Saturday, 4 June 2022

DPSP and Health

 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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