Correct Option
The correct option is (b) 2 only.
Explanation
Article 21 of the Indian Constitution guarantees the protection of life and personal liberty. Through judicial activism and liberal interpretation, the Supreme Court has expanded the scope of Article 21 to include implied rights such as the right to health, the right to a clean environment, and the right to timely medical treatment.
Statement-wise Analysis
- Statement 1 is Incorrect. The Right to Life is explicitly safeguarded under Article 21 of the Indian Constitution, which states that "No person shall be deprived of his life or personal liberty except according to procedure established by law." It is considered one of the most fundamental of all rights.
- Statement 2 is Correct. In the landmark case of Paschim Banga Khet Mazdoor Samity vs. State of West Bengal (1996), the Supreme Court ruled that the failure of a government hospital to provide timely medical treatment to a person in need of emergency care amounts to a violation of the Right to Life under Article 21. The State is under a constitutional obligation to preserve life.
- Statement 3 is Incorrect. In the same judgment (Paschim Banga Khet Mazdoor Samity case), the Supreme Court held that if the State fails to provide necessary medical facilities in government hospitals, leading a patient to seek treatment in a private hospital, the Court has the power to direct the State Government to reimburse the expenses incurred by the patient.
Key Takeaway: The Right to Life under Article 21 is not merely an animal existence but includes the right to health and medical care. The State is constitutionally liable to provide emergency medical aid, and failure to do so attracts judicial intervention and compensation.