disorders, and other health-impacting conditions.
For healthcare to be
accessible it must be affordable and convenient.
67.
This Court is of the view that core obligations under the right to
health are non-derogable. This minimum core is not easy to define, but
includes at least the minimum decencies of life consistent with human
dignity. No one should be condemned to a life below the basic level of
dignified human existence.
68.
In the opinion of this Court, Article 21 of the Constitution clearly
imposes a duty on the Government to take whatever steps are necessary to
ensure that everyone has access to health facilities, goods and services so
that they can enjoy, as soon as possible, the highest attainable standard of
physical and mental health. By virtue of Article 21 of the Constitution, the
State is under a legal obligation to ensure access to life saving drugs to
patients. A reasonable and equitable access to life saving medicines is
critical to promoting and protecting the right to health. This means that
Government must at the bare minimum ensure that individuals have access
to essential medicines even for rare diseases like enzyme replacement for
Gaucher disease. Availability of a very expensive drug virtually makes it
inaccessible.
69.
Government cannot cite financial crunch as a reason not to fulfil its
obligation to ensure access of medicines or to adopt a plan of action to treat
rare diseases. In the opinion of this Court, no government can wriggle out
of its core obligation of ensuring the right of access to health facilities for
vulnerable and marginalized section of society, like the petitioner by stating
that it cannot afford to provide treatment for rare and chronic diseases.
W.P.(C) 7279/2013
Page 34 of 41
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