Asian Journal of Research in Social Sciences and Humanities
  • Year: 2017
  • Volume: 7
  • Issue: 12

Indian Legal Realism and Right to Health with special references to the Rights of HIV/AIDS Patients

Assistant Professor, Gujarat National Law University, Gandhinagar, Gujarat, India. dkhaire@gnlu.ac.in

Online published on 12 December, 2017.

Abstract

Health is a state of complete physical, mental and social well-being. The term ‗health‘ implies more than mere absence of sickness as held by the Supreme Court. The Apex Court in India has played a decisive role in realization of the right to health by recognizing the right as a part of the fundamental right to life and issuing suitable directions to the State authorities for the discharge of their duties. The Court has recognized that maintenance of health is a most imperative constitutional goal whose realization requires interaction of many social and economic factors. Plethora of cases arising out of PILs have been filed in order to secure proper health services. Many judgments pronounced in these cases have had a profound effect as they have resulted in effective policy making and better execution of services.