court. To us, the policy decision in formulating contributory
scheme for ex-servicemen is in accordance with the provisions
of the Constitution and also in consonance with the law laid
down by this Court. We see no infirmity therein. We, therefore,
hold that getting free and full medical facilities is not a part of
the fundamental right of ex-servicemen."
(emphasis supplied)
23.
In this regard, she also referred to the General Comment 14 issued by
the UN Committee on Economic, Social and Cultural Rights in 2000. The
relevant portion of the aforesaid Comment relied upon by her reads as
under:"The notion of the "highest attainable standard of health" in
Article 12(1) of ICESCR takes into account both the individual's
biological and socio-economic preconditions and a State's
available resources. There is a number of aspects which cannot
be addressed solely within the relationship between States and
individuals; in particular, good health cannot be ensured by a
State, nor can States provide protection against every possible
cause of human ill health. Thus genetic factors, individual
susceptibility to ill health and the adoption of unhealthy or risky
lifestyles may play an important role with respect to an
individual's health. Consequently, the right to health must be
understood as a right to the enjoyment of a variety of facilities,
goods, services and conditions necessary for the realization of
the highest attainable standard of health."
Thus, it has recognized the obligation and the duty of the state
in this regard but also recognized the limitations which a state
might face while trying to achieve this ideal.
It also provides that all the patients have to be treated equally.
"At least six other constitutions set out duties in relation to
health, such as the duty on the State to develop health services
or to allocate a specific budget to them. Part IV of our
Constitution deals with the Directive Principles of State Policy.
W.P.(C) 7279/2013
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