'Right to Health Is Integral to Right to Life' BJP MP Arun Govil Highlights India’s SC Rulings At UN

New York [US], October 23: BJP MP Arun Govil emphasized India's judicial efforts aimed at reinforcing the right to health, pointing to the Supreme Court's expansive interpretation of Article 21 of the Constitution during an interactive dialogue with the United Nations Special Rapporteur on the right to the enjoyment of the highest attainable standard of physical and mental health.

The Permanent Mission of India to the United Nations in New York publicized aspects of the engagement via X, noting that the deliberations centered on “Justiciability of the right to health to ensure justice and accountability”.
Throughout the dialogue, Govil acknowledged structural obstacles such as cost, language barriers, distance and limited legal awareness that hinder citizens from exercising their health rights. He further addressed issues regarding corporate power and accountability while commending the report for highlighting global best practices.

“We thank the Special Rapporteur for touching upon a timely and relevant theme in the report. We note the concerns it raises, that is, barriers of cost, language, distance and legal awareness impact a citizen’s ability to enjoy the right to health. The SR also flags corporate power that evades accountability,” he stated.

“We particularly appreciate the focus of the report on good practices from across the globe, which helps member states learn from one another. The report’s theme particularly resonates with India’s own experience. Over the years, the Supreme Court of India has expansively interpreted Article 21 of our Constitution, that is, the right to life, to include the right to health,” he added.

Pointing to several landmark judicial interventions, Govil underscored how the apex court construed Article 21, which guarantees the right to life, to encompass medical care and health protection.
He brought up a 1995 ruling centered on workers’ health and welfare, stressing that industrial progress must not occur at the expense of employees’ well-being.

“As early as 1995, the court held that the right to health and medical care are fundamental rights and directed employers to provide health insurance and a safe working environment to workers so that industrial growth did not come at the cost of their health.” Additionally, Govil drew attention to judicial measures designed to safeguard patients’ access to urgent medical care and upgrade hospital facilities. Addressing wider determinants of public health, Govil cited judicial acknowledgements regarding environmental conservation and the constitutional importance of tackling climate change.

“Our courts have also addressed the determinants of health. They have recognized a clean, healthy environment as integral to Article 21. In 2024, the court recognised freedom from the adverse effects of climate change as a right under our Constitution.”

He additionally mentioned recent judicial directions concerning front-of-pack warning labels on packaged items, connecting the matter to the commercial determinants of health. He also expressed appreciation for the Special Rapporteur’s reference to an Indian Supreme Court verdict concerning reproductive healthcare access.

Concluding his remarks, Govil reiterated the nation’s dedication to enhancing accessibility, affordability and equity across its medical infrastructure. “India has overhauled its healthcare system to ensure accessibility, affordability and equity. We remain committed to ensuring that every citizen has access to affordable and quality healthcare services,” he stated. 

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