Right to health: Challenges and opportunities

Kumar, Rajesh

doi:10.4103/0970-0218.164379

Cited by 4 publications

(1 citation statement)

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“…The constitutional and legal framework of the management of epidemics and health emergencies has been at the forefront of discussions and debates throughout and outside of the nation since the nationwide lockdown order. The Indian Constitution ensures the Right to Health for all without any discrimination (Kumar, 2015; Mathiharan, 2003). Article 21 in the Indian Constitution states explicitly the citizen's fundamental right to life and personal liberty, which can be argued was violated as the country enacted a complete nationwide lockdown.…”

Section: Indian Constitutional and Legal Framework Related To Health Emergenciesmentioning

confidence: 99%

COVID‐19 and the legislative response in India: The need for a comprehensive health care law

Gowd

Veerababu

Reddy

2021

Journal of Public Affairs

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The outbreak of the SARS CoV2 virus, commonly referred to as the COVID‐19 pandemic, has impacted the social, economic, political, and cultural lives of citizens around the world. The sudden outbreak of the pandemic has exposed the legal preparedness, or lack thereof, of governments to reduce and contain its drastic impact. Strong legislative measures play a crucial role in any epidemic or pandemic situation. In this situation, the Indian Government has requested all state governments to invoke the Epidemic Disease Act (EDA) of 1897 to address the COVID‐19 emergency. The Central Government has also used the powers provided in the Disaster Management Act (DMA) of 2005. As the country is facing its first major health emergency since independence, the existing legislative measures to deal with a COVID‐19 like situation are lacking and require certain amendments to address such situations in the future. This paper aims to present the current constitutional and legislative response to health emergencies in India and attempts to identify gray areas in the statutory provisions. Based on the analysis, this paper suggests several recommendations for amending current legislation and suggests the promulgation of comprehensive public health law. This paper is largely based on primary sources such as the EDA and the DMA, regulations, guidelines, rules issued by the public authorities and court cases related to health and health emergencies along with secondary resources such as newspaper articles and published papers.

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Section: Indian Constitutional and Legal Framework Related To Health Emergenciesmentioning

confidence: 99%