In the context of the judicial interpretation of the 'Right to Life', consider the following: 1. The Right to Life is not safeguarded under the Indian Constitution. 2. Failure of a government hospital to provide timely treatment can be viewed as a violation of the Right to Life. 3. The Court cannot direct the State Government to reimburse patients for expenses incurred due to lack of timely public treatment. Which of the statements given above is/are correct?

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.

In the context of the judicial… - NCERT Class 7 Political Science MCQ

NCERT Class 7 Political Science — Chapter 1: Role of the Government in Health

mcqmedium

In the context of the judicial interpretation of the 'Right to Life', consider the following:

The Right to Life is not safeguarded under the Indian Constitution.
Failure of a government hospital to provide timely treatment can be viewed as a violation of the Right to Life.
The Court cannot direct the State Government to reimburse patients for expenses incurred due to lack of timely public treatment.

Which of the statements given above is/are correct?

NCERT textbook question

From NCERT Social & Political Life II · Page 19

Options

A1 only
B2 only
C1 and 3 only
D1, 2 and 3

Did you get this right?

Solution

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.

Your note

More from Chapter 1: Role of the Government in Health

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With reference to the decentralization of funds to panchayats in Kerala, which one of the following was a significant outcome?

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With reference to the Primary Health Centre (PHC), consider the following: 1. It is located at the district headquarters. 2. It supervises the work of the village health workers. 3. It covers many villages in a rural area. Which of the statements given above is/are correct?

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In the structure of the public health system in India, which institution supervises the health centres at the district level?

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