IMPHAL: The Zomi Human Right Foundation (ZHRF) on Saturday urged all concerned units to rigorously take up measures to employ all available means to provide health care facilities so that there is no denial of health services to one and sundry irrespective of their ailments and also to ensure that there is no repetition where any individual lost their life due to the denial of health services by the health service providers.
In a press statement signed by the secretary Information and Publicity Department of ZHRF, it was stated that life is a capacity for growth, functional activity, and continual change until death. It is also period during which life lasts. In other words it means being in existence and living. The holy Bible told us that human life expectancy is till the age of 70 years which may extend to 80 and beyond but all these with hardship.
“Life is a gift of God, an embodiment of the true character of God in its creation, humanity”.
Article 21 of the Indian Constitution guaranteed for the protection of life and personal liberty. The article reads as ‘no person shall be deprived of his life or personal liberty except according to the procedure established by law’. By the expression procedure established by law in article 21, it has been judicially construed as meaning a procedure which is reasonable, fair and just. Under the canopy of article 21 of the Constitution, so many rights found shelter, growth and nourishment. Though the article appears to be negative in its grammatical form, it has, in reality been given a positive effect by judicial interpretation, the statement said.
In P.Nalla Thampi Vrs Union of India, AIR 1985 SC 1133; 1985 Supp. SCC 189, the Supreme Court of India declared that the Right to Life included the finer graces of human civilization and virtually rendered this fundamental right a repository of various human rights. In Parmanand Katara Vrs Union of India, AIR 1989 SC 2039; (1989)4 SCC 286, the Supreme Court of India held that the right to life included an Emergency Medical aid. Again, in Paschim Bengal Khel Mazdoor Society Vrs State of West Bengal, AIR 1996 SC 2426 paragraph 9,15,16, the Supreme Court of India held that failure on the part of a government hospital to provide timely medical treatment to a patient in need of such treatment amounts to violation of the right to life. In State of Punjab Vrs Mahinder Singh Cjhawla AIR 1997 SC 1225: (1997) 2SCC 83; 1997 SCC (L&S) 294, the Supreme Court of India held that the right to life includes the right to health, added the statement.
While the society is passing through the pandemic of Covid-18, it is worthwhile to reflect on the catena of cases decided by the Supreme Court of India wherein the Right to Life was held to include the right to health, providing of timely medical treatment to patient, emergency medical aid to patients and needy person. The government and the policy makers of the day are called upon to rigorously take into consideration the health of all individual irrespective of ailments. Due to the pandemic, extra miles have been taken to control, contained and reversed the onslaught of the virus. Yet, health related issues of those persons without any contamination of the virus do also need utmost care and attention, said the statement.
It will also be worthwhile to mention that there are certain duties imposed upon each and every individual by the Constitution of India and other laws of the land. Every individual are also given a responsibility to perform one’s duty. Rights of an individual does not exist in a vacuum. Every rights has a corresponding duty to be performed. Thus, while talking about the rights guaranteed by the laws of the land, it is also pertinent to mentioned that there are certain duties imposed upon an individual. Claiming and exercising of rights should always goes with the performance of one’s duty. For a better society, there is always a need for a balanced between the two elements.
As the denial of health services like timely medical treatment tantamount to the denial of right to life as envisages by Article 21 of the Indian Constitution, the foundation, therefore measures to employ all available means to provide health care facilities should be rigorously taken up so that there is no denial of health services to all and sundry irrespective of their ailments and to ensure that there is no repetition where an individual lost his life due to the denial of health services by the health service providers.