India's Supreme Court Declares Health a Fundamental Right Under Constitution

The Supreme Court of India has reaffirmed the right to health as a fundamental part of the right to life under Article 21 of the Constitution. This includes the State’s duty to provide timely medical treatment, especially in emergencies. The ruling underscores the obligation to ensure access to healthcare for all citizens. Article 21 guarantees that no person can be deprived of life or personal liberty except through legal procedure. The Supreme Court has repeatedly held that this provision covers the right to health and medical care. It has also ruled that denial of treatment in government hospitals violates this right.

India’s public health spending remains low, at just 1.2-1.5% of GDP. This falls short of the WHO’s recommended 5% and the National Health Policy 2017 target of 2.5%. The gap in funding contributes to unequal access, particularly for rural and tribal communities.

Structural barriers further complicate access to justice in rural healthcare. Geographic remoteness, high litigation costs, and limited legal aid make it difficult for affected individuals to seek redress. Additionally, the role of AYUSH practitioners in primary care has sparked legal debates over their practice and accountability.

The Constitution’s Directive Principles of State Policy, such as Article 47, also highlight the State’s duty to improve public health and living standards. The Supreme Court has upheld the validity of compulsory rural service for medical professionals but warned against arbitrary implementation. India’s commitments under the ICESCR also require progressive fulfilment of the right to health without discrimination. The Supreme Court’s rulings reinforce the State’s responsibility to provide healthcare as a fundamental right. Structural and financial challenges, however, continue to limit access for marginalised groups. Legal and policy frameworks exist, but their effective implementation remains a critical issue.