RIGHT TO HEALTH IN INDIA

This paper examines the evolution, legal framework, and practical challenges of the Right to Health in India. While the framers of the Indian Constitution initially placed health under the non-justiciable Directive Principles of State Policy (Article 47), the judiciary later used structural interpretation to link it directly to the Right to Life under Article 21. Through landmark cases like Parmanand Katara and Paschim Banga Khet Mazdoor Samity, the Supreme Court established that the state cannot cite financial limitations to deny emergency medical care, and that living with dignity inherently requires access to healthcare and a clean environment. Despite these strong judicial rulings, a major gap persists between legal principles and real-world implementation. This paper analyses how low public spending (stuck below 2% of GDP), severe medical staff shortages, and weak rural infrastructure have created a fractured system where quality healthcare is accessible primarily to the wealthy. While initiatives like Ayushman Bharat (PM-JAY) offer financial protection for inpatient surgeries, they fail to cover daily outpatient expenses, which continue to push millions into poverty annually. The study concludes that fulfilling the Right to Health requires moving past progressive policies toward passing an enforceable Right to Health Act, raising public health spending to at least 3% of GDP, and ensuring strict executive accountability.