a fundamental right. Fundamental right to Health and health care access is only shaped by various judicial pronouncements. Through judicial interventions, Right to health got a place in Article 21 of the Constitution of India that guarantees a fundamental right to life & personal liberty. All the Judicial pronouncements implies that the expression ‘life in this article means a life with human dignity & not mere survival or animal existence’. This has a broader scope to enforce Right to Health as a statutory right by including right to livelihood, better standard of life, hygienic condition in workplace & leisure. To understand Right to health in a better way through constitutional perspective we must read Article 21 with Articles 38, 42, 43, & 47 for understanding the nature of the obligation of the state in order to ensure the effective realization of this right. Indian Judiciary at time has taken step to merge Right to Health as a fundamental right along with the other fundamental rights. Development of the nation is bestowed upon its population and a population having adequate access to Health care services is utmost important. The state comes with duty to provide an effective mechanism for the welfare of the public at large. The right to healthcare is recognised as a claim to an entitlement. It is a positive Right but can’t be called as a protective fence. The right to health in its every form and level consist of an interrelated and essential elements of availability, accessibility, acceptability and quality of healthcare services. Universal access to good quality healthcare equitably is the heart to understand the concept of right to health and healthcare. “Health care for all” can be reality by making healthcare a fundamental right in the constitution apart from constitutional measures by enacting a social legislation to ensure minimum standards in the private medical sector and through budgetary allocation doubling the public budgetary allocations for health and initiating a scheme for a village-based healthcare. In the International arena, Right to Health has been well recognized as a basic Human right. The World Health Organization has defined health as a state of complete physical, mental and social wellbeing and not merely the absence of disease or infirmity. Pt. Jawaharlal Nehru in Lok Sabha during the Budget session of 1956 while referring to the definition said: “If you achieve that object, I am sure you would have solved the whole problem in the world, because if we can achieve that, every problem disappears from the world.”
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