DPSP AND HEALTH
The DPSP, or Part IV of the Indian Constitution, placed an obligation on states. If we just
look at certain clauses, we can see that some of them are linked to public health, either
directly or indirectly. It instructs the state to take action to strengthen the people’s health-care
situation. Articles 38 enforce a state’s responsibility to secure a social order for the promotion
of the people’s welfare, but we won’t be able to do so without public health. Article 39(e)
dealt with workers’ health protection. Article 41 required the state to provide public
assistance, especially to the ill and disabled. Article 42 states that the state has a primary duty
to protect the health of the infant and mother by maternity benefits. The primary duty of the
state, according to Article 47, is to improve the standard of nutrition and the standard of life
of its citizens.[1] Other health-related requirements are included in the DPSP. The state’s
strategy should be directed toward protecting workers’ health in particular. Village
Panchayats are state-organized and given the requisite powers and authority to act as self-
governing units.[2]
FUNDAMENTAL RIGHT AND HEALTH
The DPSP is the state’s only order. These acts are unjustifiable. No one may say that they did
not obey these instructions. “No one shall be deprived of his life or personal liberty except in
compliance with the procedure defined by law,” says Article 21. The right to life covers more
than just more animal existence; it also requires the right to live in a manner that is
compatible with human dignity and decency. The Supreme Court has ruled that the right to
health and medical care is a fundamental right guaranteed by Article 21 because health is
important for making workmen’s lives meaningful and purposeful, as well as consistent with
personal dignity. Article 23 has a tenuous relation to health. Human trafficking is forbidden
under Article 23(1). Women’s trafficking is well known to contribute to prostitution, which is
a significant factor in the spread of AIDS. “No child under the age of 14 years shall be
employed to work in any factory or mine or engaged in any other hazardous employment,”
according to Article 24. As a consequence, this article focuses on the importance of child
health.[3] Sensitization of the applicable ordering law to late health for all, in addition to
constitutional remedies, adds to the content of the right to health. The right to health has been
stimulated by the legal ban of commercialized human organ transplantation and the
successful implementation of the Consumer Rights Act to deal with inadequate medical
services.[4][5]
DPSP and Health by Velanati Jyothirmai @ Lex Cliq
[1] Deepu. P, Right to Health as a Constitutional Mandate in India, ISSN 2321-4171,
http://jsslawcollege.in/wp-content/uploads/2013/12/RIGHT-TO-HEALTH-AS-A-
CONSTITUTIONAL-MANDATE-IN-INDIA.pdf.
[2] P. Deepu, Right to Health a Constitutional Mandate in India, DOCPLAYER,
http://docplayer.net/41462489-Right-to-health-as-a-constitutional-mandate-in-india.html.
[3] Ibid. pg. no. 3.
[4] P. Deepu, Right to Health a Constitutional Mandate in India, DOCPLAYER,
http://docplayer.net/41462489-Right-to-health-as-a-constitutional-mandate-in-india.html.
[5] Ibid. pg. no. 3.
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