Analysing Right to Health as a Fundamental Right for Prisoners

Author(s)	Rushil Mario, Prof. BABITHA N S
Country	India
Abstract	The right to health is widely recognised as a fundamental human right under international law and constitutional jurisprudence. The World Health Organization’s Constitution expressly declares that “the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being”. Similarly, the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) guarantee the right to an adequate standard of health and view it as essential to the right to life itself. In India, although the Constitution does not explicitly mention “health” among the fundamental rights, the Supreme Court has long held that Article 21 which guarantees the right to life and personal liberty includes within it the right to live with human dignity and with the “health and strength” necessary for a dignified existence. This judicial interpretation has steadily extended Article 21 to embrace a range of socio-economic rights, including access to medical care and a clean environment. Directive Principles such as Article 47 (state duty to raise health and nutrition standards) reinforce that the State must actively secure public health.
Field	Sociology > Administration / Law / Management
Published In	Volume 7, Issue 2, March-April 2026
Published On	2026-03-10

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