AVAILABILITY OF FINANCE IS A RELEVANT FACTOR
62.
Undoubtedly, availability of finance with the Government is a
relevant factor. Courts cannot be unmindful of resources and finances. No
court can direct that entire budget of a country should be spent on health and
medical aid. After all competing claims like education and defence cannot
be ignored.
63.
Consequently, courts cannot direct that all inhabitants of this country
be given free medical treatment at state expense. Even if such a direction
were issued it would not be implementable as there would be neither
infrastructure nor finance available for compliance of the said direction.
HOWEVER CORE OBLIGATIONS LIKE ACCESS TO ESSENTIAL
MEDICINES ARE NON-DEROGABLE.
64.
At the same time, no Government can say that it will not treat patients
with chronic and rare diseases due to financial constraint. It would be as
absurd as saying that the Government will provide free treatment to poor
patients only for stomach upset and not for cancer/HIV/or those who suffer
head injuries in an accident!
65.
Disease is a natural catastrophe that fells its victims unpredictably.
The right to adequate health care flows from the sanctity of human life and
the dignity that belongs to all persons. Health is a fundamental human right,
which has as its prerequisites social justice and equality. It should be
accessible to all.
66.
Healthcare access is the ability to obtain healthcare services such as
prevention, diagnosis, treatment and management of diseases, illness,
W.P.(C) 7279/2013
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