Right to Health and Access to Healthcare and Medicines: Judicial Perspective

Abstract

So far as the Constitution of India is concerned, it has given rise to the Constitutional dimension of having a holistic scenario of developmental process. It is already known to us that the political and civil version of rights have been embedded in to the fundamental right regime as provided within the Indian Constitution and such rights have also been held to be justiciable. On the other hand, we have caught hold of rights like health and healthcare, which have had such underpinnings under the umbrella of directive principles of state policy1 . If we consider for our discussion over here the developing phase of such rights after independence, attempts were made in order to address the issues pertaining to the accessibility of essential commodities including better health facilities to all especially for the poor population of countries like India. Accordingly, the private sector in India also got a tremendous boost in order to make it decisive presence felt. Therefore, the state at that point of time did support the public as well as the private sector endeavours to develop the depleted economy of the state thereby reviving especially the dying health infrastructure gradually. There have been so many examples such as the pharma sector being supported and promoted by way of much needed subsidies being provided to them so that it could grow perpetually and could satisfy the needs of the people of India with regard to their protection of health from life threatening diseases. Accordingly, the main focus of the state was to improvise the health facilities thereby create an equitable space for all which could be utilized by especially the poor and needy. Access, availability and affordability of essential medicines was also a part of this dreamy drive in our country. There had also been developmental programs from time to time being launched by