Constitution.
86.
Just because someone is poor, the State cannot allow him to die. In
fact, Government is bound to ensure that poor and vulnerable sections of
society have access to treatment for rare and chronic diseases, like Gaucher
especially when the prognosis is good and there is a likelihood of the patient
leading a normal life. After all, health is not a luxury and should not be the
sole possession of a privileged few.
87.
Although obligations under Article 21 are generally understood to be
progressively realizable depending on maximum available resources, yet
certain obligations are considered core and non-derogable irrespective of
resource constraints. Providing access to essential medicines at affordable
prices is one such core obligation.
88.
Since a breach of a Constitutional right has taken place, the Court is
under a duty to ensure that effective relief is granted. The nature of the right
infringed and the nature of the infringement provides guidance as to the
appropriate relief in a particular case.
89.
As health is a State subject, the present petition is disposed of with a
direction to the Government of NCT of Delhi, to discharge its constitutional
obligation and provide the petitioner with enzyme replacement therapy at
AIIMS free of charge as and when he requires it.
MANMOHAN, J
APRIL 17, 2014
js/rn
W.P.(C) 7279/2013
Page 41 of 41
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