RIGHT TO HEALTH- CONSTITUTIONAL PERSPECTIVE OF INDIA AND SOUTH AFRICA

INTRODUCTION The basis of human personality is formed by mental and physical health. Ever since diseases and other such mishaps came into existence, they have controlled human life with a strong grip. Currently, the human race stands alarmed at the sheer amount of disablement, disfigurement and loss of life caused due to illness. Agony is caused by multiple sources, which are both external and internal, ranging from natures’ wrath to lack of proper hygiene. Preservation of good health is a necessary for the survival of the human race. Many factors, over which an individual can have no control, cause health problems; such that personal hygiene cannot prevent. In such cases, state agencies – in a regulatory, effective and authoritative manner – are well equipped to prevent the causes and deal with the ailments. State action to ensure phyical and mental well being of the people, therefore, measures an individual’s right to health in a welfare state. Every sovereign state has plenary power to do all things which promote the health, peace, morals, education and good order of the people and tend to increase the wealth and prosperity of the State. The building of such society invisioned by our Constitution makers, hence, is highly dependent on the maintenance and improvement of public health