Right to Health
Constitutional and Policy Framework
While the right to health is not an explicitly enumerated Fundamental Right, the Supreme Court has read it as an integral part of the right to life and personal liberty under Article 21, which requires that life be protected not merely from arbitrary state action but also that the state take positive steps to ensure a dignified life. Article 47 (Directive Principles of State Policy) places a duty on the state to improve public health, raise the standard of living, and prohibit consumption of intoxicants injurious to health. Together, Articles 21 and 47 form the constitutional basis for state-funded health assurance schemes.
- Article 21: Right to life includes the right to health — affirmed in Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996), where the Court held that denial of emergency medical treatment violates Article 21.
- Article 47 (DPSP): Duty of the state to raise the level of nutrition and the standard of living and to improve public health.
- National Health Policy 2017: Envisions Universal Health Coverage — equitable, affordable, and quality health care for all citizens.
- The National Health Mission (NHM), launched in 2005, remains the primary vehicle for strengthening public health infrastructure alongside PM-JAY.
● Tracked since May 04, 2026 · last seen May 23, 2026 · updates as the daily brief publishes