Article 21 of the Constitution of India guarantees protection of life and personal liberty to every Indian citizen. It states: “No person shall be deprived of his life or personal liberty except according to the procedure established by law.” Article 14 of the Constitution also provides for ‘Equality before law’. 

In the case “Mohd. Ahmed (Minor) vs Union Of India & Ors.” on 17 April, 2014 W.P.(C) 7279/2013, the Delhi High Court held that “on account of lack of Government planning, there is pricing out of orphan drugs for rare and chronic diseases, like Gaucher. The enzyme replacement therapy is so expensive that there is a breach of constitutional obligation of the Government to provide medical aid on fair, reasonable, equitable and affordable basis. By their inaction, the Central and the State Governments have violated Articles 14 and 21 of the Constitution. Just because someone is poor, the State cannot allow him to die. In fact, Government is bound to ensure that poor and vulnerable sections of society have access to treatment for rare and chronic diseases, like Gaucher especially when the prognosis is good and there is a likelihood of the patient leading a normal life.” 

“By virtue of Article 21 of the Constitution, the State is under a legal obligation to ensure access to life saving drugs to patients.”