WHETHER IN RAM LUBHAYA BAGGA AND CONFEDERATION OF EX
SERVICEMEN ASSOCIATIONS (SUPRA), SUPREME COURT HAS
DILUTED THE RIGHT TO HEALTH
59.
The argument that the right to health as envisaged under Article 21
has been diluted in later decisions of the Supreme Court in State of Punjab
& Ors. vs. Ram Lubhaya Bagga (supra) and Confederation of Ex
servicemen Associations and Ors. vs. Union of India & Ors. (supra) is not
correct. A Division Bench of this Court in All India Lawyers Union (Delhi
Unit) vs. Govt. of NCT of Delhi & Ors (supra) to which this Court was a
party has held as under:"ROLE OF NON-STATE ACTORS
43. Health care is an essential concomitant to quality of life. Its
demand and supply cannot therefore be left to be regulated solely
by the invisible hands of the market. The State must strive to
move towards a system where every citizen has assured access to
basic health care, irrespective of capacity to pay. In an article by
Shri R.Srinivasan ―Health Care In India – Vision 2020 – Issues
and Prospects‖ the author suggested four criteria for
establishing a just health care system - (i) universal access, and
access to an adequate level, and access without excessive burden
(ii) fair distribution of financial costs for access and fair
distribution of burden in rationing care and capacity and a
constant search for improvement to a more just system, (iii)
training providers for competence empathy and accountability,
pursuit of quality care and cost effective use of the results of
relevant research and (iv) special attention to vulnerable groups
such a children, women, disabled and the aged."
60.
In Consumer Education and Research Centre and Others Vs. Union
of India and Others, (1995) 3 SCC 42 the Supreme Court held "Therefore,
we hold that right to health, medical aid to protect the health and vigour to
a worker while in service or post retirement is a fundamental right under
W.P.(C) 7279/2013
Page 31 of 41
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