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Subject: General Studies (Paper 2 - Governance, Constitution, Polity, Social Justice and International relations)

Topic: Issues Relating to Development and Management of Social Sector

ISSUES RELATING TO DEVELOPMENT AND MANAGEMENT OF SOCIAL SECTOR/SERVICES RELATING TO HEALTH, EDUCATION, HUMAN RESOURCES

Right to Health and Indian Constitution

Right to health is not included directly in as a fundamental right in the Indian Constitution. The Constitution maker imposed this duty on state to ensure social and economic justice. Part four of Indian constitution which is DPSP imposed duty on States. If we only see those provisions then we find that some provisions of them has directly or indirectly related with public health. The Constitution of India not provides for the right to health as a fundamental right.

The Constitution directs the state to take measures to improve the condition of heaith care of the people. Thus the preamble to the Constitution of India, inter alia, seeks to secure for all its citizens justice-social and economic. It provides a framework for the achievement of the objectives laid down in the preamble. The preamble has been amplified and elaborated in the Directive Principles of State policy.

DPSP and Health

Article 38 of Indian Constitution imposes liability on State that states will secure a social order for the promotion of welfare of the people but without public health we cannot achieve it. It means without public health welfare of people is impossible. Article 39(e) related with workers to protect their health. Article 41 imposed duty on State to public assistance basically for those who are sick and disable. Article 42 makes provision to protect the health of infant and mother by maternity benefit.

In’the-lndia the Directive Principle of State Policy under the Article 47 considers it the primary duty of the state to improve public health, securing of justice, human condition of works, extension of sickness, old age, disablement and maternity benefits and also contemplated. Further, State’s duty includes prohibition of consumption of intoxicating drinking and drugs are injurious to health. Article 48A ensures that State shall Endeavour to protect and impose the pollution free environment for good health.

Panchayat, Municipality and Health

Not only the State, Panchayat and Municipalities are also liable to improve and protect public health. Article 243G says “State that the legislature of a state may endow the panchayats with necessary power and authority in relation to matters listed in the eleventh Schedule”.

Fundamental Rights and Health

The DPSP are only the directives to the State. These are non-justifiable. No person can claim for Non-fulfilling-these directives. But the Supreme Court has brought the right to health under the preview of Article 21. In 1995, the Supreme Court held that right to health and medical care is a fundamental right covered by Article 21 since health in­essential for making the life of workmen meaningful and purposeful and compatible with personaldignity. The state has an obligation under Article 21 to safeguard the right to life of every person, preservation of human life being of paramount importance. The Supreme Court has in the case of Parmanand Katra vs Union of India, held that whether the patient be an innocent person or be a criminal liable to punishment under the law, it is the obligation of those who are in charge of the health of the community to preserve life so that innocent may be protected and the guilty may be punished.

The Supreme Court, while examining the issue of the constitutional right to health care under Art 21,-Art 41 and Art 47 of the Constitution of India in State of Punjab v/s Ram Lubhaya Bagga, The Supreme Court, in Paschim Banga Khet Mazdoor Samity & others v/s State of West Bengal & others, while widening the scope of art 21 and the government’s responsibility to provide medical aid to every person in the country, held that in a welfare state, the primary duty of the government is to secure the welfare of the people.
1. Indian Medical Council Act 1956
2. Indian Medical Council (professional conduct, etiquette and ethics) regulations, 2002
3. Indian Medical Degrees Act
4. Registration of medical practitioners with State Medical Councils
5. Indian Nursing Council Act 1947
6. Guardians and Wards Act 1890
7. The ICN Code of ethics for nurses
8. The Dentists Act 11948
9. The Dentists (code of ethics regulation) 1976
10. Dental Council of India Regulations 2006
11. AICTE rules of physiotherapy rules .
12. All India Council for Technical Education Act 1987 13. The Apprenticeship Act 1961
14. Rehabilitation Council of India Act, 1992

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