New York: BJP MP Arun Govil highlighted India’s judicial efforts to strengthen the right to health, citing the Supreme Court’s expansive interpretation of Article 21 of the Constitution during an interactive dialogue with the United Nations Special Rapporteur on the right to the enjoyment of the highest attainable standard of physical and mental health.
The Permanent Mission of India to the United Nations, New York, shared details of the engagement in a post on X, stating that the deliberation focused on “Justiciability of the right to health to ensure justice and accountability”.
During the dialogue, Govil acknowledged the barriers of cost, language, distance and limited legal awareness that can restrict citizens’ ability to enjoy their right to health. He also referred to concerns about corporate power and accountability, while appreciating the report’s emphasis on good practices from across the world.
“We thank the special rapporteur for touching upon a timely and relevant theme in the report. We note the concerns it raises, that is barriers of cost, language, distance and legal awareness impact a citizen’s ability to enjoy right to health. The SR also flags corporate power that evades accountability,” he said.
“We particularly appreciate the focus of the report on good practices from across the globe which helps member states learn from one another. The report’s theme particularly resonates with India’s own experience. Over the years the Supreme Court of India has expansively interpreted Article 21 of our Constitution that is right to life to include right to health,” he added.
Referring to landmark judicial interventions, Govil highlighted how the Supreme Court has interpreted Article 21, which guarantees the right to life, to include the right to health and medical care.
He referred to a 1995 judgment concerning workers’ health and welfare, emphasising that industrial development should not come at the expense of employees’ well-being.
“As early as 1995 the court held that right to health and medical care are fundamental rights and directed employees to provide health insurance and safe working environment to workers so that industrial growth did not come at the cost of their health.”
Govil also highlighted judicial interventions aimed at protecting patients’ access to emergency medical treatment and improving hospital infrastructure.
Highlighting the broader determinants of health, Govil referred to judicial recognition of environmental protection and the constitutional significance of addressing climate change.
“Our courts have also addressed the determinants of health. They have recognized clean, healthy environment as integral to Article 21. In 2024 the court recognized freedom from adverse effects of climate change as a right under our Constitution.”
He further referred to recent judicial directions concerning front-of-pack warning labels on packaged foods, linking the issue to commercial determinants of health. He also welcomed the Special Rapporteur’s reference to an Indian Supreme Court ruling on access to reproductive care.
Concluding his remarks, Govil underscored India’s commitment to improving the accessibility, affordability and equity of its healthcare system.
“India has overhauled its health care system to ensure accessibility, affordability and equity. We remain committed to ensure that every citizen has access to affordable and quality health care services,” he said.
(IANS)
