Right to Treatment without Discrimination

[Guest guest]

Dear FORUM,

I am writing something about " Right to Treatment " here-

Right to Treatment without Discrimination. The obligation of the State to Ensure

the creation and the sustaining of conditions cngenial to good health is cost by

the constitutional directives contained in Article 38,39(e) (f), 42,47 and 48 A

in part IV of the Constitution of India.

The preamble and Article 38 of the Constitution of India envision

the duty of the State to ensure that life in meaningful and liable

with Human Dignity.

Article 25(1) of the Universal Declaration on Human Rights

guarantees the right to standerd of living adequate for health and

well being.

The Supreme Court of India in Mr. X Vs Hospital Z, states that

people living with HIV & AIDS, " Deserve fully synpathy and are

untitled to all respects as human being.Their society can not,and

should not be avoided,which otherwise would have bad psychological

impact upon them.They have to have their avocation and government

jobs or services can not be denied to them. "

" Article 21 of the Constitution of India imposes an obligation on

the State to safe guard the Right to Life of every

person.Preservation of human life is thus of paramount

importance.The government hospitals run by the State and the medical

officers employed there in are duty bound to extend medical

assistance for preserving human life.Failure on the part of a

Government Hospital to provide timely medical treatment to a person

in need of such treatment results in violation of his Right to Life

guaranteed under Article 21. " Said the Supreme Court in Pashchal

Banga Khet Mazdoor Samiti Vs State of West Bengal.

Further, WHO guidelines hold that PLHAs can not be refused

treatment. The State should establish adequate infrastructure to

tackle the special needs of PLHAs without segregating them from

mainstream society.Private Hospitals should also be encouraged to

invest in adequate facilities to treat PLHAs.

In Solidarity

Amit Shukla

Centre for New Social & Democratic Initiatives

(CNSDI)

2/617,Viram Khand,Gomti Nagar

Lucknow-226010 (U.P.)

INDIA

Ph.No.-+91 522 4011795 /09335671875

Web- http://janvarta.50megs.com

E-mail: <ashukla_cnsdi@...>