Annotation

The article deals with the right to health and its constitutional regulation. It is noted that the interpretation of this right as a fundamental right was made possible by a number of decisions of the Supreme Court of India. According to its theory of “emanation”, even if a right is not expressly mentioned in Part III of the Constitution of India which contains the list of fundamental rights, it may still be considered as a fundamental right if it can be seen as an integral part of some already mentioned fundamental right. According to the Apex court, the right to health is an aspect of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India. The Supreme Court holds that the right to life loses its meaning unless certain ancillary rights, such as the right to health, are guaranteed. Despite the significance of the expanded interpretation of Article 21 of the Constitution, which allowed for the formulation of a number of new fundamental rights, the realization of human rights in India continues to face a number of challenges, determined by the persistent patriarchal nature of Indian society and the resulting inequalities, as well as the illiteracy of a significant portion of the population. This applies, not least, to the right to health, which remains a kind of “Cinderella” among fundamental rights. The main obstacles to realization of this right are underdeveloped healthcare infrastructure, especially in rural and remote areas, a shortage of medical facilities and qualified medical personnel, and the imperfection of current legislation. The somewhat diminished role of the state in healthcare and its commercialization also play a negative role.