Importance Of Directive Principles Of State Policy
Health is one of the basic requirements of human beings. India is facing the problem of degradation of health standards in the face of a growing population and poverty.
The Supreme Court performs the function of interpretation of provisions of Constitution. The framers of Indian Constitution have rightly inserted various provisions regarding health of public. The role of the Supreme Court is thus significant in protecting the health of people with the help of various decisions.
The Government is obligated to protect and improve the health of the people because the quality of life of a population is very closely linked with its health standards. There are various provisions under the Constitution of India which deal with the …show more content…
The Directive Principles are not legally enforceable but are fundamental in the governance of the country and the State is under duty to apply these principles while exercising its law making power.
The following directives relate to the Right to Health:
Article 39- This article talks about the health of the workers. It also emphasizes that children should be given the opportunities and facilities to develop in a healthy manner while being protected against exploitation.
It was held in Sheela Barse vs. Union of India (4) that it is the duty of the state to look after the development of the child.( )
Article 42- It states that the State should make provision for securing just and humane conditions of work and maternity relief. In U.P.S.C. Board vs. Harishankar (5) Supreme Court has held that “Article 42 provides the basis of the larger body of labor rules”. . In a case (6) the right to live with human dignity enshrined in Article 21 comes from the Directive Principles of State Policy …show more content…
State of W.B. (11) the Court ruled that government should provide adequate medical facilities for its people by running hospitals and health centers.
In State of Punjab v. Ram Lubhaya Bagga,(12) the Supreme Court has recognized that health facility provisions are important.‟. There is no country which has unlimited resources to spend on any of its projects.”
The above judgments are the extended view of Article 21 through which Supreme Court held that “Right to Health‟ is important. that, Right to Life ‟means something more than mere survival and mere existence. The meaning of the word life includes the right to live in fair conditions.
Maintenance and improvement of the public health, providing humane conditions in prisons and maintaining hygiene in slaughter houses have also been included in the expanded scope of Article 21.
There has been no legal provision which has attracted more controversy than Article 21 of the constitution which states: ‘No person shall be deprived of his life or personal liberty except according to procedure established by law’
It is the judicial interpretation and judicial activism that has given enormous dimensions to this article making it an omnibus