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
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