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declaration also stated that primary healthcare is an important parameter for achieving an acceptable
level of Health for All by 2000. As a signatory nation to the Alma-Ata Declaration, the Government of
India has to encourage primary healthcare to achieve health for all.

Thirty-Second World Health Assembly in 1979 categorically asserted that the goal should be the
attainment by all peoples of the world by the year 2000 of a level of health that will permit them to lead
a socially and economically productive life. It also recognizes that the enjoyment of the highest attainable
standard of health is one of the fundamental rights of every human being without distinction of race,
religion, political belief, economic or social condition. The WHO further mandated that a state is legally
bound to guarantee uniform access to “timely, acceptable, and affordable health care of appropriate
quality as well as to provide for the underlying determinants of health, such as safe and potable water,
sanitation, food, housing, health-related information and education, and gender equality” to all its people.

The proclamation ‘Health for All’ assumes great importance and led to the movement for ‘Universal
Health coverage’ which has been defined by the World Health Organisation ( 2005) “as ensuring that all
people have access to needed health services – prevention, promotion, treatment and rehabilitation -
without facing financial ruin because of the need to pay for them.

2. Health – A Human, Fundamental or Legal Right

In India, there are some misgivings about this right. The Constitution safeguards this right in different
ways. It is true that the constitution of India does not categorically mention the ‘Right to Health’ as a
distinct fundamental right under Part III of the Constitution (Fundamental Rights). However, various
judicial interpretations make it abundantly clear that the fundamental right to life & personal liberty
(Article 21) also covers the right to health.

In Bandhua Mukti Morcha etc. Vs. Union of India and Ors. AIR 1984 SC 802, the highest court
held that the right to live with human dignity also involves the right to “protection of health. “ It further
held that dignity and health fall within the ambit of life and liberty under Article 21. In Paschim Banga
Khet Mazdoor Samity and Ors., vs State of West Bengal- 1996(4) SCC 37- the court held Article 21 of the
Constitution casts an obligation on the state to take every measure to preserve life. The Court found
that it is the primary duty of a welfare state to ensure that medical facilities are adequate and available to
provide treatment or sufficient medical aid to all citizens. The Right to Health is an integral component
of the Right to Life. Therefore, it is deemed that the right to health is a fundamental right guaranteed to
every citizen of India under Article 21 of the Constitution of India (Jose, 2017).

3. Universal Healthcare Gaining Momentum in India

A recent study finds that India’s economic growth has been reasonably stable and has fared better
than most countries when tackling the menace of recession. The resilience shown by the Indian economy
is exemplary. However, with 650 million younger people, the projected demographic dividend may
become a dividend liability without an effective healthcare system. The political challenges to get back
to power have compelled political parties of all hues and colours to ensure universal healthcare. Despite