provide medical care to the person seeking to avail of those facilities. Article
21 imposes an obligation on the State to safeguard the right to life of every
person. Preservation of human life is thus of paramount importance. The
government hospitals run by the State and the medical officers employed
therein are duty-bound to extend medical assistance for preserving human
life. Failure on the part of a government hospital to provide timely medical
treatment to a person in need of such treatment results in violation of his
right to life guaranteed under Article 21. .......It is no doubt true that
financial resources are needed for providing these facilities. But at the
same time it cannot be ignored that it is the constitutional obligation of the
State to provide adequate medical services to the people. Whatever is
necessary for this purpose has to be done......In the matter of allocation of
funds for medical services the said constitutional obligation of the State, has
to be kept in view. It is necessary that a time-bound plan for providing these
services should be chalked out keeping in view the recommendations of the
Committee as well as the requirements for ensuring availability of proper
medical services in this regard as indicated by us and steps should be taken
to implement the same." (emphasis supplied).
58.
Consequently, right to health and health care access are a part of
Articles 21, 38 and 46 of the Constitution. Accordingly, every person has a
fundamental right to quality health care -- that is affordable, accessible and
compassionate.
W.P.(C) 7279/2013
Page 30 of 41
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