India's Courts Expand Article 21 to Cover Health and Environment
India's courts have played a major role in widening the meaning of the right to life to include health, according to BJP MP Arun Govil. Speaking with a United Nations special envoy in New York, he explained how the Supreme Court has interpreted Article 21 of the Constitution to cover the highest attainable standard of physical and mental health.
The Permanent Mission of India to the United Nations in New York shared the highlights of the conversation on social media. The discussion centred on how judicial enforcement of the right to health can promote justice and accountability.
During the meeting, Govil acknowledged that treatment costs, language barriers, distance from facilities and limited legal knowledge can keep people from fully using their right to health. He also spoke about issues relating to corporate accountability and commended the report for including good practices from across the globe.
"We thank the special envoy for bringing a timely and important theme into the report," Govil said. "The report points out that cost, language, distance and legal awareness affect people's right to health. It also states that in some cases corporate power avoids accountability."
He welcomed the focus on examples from around the world, saying member states can benefit from learning from one another. Govil added that the theme resonates with India's own experience, as the Supreme Court has long held that the right to life under Article 21 includes the right to health.
Govil explained that the apex court, through several significant decisions, has made it clear that health and access to medical care are part of the right to life. He referred to a 1995 judgment that focused on the health and welfare of workers and observed that industrial development must not be achieved at the expense of employees' wellbeing.
"In 1995 itself, the court made it clear that the right to health and medical care is a fundamental right," he said. "Employers were directed to provide health insurance and safe workplaces, so that industrial progress does not harm workers' health."
He also highlighted judicial interventions aimed at ensuring emergency medical services for patients and improving hospital facilities. According to Govil, courts have considered a clean and healthy environment to be an integral part of Article 21. He noted that in 2024 the Supreme Court recognised protection from the adverse impacts of climate change as a constitutional right.
Govil also referred to recent judicial orders mandating warning labels on packaged food products, calling it an important matter linked to the commercial effects on health. He welcomed the envoy's reference to a Supreme Court verdict on access to reproductive healthcare services.
He said India continues to work toward a healthcare system that is more accessible, affordable and equitable. Major reforms have been undertaken so that every individual can access treatment easily and at a reasonable cost. Govil affirmed that the country is fully committed to providing quality and affordable healthcare to every citizen.