duty to provide free medical treatment to the petitioner suffering from a rare and a chronic disease, even though the treatment is expensive and recurring. 47. This Court is of the view that whilst the Cuban, South African and English jurisprudence on the subject of healthcare access contains valuable insights, it is important to bear in mind that our Constitution is structured differently from the aforesaid Constitutions. 48. In fact, though the issue raised in the present proceedings is common to all developing countries, yet India is fortunate to have a developed, liberal and progressive Constitution. As held by Justice Chaskalson P. of South African Constitutional Court in Thiagraj Soobramoney (supra) the Indian Supreme Court has developed a jurisprudence around the right to life so as to impose positive obligations on the government in respect of the basic needs of its inhabitants. RIGHT TO HEALTH IS A FACET OF ARTICLE 21 49. Article 21 of the Constitution of India casts an obligation on the State to preserve life. Article 21 reads as under:"21. Protection of life and personal liberty.- No personal shall be deprived of his life or personal liberty except according to procedure established by law." 50. The Indian Supreme Court in a catena of cases has held that right to health and medical care is a fundamental right under Article 21 read with Articles 39(e), 41 and 43. It has further held that self-preservation of one's life is the necessary concomitant of the right to life enshrined in Article 21, fundamental in nature, sacred, precious and inviolable. W.P.(C) 7279/2013 Page 22 of 41

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