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What are the provisions on right to health care in the Constitution of India?

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eMediNexus    12 November 2021

Health is a State subject in India. The State is required to create conditions that are favorable to good health as outlined in Articles 38, 39 (e) (f), 42, 47, in Chapter IV of the Constitution, the Directive Principles of State Policy. 

“Article 38. State to secure a social order for the promotion of welfare of the people

  1. The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
  2. The State shall, in particular, strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.” 

“Article 39. Certain principles of policy to be followed by the State: The State shall, in particular, direct its policy towards securing

(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter a vocation unsuited to their age or strength;

(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.” 

“Article 41. Right to work, to education and to public assistance in certain cases: The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.” 

“Article 42. Provision for just and humane conditions of work and maternity relief: The State shall make provision for securing just and humane conditions of work and for maternity relief.” 

“Article 47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.”

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