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Can a person who cannot afford treatment seek treatment?

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eMediNexus    08 November 2021

Yes, Article 21 of the Constitution of India guarantees protection of life and personal liberty to every citizen. It states: “No person shall be deprived of his life or personal liberty except according to procedure established by law.” 

In People′s Union For Civil Liberties vs Union Of India And Anr on 5 February, 1997, Writ Petition (crl.)  612 of 1992, the Supreme Court of India observed as follows: 

“8. …It was held "In our opinion, the right to life and liberty guaranteed by Article 21 is so fundamental and basis that no compromise is possible with this right. It is non-negotiable. .... The State has no right to take any action which will deprive a citizen of the enjoyment of this basis right except in accordance with a law which is reasonable, fair and just.” 

In various judgements, the Apex Court has broadened the scope of Article 21 by adding dimensions of right to health and medical care to right to life.

  • In Bandhua Mukti Morcha v. Union of India AIR 1984 SC 802, the Supreme Court held “It is the fundamental right of everyone in this country, assured under the interpretation given to Article 21 by this Court …, to live with human dignity, free from exploitation. This right to live with  human dignity enshrined in Article 21 derives its life breath  from the  Directive Principles  of State Policy and particularly  clauses (e)  and (f) of  Article  39 and Articles 41 and 42  and at  the least, therefore, it must include protection  of the  health and strength of workers, men and women…”
  • In Paschim Banga Khet Mazdoor samity ... vs State Of West Bengal & Anr on 6 May, 1996 (1996 SCC (4) 37, JT 1996 (6) 4), the Supreme Court held “Article 21 imposes an obligation on the State to safeguard the right to life of every person. Preservation of human life is thus of paramount importance. The Government hospitals run by the State and the Medical Officers employed therein are duty bound to extend medical assistance for preserving human life. Failure on the part of a Government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his right to life guaranteed under Article 21. ”
  • In State of Punjab & Others v. Mohinder Singh Chawla & Others AIR 1997 SC 1225, the court held “It is now settled law that right to health is integral to the right to life. Government has a constitutional obligation to provide health facilities.”
  • In State of Punjab & Ors vs Ram Lubhaya Bagga Etc. Etc on 26 February, 1998, the Supreme Court of India held “... Further to secure protection of ones life is one of the foremost obligation of the State, it is not merely a right enshrined under Article 21 but an obligation cast on the State to provide this both under Article 21 and under Article 47 of the Constitution. The obligation includes improvement of public health as its primary duty.”

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