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Yes, there have been clear violations of the Constitution in the report.

The right to health care is


an old-age phenomenon. Right to health has been internationally recognised as fundamental
basic human rights, however the national-strategies adopted by the nation or states have not been
guaranteed.

The Constitution of India not only provides for the health care of the people but also directs the
states to take measure to improve health care rights of the people under Article 39 & 47. Based
on the facts mentioned in the report it’s clear that the right to health and woman’s reproductive
rights under right to life in Article 21 of the Constitution of India has been violated. There has
also been violation of Article 47 of Constitution of India. Although the right to health has not
been specifically stated as a separate fundamental right under the Constitution of India but the
Preamble to the Constitution of India, 1950 establishes India as a socialist and secular state and
the basic frame work of socialism is to provide a decent standard of life to people. Right to life as
guaranteed in Article 21 is relatable to right to health. The Hon’ble Supreme Court by its judicial
interpretation has expanded the meaning and scope of life in Article 21 of the Constitution of
India and has brought right to health under the right to life. So here in this report its clear that
there has been violation of her right to health as guaranteed under Article 21 of the Constitution
of India and there has also been violation of Article 47 in the Directives Principle in Part-IV of
the Constitution of India.

The State is under an obligation to take all the steps for the improvement of public health and to
safeguard the right to life of every citizen. The State is manadated to provide every person the
right to health and medical treatment and in the Directives Principles in Part-IV of the
Constitution of India, Article 47 states that of India that the State shall regard the raising of the
level of nutrition and the standard of living of its people and the improvement of public health as
its primary duties. The Constitutional directives contained in Article 39(e), (f), 42 and 47 in Part-
IV of the Constitution of India cast the obligation on the State to ensure the creation and the
sustaining of conditions congenial to good health. So the States is under Constitutional obligation
to address these violations.

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