Blog by Niti Manthan
Facilitating young minds towards holistic development.
On June 25, 1975, the President exercised the power conferred in Article 352 of the Constitution because there prevailed a threat to internal disturbances. This day was regarded as the darkest day in the history of the Indian Constitution. This article focuses on the famous dissent of Justice Khanna on the ADM Jabalpur v. Shivkant Shukla case. This article tries to put forward the after-effects of Justice Khanna’s dissent. It also focuses on why Justice Khanna’s dissent is relevant even today.
Every individual has a right to stay healthy and have access to healthcare facilities especially in these trying circumstances. This article tries to explain the key aspects of the right to health and how the right to health was given a place in the Constitution of India. This article further tries to look at the right to health of specific groups of people such as women, children and adolescents, persons with disabilities, migrants and persons living with HIV/AIDS. Lastly, it tries to examine the obligations and responsibilities of the State with respect to the right to health and holding States accountable for the same.
The right to health refers to the most attainable levels of health that every human being is entitled to. Health has been much regarded as the basic and fundamental human right by the international community under international human rights law. In contrast to all the other human rights, the right to health creates an obligation upon the states to ensure that the right to health is respected, protected and fulfilled, and is duly entitled to all its citizens.