Health is a vital indicator of human development and human development is the basic ingredient of economic and social development. According to the World Health Organization (WHO), health is a state of complete physical, mental and social well-being and not merely the absence of disease. The right to health for all people means that everyone should have access to the health services they need, when and where they need them, without suffering financial hardship. No one should get sick and die just because they are poor, or because they cannot access the health services they need. Good health is also clearly determined by other basic human rights including access to safe drinking water and sanitation, nutritious foods, adequate housing, education and safe working conditions. Everyone has the right to privacy and to be treated with respect and dignity. Nobody should be subjected to medical experimentation, forced medical examination, or given treatment without informed consent. The Indian Constitution has granted certain fundamental rights to its citizen under part III of it these rights play an important role with reference to the health and health care.

In CESC Ltd. v. Subash Chandra Bose, AIR 1992 SC 573 case, the Supreme Court relied on international instruments and concluded that right to health is a fundamental right. It went further and observed that health is not merely absence of sickness: “The term health implies more than an absence of sickness. Medical care and health facilities not only protect against sickness but also ensure stable manpower for economic development. Facilities of health and medical care generate devotion and dedication to give the workers’ best, physically as well as mentally, in productivity. It enables the worker to enjoy the fruit of his labour, to keep him physically fit and mentally alert for leading a successful economic, social and cultural life. The medical facilities are, therefore, part of social security and like gilt edged security, it would yield immediate return in the increased production or at any rate reduce absenteeism on grounds of sickness, etc. Health is thus a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.”

Constitutional Provisions:

There is no direct mention of the “Right of Health” in the Constitution. But Article 21 refers to right to life which includes living with a good Health. In a leading case, the Supreme Court held that the right to life implies the right to live healthy life. The Constitution of India not only provides for the health care of the people but also directs the state to take necessary measures to improve the condition of health of the people. Though the provisions enshrined under this part have no direct link with the healthcare, however from various judicial interpretations it has been established that the intention of the legislature were there to cover the health as a right of the citizens.

Fundamental Rights:

Article 14:

Article 14 speaks about equality before law where the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Article 15:

Article 15 contains provisions for a particular application of the general principle of ‘equality of treatment’ embodied in Article 14. It prohibits discrimination against citizens on the grounds only of religion, race, caste, sex, place of birth or any of them. Even nothing in this Article shall prevent the State from making any special provision for women and children for their betterment of life.

Article 19(1)(g):

According to Article 19 (1) (g) all citizens shall have the right to practice any profession, or carry on any occupation, trade or business subject to restrictions imposed in the interest of general public under clause (6) of Article 19. 

In Burrabazar Fire Works Dealers Association v. Commissioner of Police, Calcutta, AIR 1998 Cal 121 case, the Supreme Court held that Article 19 (1) (g) does not guarantee the freedom which takes away that community’s safety, health and peace.

Article 21:

According to Article 21 of the Constitution of India “no person shall be deprived of his/her life or personal liberty except according to the procedure established by law. Right to life under Article 21 of the Constitution has been generously deciphered to mean something more than only human presence and incorporates the right to live with nobility and conventionality. The use of word ‘Life’ in Article 21 of the Constitution has a lot more extensive importance which includes human nobility, the right to livelihood, right to health, right to pollution free air, and so forth.

In Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802 case, Bhagwati, J. observed: “This right to live with human dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and Particularly clauses (e) and (f) of Article 39 and Article 41 and 42.” Since the Directive Principles of State Policy are not enforceable in a Court of law, it may not be possible to compel the State through judicial process to make provision by statutory enactment or executive fiat for ensuring these basic essentials which go on to ensure a life of human dignity.

In Paschim Banga Khet Mazdoor Samity v. State of West Bengal, (1996) 4 SCC 37  case, while widening the scope of Article 21 and the government’s responsibility to provide medical aid to every person in the country, the Apex Court held that in a welfare state, the primary duty of the government is to secure the welfare of the people. Providing adequate medical facilities for the people is an obligation undertaken by the government in a welfare state. The government discharges this obligation by providing medical care to the persons seeking to avail of those facilities.

In Unnikrishnan, J.P. v. State of Andhra Pradesh, AIR 1993 SC 2178 case, the Court held that the maintenance and improvement of public health is the duty of the State to fulfill its constitutional obligations cast on it under Article 21 of the Constitution.

In the State of Punjab v. M.S. Chawla, AIR 1997 SC1225 case, the Court held that-the right to life ensured under Article 21 incorporates inside its ambit the right to health and clinical consideration. 

in Consumer Education and Research Center v. Union of India, AIR 1995 SC 922 case, the Supreme Court held that right to health, medical aid to protect the health and vigour of a worker while in service or postretirement is a fundamental right under Article 21. 

In Parmananda Katara Vs Union of India, AIR 1989 SC 2039 case, the apex court held that every doctor is bound to provide medical aid to the victims irrespective of the cause of injury; he cannot take any excuse of allowing law to take its course. Hence, if now a doctor refuses treatment, in case of emergency, he/she could be sued under the law. Once the doctor accepts the case and starts treatment, then the doctor-patient relationship is established. The Court further stated that preservation of health is of paramount importance. Once life is lost it cannot be restored. Hence, it is the duty of doctors to preserve life without any kind of discrimination.

Article 32:

Under Article 32 of the Constitution, any person whose fundamental rights are violated can approach the Supreme Court for restoration of his fundamental right. Similarly, under Article 226 of the Constitution, any person whose fundamental rights are violated can approach High Court of respective State for restoration of his fundamental right.

Directive Principles:

The Directive Principles of State Policy (DPSP), enshrined in Chapter IV of the Constitution of India, require the state to, among other duties.

Article 38:

Article 38 provides that, “the State shall strive to promote the welfare of the people by securing and protecting, as effectively as it may, a social order in which justice– — social, economic and political, shall inform all the institution of the national life”. Thus, a constitutional liability is imposed on state that the State will secure a social order for the promotion of welfare of the people including public health because without public health welfare of people is practically meaningless.

Article 39:

Article 39 enjoins upon the State that (i) that the health and strength of workers and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength and (ii) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

In Lakshami Kant Pandey v. Union of India, 1987 AIR 232 case, Bhagawati, J. while delivering the opinion of the court observed that: “It is obvious that in civilized society the importance of child welfare cannot be overemphasized because the welfare of the entire community, its growth and development depends upon the health and well-being of its children. Children are a „supremely important national asset and the future well-being of the nation depends on how its children grow and develop.”

 In Sheela Barse v. Union of India, 1986 SCALE (2) 230 case, the Supreme Court held that “A child is a national asset and therefore, it is the duty of the State to look after the child with a view to ensuring full development of its Personality.”

Article 41:

Article 41 deals with right to work, education and public assistance in certain cases and thus imposed duty on the State to public assistance basically for those who are old, sick and disable. This Article specifically says that “the state shall within the limits of its economic capacity and development, make effective provisions for securing the right to work, to education and to public assistance in case of unemployment, old age, sickness and disablement, and in other cases of undeserved want”. Their implications in relation to health are obvious.

In Mahendra Pratap Singh v. State of Orissa, AIR 1997 Ori 37 case, the Court held that in a country like ours, it may not be possible to have sophisticated hospitals but definitely villagers within their limitations can aspire to have a Primary Health Centre. The government is required to assist people, get treatment and lead a healthy life. Thereby, there is an implication that the enforcing of the right to life is a duty of the state and that this duty covers the providing of right to primary health care.

Article 42:

Article 42 provides for just and humane conditions of work and maternity relief and gives the power to the State for making provisions in this regard, which implies that this Article is intended to protect the health of infants and mothers by providing maternity benefit.

In U.P.S.E. Board v. Harishankar, AIR 1980 SC 65 case, the Supreme Court held that Article 42 provides the basis of the larger body of labour law in India. Further referring to Article 42 and 43, the Supreme Court has emphasized that the Constitution expresses a deep concern for the welfare of the workers. The Court may not enforce the Directive Principles as such, but they must interpret law so as to further and not hinder the goal set out in the Directive Principles. 

In P Sivaswamy v. State of Andhra Pradesh, AIR 1988 SC 1863 case, the Supreme Court held that Article 42 of the Constitution makes it the obligation of the State to make provisions for securing just and humane conditions of work. There are several Articles in Part IV of the Constitution which indicate that it is the State’s obligation to create a social atmosphere befitting human dignity for citizens to live in.

Article 43:

Article 43 lays down that alia that the State must endeavour to secure a decent standard of life to all workers.

Article 45:

Article 45 lays down that the State must endeavour to provide any childhood care and education to all children under the age of six years.

Article 47:

Article 47 imposes duty on the State to raise the level of nutrition and the standard of living and to improve public health. It categorically provides that “the State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.”

In Vincent Panikurlangara v. Union of India, AIR 1987 SC 994 case, the Court stated that “maintenance and improvement of public health have to rank high as these are indispensable to the very physical existence of the community and on the betterment of these depends, the building of the society of which the Constitution makers envisaged. Attending to public health, in our opinion, therefore is of high priority perhaps the one at the top”. The Supreme Court while interpreting Article 47 has rightly stated that public health is to be protected for the betterment of the society. Further it has been held that, in this welfare era raising the level of nutrition and improvement in standard of living of the people are primary duties of the State.

Article 48A:

Article 48A ensures that State shall endeavour to protect and impose the pollution free environment for good health.

In M.C. Mehta v. Union of India, Writ Petition (civil) 13029 of 1985 Case, the Court held that, “Art 39 (a), 47 and 48-A by themselves and collectively cast a duty on the State to secure the health of the people, improve public health and protect and improve the environment”

In Virender Gaur v. State of Haryana, 1995 (2) SCC 577 case, the Supreme Court held that environmental, ecological, air and water pollution, etc., should be regarded as amounting to violation of right to health guaranteed by Article 21 of the Constitution.

Fundamental Duties:

Article 51A:

Article 51 A (g) under Part IV – A of the Constitution says that “it shall be the duties of every individual to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.”

Euthanasia:

Euthanasia is described as the deliberate and intentional killing of a person for the benefit of that person in order to relieve him from pain and suffering. The term ‘Euthanasia’ is derived from the Greek words which literally means “good death” (Eu= Good; Thanatos=Death). Euthanasia is defined as the act of bringing the death of a person (patient) for the purpose of relieving the patient’s intolerable and incurable suffering. Typically, the physician’s motive is merciful and intended to end suffering. In voluntary euthanasia, a consent from the patient is taken. In non-voluntary euthanasia, the consent of patient is unavailable due to some reason.

In active euthanasia, the death of patient is brought directly by giving him a lethal dose of poisonous drug. In passive euthanasia, the life supporting system to the patient is discontinued and ultimately patient dies. In Aruna Shanbaug v. Union of India, the Supreme Court opposed active euthanasia but has given nod to passive euthanasia.

Conclusion:

From the above discussion, it is evident that right to life also includes right to health and therefore the state and its instruments, are duty bound to provide health care facilities and services to all its citizens without any discrimination. The Constitution also stipulates certain duties for the citizens towards contributing to the promotion of health in the country.

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In this article, we shall study the objectives and features of the Wildlife Protection Act, 1972.

Constitutional Provisions:

Article 48-A of the Constitution says that the State shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. Thus the Constitution advises (directive principle) the State to develop a mechanism and formulate Acts for the protection of wildlife. Article 51A (g) imposes a fundamental duty on every citizen of India to protect and improve the environment and have compassion for living creatures.

Need of the Wild Life Protection Act :

Wild Life, which is a part and parcel of the environment, constitutes the wealth of the nation. it included wild animals, birds, plants, etc. However, man, in the process of progress and development and also for his selfish ends, is causing much damage to the forests and wildlife. The Wildlife Protection Act, 1972, provides for protection to listed species of flora and fauna and establishes a network of ecologically-important protected areas. The Act consists of 60 Sections and VI Schedules- divided into Eight Chapters. The Wildlife Protection Act, 1972 empowers the central and state governments to declare any area a wildlife sanctuary, national park or closed area. It provides for authorities to administer and implement the Act; regulate the hunting of wild animals; protect specified plants, sanctuaries, national parks, and closed areas; restrict trade or commerce in wild animals or animal articles; and miscellaneous matters. The Act prohibits hunting of animals except with permission of authorized officer when an animal has become dangerous to human life or property or as disabled or diseased as to be beyond recovery.

Objectives of the Wild Life Protection Act:

• To prohibit hunting of wild animals; birds, etc. and impose punishment for violating the same. The schedules give absolute protection to certain species and these cannot be infringed on any account. 
• To provide security to animals that are not in danger of becoming extinct.
• To delineate animals that can be hunted like ducks and deer’s. For this purpose the hunter has to apply for a license to the District Forest Officer who will allow a hunter to shoot during a specific season and restricted area. Any infringement can lead to cancellation of the hunting license.
• To help cultivation and plant life and gives teeth to setting up more protected animal parks.
• To give sweeping powers to law enforcement authorities to punish anybody guilty under the Act.
• To empower the Central Govt. and State Govt. to declare certain areas as Sanctuaries or National Parks.

Salient Features of the Wild Life Protection Act:

• It defines wildlife-related terminology.
• It provides for the appointment of wildlife advisory Board, Wildlife Warden, their powers, duties, etc.
• It helped in becoming a party to the Convention of International Trade in Endangered Species of Fauna and Flora (CITES, 1976).
• It supported launching a “national component of UNESCO’s ‘Man and Biosphere Programme’ (1971).
• The Act made a comprehensive list of endangered wildlife species for the first time and prohibition of hunting of the endangered species was mentioned.
• It also provides for the protection of some endangered plants.
• It provides for setting up of National Parks, Wildlife Sanctuaries, etc.
• It provides for the constitution of Central Zoo Authority.
• It provides for trade and commerce in some wildlife species with a license for sale, possession, transfer, etc.
• It imposes a ban on the trade or commerce in scheduled animals.
• It provides for legal powers to officers and punishment to offenders.
• Very mild penalty and punishment are provided for an offender under the Act.
• The Act contains 66 Sections divided into seven chapters and six schedules.

Chapters:

• Chapter- I (Sections 1 and 2 ) contains short title and definitions.
• Chapter – II deals with Authorities under the Act.
• Chapter – III deals with the hunting of wild animals
• Chapter – III A deals with the protection of Specified Plants.
• Chapter – IV provides for declaration of sanctuaries, National Parks and Closed Areas.
• Chapter – IV-A deals with the Central Zoo Authority and Recognition of Zoos.
• Chapter- V deals with Trade or Commerce in Wild Animals, Animal Articles and Trophies.
• Chapter – V- A deals with the prohibition of Trade or Commerce in Trophies, Animal Articles, etc.
• Chapter- VI relates to Prevention and Detection of offences
• Chapter VI – A deals with Forfeiture of property derived from illegal hunting and trade
• Chapter- VII contains Miscellaneous Provisions.

Schedules:

• Schedule I: List of wild animals those can be hunted only if the threat to human life or disabled or diseased; trade prohibited.  This schedule is for endangered species, that deserve rigorous protection and the breach of these rules results in serious punishment. A famous case where this was applied was when Salman Khan was sentenced to 5 years in prison for hunting a blackbuck.
• Schedule II: List of wild animals those can  be hunted only if the threat to human life or disabled or diseased; trade prohibited
• Schedule III and Schedule IV: List of those animals not in danger of becoming extinct; hunting invokes penalties. This Schedule is for species that are not endangered, but the protection and punishments are equally rigorous.
• Schedule V: List of animals declared as vermin. Only four species of wild animals i.e. common crow, fruit bats, mice, and rats are permitted to be hunted. This Schedule delineates the animal species that can be hunted, like deer or ducks, and the rules pertaining to their hunting.
• Schedule VI: Specified plants; trade, possession, etc. regulated by chapter III. This Schedule covers the protection and trade of medicinal plants as well as agricultural species of plants.

Extent and Applicability (Section 1):

Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states. This is the first comprehensive legislation relating to the protection of wildlife was passed by the Parliament and it was assented by the President on 9th September 1972 and came to be known as The Wild Life (Protection) Act, 1972 (53 of 1972).

When this Act was passed the wildlife protection subject was in State List and states were empowered to make law on it. The Parliament passed this Act using provisions in Article 252 of the Constitution.

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• A body of fundamental rules and regulations according to which a country is organized and governed, is called a constitution.
• In constitution the structure and organization of government, its powers and functions are given. Besides this, the rights and duties of the people are also mentioned.
• The first constitution of the world is a document called Magna Carta (means Great Charter) was signed by King John of England on 15 June 1215. This was the first written documents regarding the structure and organization of government, its powers, and functions. Many democracies all over the world have based their constitutions on the guidelines of Magna Carta.

The Framing of Indian constitution:

• India got freedom from the British on 15 August 1947. British transferred the political power to India, To decide the source, objectives, and nature of the state was a major task.
• The framing of the Indian constitution was done by a constituent assembly, made up of people representing different opinions, all the communities and all the classes of India. Dr Rajendra Prasad was chairman of the constituent assembly.
• The Constituent Assembly met for the first time in New Delhi on 9 December 1946 in the Constitution Hall which is now known as the Central Hall of Parliament House.  Those who present in a front row were Pandit Jawaharlal Nehru, Maulana Abul Kalam Azad, Sardar Vallabhbhai Patel, Acharya J.B. Kripalani, Dr Rajendra Prasad, Smt. Sarojini Naidu, Shri Hare-Krushna Mahatab, Pandit Govind Ballabh Pant, Dr B.R. Ambedkar, Shri Sarat Chandra Bose, Shri C. Rajagopalachari and Shri M. Asaf Ali. Two hundred and seven representatives, including nine women, were present.
• The Constituent Assembly took almost three years (two years, eleven months and seventeen days to be precise) to complete its historic task of drafting the Constitution for Independent India.
• During this period, it held eleven sessions covering a total of 165 days. Of these, 114 days were spent on the consideration of the Draft Constitution.

Sessions of the Constituent Assembly:

• First Session: 9-23 December 1946
• Second Session: 20-25 January 1947
• Third Session: 28 April – 2 May 1947
• Fourth Session: 14-31 July 1947
• Fifth Session: 14-30 August 1947
• Sixth Session: 27 January 1948
• Seventh Session: 4 November 1948 – 8 January 1949
• Eighth Session: 16 May – 16 June 1949
• Ninth Session: 30 July – 18 September 1949
• Tenth Session: 6-17 October 1949
• Eleventh Session: 14-26 November 1949, on 26 th November 1949, the constitution of India was passed.
• The Assembly met once again on 24 January 1950, when the members appended their signatures to the Constitution of India

Important Committees of Constituent Assembly and Their Chairmen:

• Committee on the Rules of Procedure: Rajendra Prasad
• Steering Committee: Rajendra Prasad
• Finance and Staff Committee: Rajendra Prasad
• Credential Committee: Alladi Krishnaswami Ayyar
• House Committee: B. Pattabhi Sitaramayya
• Order of Business Committee:   K.M. Munsi
• Ad hoc Committee on the National Flag:   Rajendra Prasad
• Committee on the Functions of the Constituent Assembly:  G.V. Mavalankar
• States Committee: Jawaharlal Nehru
• Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas: Vallabhbhai Patel
•  Minorities Sub-Committee:  H.C. Mookherjee
• Fundamental Rights Sub Committee: J.B. Kripalani
• North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee: Gopinath Bardoloi
• Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee:  A.V. Thakkar
• Union Powers Committee:  Jawaharlal Nehru
• Union Constitution Committee:  Jawaharlal Nehru
• Drafting Committee: B.R. Ambedkar

Republic of India:

• The constitution of India came into force on 26 January 1950.
• India was declared the Sovereign Democratic Republic. Sovereign means an independent country which is not subject to any outside authority and not influenced by any outer power during the formulation of its foreign policies and internal affairs. Democratic means governed by people, for the people, and by the people. Republic means a state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch.
• This day is celebrated as Republic Day in India.
• The event is celebrated by a grand military parade and floats, music and dances from different states of India in New Delhi on Rajpath.

Key Features of the Indian Constitution:

Federalism:

• Federalism refers to the existence of more than one level of government in the country. In India, we have three level system.
  governments at the centre level, governments at the state level and  Panchayati Raj is the third level of government.
• India is a country of vast cultures and aspirations. Hence needs, culture, and aspirations of each region are different.  The person sitting in capital cannot take a decision on behalf of everyone in the country. Hence another level of government in the states is established so that decisions could be made for that particular region.
• Each state in India enjoys autonomy in exercising powers on certain issues. In the case of national concern, all of these states follow the laws of the central government.
• The Constitution of India contains lists that detail the issues that each level of government can make laws on.
• The Constitution specifies the source of income of each level of government.
• All persons in India are governed by laws and policies made by each of these levels of government.

Parliamentary Form of Government:

• The different levels of government consist of representatives who are elected by the people. 
• Members of the Constituent Assembly felt that the parliamentary form of government would help encourage a democratic mindset and break the clutches of traditional caste, class and gender hierarchies.
• People of India have a direct role in electing their representatives.
• Every citizen of the country, irrespective of his/her social background, can contest in elections.
• These representatives are accountable to the people.

Separation of Powers:

• There are three parts of the State. These are the legislature, the executive, and the judiciary. The legislature refers to our elected representatives of parliament or legislative assemblies. The executive is a smaller group of
  people who are responsible for implementing laws and running the government (Ministerial Council). The judiciary refers to the system of courts in this country.
• In order to prevent the misuse of power by any one branch of the State, the Constitution
  says that each of these parts should exercise different powers. Each part acts as a check on the other part of the State. Thus the balance of power between all three parts of the state is ensured.

Fundamental Rights in Indian Constitution:

• The section on Fundamental Rights in the constitution of India has often been referred to as the ‘conscience’ of the
  Indian Constitution.
• Fundamental Rights, protect citizens against the arbitrary and absolute exercise of power by the State. The
  Constitution, thus, guarantees the rights of individuals against the State as well as against other individuals.
• Rights of minority communities are protected.  The Constitution guarantees the rights of minorities against
  the majority.
• In addition to Fundamental Rights, the Constitution also has a section called Directive Principles of State Policy. This is a guide to the independent Indian State to make laws and policies that help reduce the poverty of
  the masses.

Secularism:

• A secular state is one in which the state does not officially promote any one religion as the state religion.

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