58
Right to Health
CHAPTER
6
6.1 Intrinsic to the dignity and worth of the human person is the enjoyment of the
right to health. The International Covenant on Economic, Social and Cultural Rights,
to which India is a State Party, specifically recognises that 'the enjoyment of the
highest attainable standard of health' is the right of every human being. It must
therefore be treated as a State responsibility, with the latter having an obligation to
ensure that this right is respected. Indeed, in the Indian context, the provisions of
Article 21 of the Constitution have been judicially interpreted to expand the meaning
and scope of the right to life to include the right to health and to make the latter a
guaranteed fundamental right which is enforceable by virtue of the constitutional
remedy under Article 32 of the Constitution. For the Commission it has been
important to link the issue of health to that of human rights. When linked together,
more can be done to advance human well-being than when health, and human
rights, are considered in isolation.
6.2 To widen and deepen its own understanding of the issues involved in matters
relating to health as a human right, the Commission constituted a Core Advisory
Group on Health, headed by its Chairperson and comprising Professor V.
Ramalingaswamy, Dr Shanti Ghosh, Dr Prema Ramachandran, Professor Pravln
Visaria, Professor N. Kochupillai, Professor K. Srinath Reddy and Professor L.M. Nath.
The Group was specifically requested to prepare a plan of action for systemic
improvements in the health delivery systems of the country. In addition, the Group
has been advising and assisting the Commission on a considerable range of healthrelated issues and programmes.
NATIONAL HUMAN RIGHTS COMMISSION