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Right to Public Health: Socio-Legal Analysis

Final year student, School of Law, Devi Ahilya Vishwavidyalaya, Indore

The right to public health stimulate the protection of people from various diseases. It includes several rights, freedoms, entitlements, and the principle of non-discrimination. The right to public health supersedes the right of an individual in case of a public emergency. The prevention of public good is always important than the protection of an individual. Initially, the judiciary has made efforts to inculcate the right to public health under Article 21 (right to life and personal liberty) of the Constitution. The Parliament has enacted various laws to protect public health and punish the violators who infringe on the right. The Ministry of Health and Family Welfare, in collaboration with other ministries, formulate various policies. These rights can be achieved only when the community participates in the promotion of rights. NGOs and civil societies also play a significant role in the enforcement of these rights, the introduction of technologies aided in securing, analyzing, and monitoring public health. Several apps have been developing to check, evaluate, and scrutinize the health report of the public. This paper analyses the socio-legal structure of public health in India. Firstly, social factors are taken into account and are analyzed with recent statistics. After such analysis, several suggestions have been laid down to strengthen the public health system. Thereafter, several constitutional provisions, legislation, and policies have been analyzed. The paper asserts that besides the proficiency of the three pillars of democracy, there is a need to upgrade the health facilities, promote awareness campaigns, and wheedle population control. India can secure the right to public health to all its citizens only with the balanced blend of contributions by all shareholders of the Democratic-Republic.

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