Article 21 of the Constitution of India guarantees protection of life and personal liberty to every citizen. 

Article 14 provides for ‘Equality before law’. In 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.”

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

Summarizing its observations, the Court said 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.” Nobody should be denied treatment because of financial constraints. Providing access to essential medicines at affordable prices is a core obligation of the state and “Since a breach of a Constitutional right has taken place, the Court is under a duty to ensure that effective relief is granted.” Health is a state subject. So, the Court directed the Delhi Govt. to provide the required treatment free of cost to the patient “as and when he requires it”.

Reference

1. Mohd. Ahmed (Minor) vs Union Of India & Ors. on 17 April, 2014 in the High Court of Delhi at New Delhi W.P.(C) 7279/2013.