Question

How is right to health ensured by indian constitution​

Answer 1

Right to Health is not included as an explicit fundamental right in the Indian Constitution. Most provisions related to health are in Part-IV {Directive Principles}. These are:

Article 38 says that the state will secure a social order for the promotion of welfare of the people. Providing affordable healthcare is one of the ways to promote welfare.

Article 39(e) calls the state to make sure that health and strength of workers, men and women, and the tender age of children are not abused.

Article 41 imposes duty on state to provide public assistance in cases of unemployment, old age, sickness and disablement etc.

Article 42 makes provision to protect the health of infant and mother by maternity benefit.

Answer 2

Explanation:

Government has a constitutional obligation to provide health facilities.” Apart from recognizing the fundamental right to health as an integral part of the Right to Life, there is sufficient case law both from the Supreme and High Courts that lays down the obligation of the State to provide medical health services.