ABSTRACT

Constitution is not a mere lawyer’s document, it is a vehicle of Life, and

its spirit is always the spirit of Age.
-Dr. B.R.Ambedkar
Indian Constitution is a unique document of human values, cherished principles
and spiritual norms. Where the importance is given to every citizen with full
dignity and equality. Article 21 of the Indian Constitution envisages about
Fundamental Rights, this is considered to be the most organic and
progressive provision in the living Constitution. Article 21 is offered
to every citizen and alien. Right to health is a fundamental right without
which none can practice one's essential human rights. In this article, I
would like to amend “Right to know the diagnosis and treatment
given to the patient in hospital in instance of death” (government and
private hospital) under Article 21. So the patient’s family members
will have transparent knowledge about the diagnosis of the
treatment, there will be no doubt related to the death of the patient in
future.

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 THE CONSTITUTION OF INDIA

ARTICLE – 21

“No person shall be deprived of his life or personal liberty

except according to a procedure established by law.”

Article 21 is security of life and individual freedom, no

individual denied of his life or individual freedom with the exception
as per technique discovered by law.

Article 21 secures two rights:

 Right to life
 Right to personal liberty

RIGHT TO LIFE includes:

1. Right to live in peace

2. Right to protection of a person’s tradition, culture, heritage
3. Right to repose
4. Right to live with human dignity
5. Right to livelihood
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 6. Right to shelter
7. Right to social security and protection of family
8. Right to health
9. Right against honor killing
10. Right to gender equality
11. Euthanasia and right to life
12. Right to get pollution free life
13. Right to clean environment
14. Right against noise pollution
15. Right to know and right to be informed

RIGHT TO HEALTH AND MEDICAL CARE

Human right to health refers to the wellbeing which implies that

everyone deserves the most noteworthy feasible standard of physical and
psychological wellness which incorporates access to every therapeutic
sanction, clean environment and access to all medical facilities. It is held
that professional obligation of all doctors is to provide immediate aid to
the injured person to protect life without questioning any legal authority.

It provides right to the citizen that the state cannot limit its medical
service to the patients based on financial constraint. The patient whether
innocent or criminal who will be liable to be punished under law, the

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primary obligation of the professionals is to provide medical treatment
to the patient.

AMENDMENT UNDER ARTICLE 21

Life should be great rather than long

- Dr. B.R. Ambedkar

“Right to know the diagnosis and treatment given to the

patient in hospital in the instance of death “

The current Rights of every citizen in Fundamental Rights under health

have been mentioned in the earlier titles. “The Right to Know and the
Right to Inform” have a definite meaning that the net result of the
patient’s death is given in a terminology of the occurrence only,
whereas the detailed diagnosis and the reasons are not given. The
reasons for the amendment of “Right to know the diagnosis and
treatment given to hospital to the patient in instance of death” under
Article 21 is stated below.

According to Constitutional provision each and every citizen is

protected by the Right to Life till they attain their end by course of
nature. Medical professional hold the honor of saving the life of people,
yet they too come under the category of common man were mistakes
may take place, But the breach of duty in care caused by medical
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professional will not result in minor loss but in death of the patient
which is an irreparable . Hence to bring a concrete base to the medico
legal system this amendment is proposed.

Patient suffered under medical negligence will approach

compensation with a legal proceeding. However patient who
suffers meditative malpractice, a lawsuit isn't filed because the
patient undergoes misdiagnosis that could be a medical error and
the error remains unreported.

But nowadays, medical profession is considered to be a

business rather than treatment. Where this can be proved from case
such as Pravat Kumar Mukherjee v. Ruby General Hospital ors
2005 CJP 35(NC) in this case the boy was hit by a Calcutta Transport
bus and rushed to the hospital which was 1 km from the incident spot.
The boy had conscious in the hospital and gave his medical insurance
card which specified that the insurance will proved Rs.65, 000/- if he
meets with any accident. Later the hospital demanded Rs.15, 000/- and
the family was not able to pay. Due to non- payment of demanded cash
the hospital discontinued the treatment. At last the boy passed away
while rushing to another hospital.

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Benefits of this amendment:

 We can reduce the death caused due to wrong medical

diagnosis.
 Transparency in Medico Legal system.
 We can fix responsibility on the Hospitals.
 Proves the people about the existence of medicinal ethics.
 Proves the patient or their relative that the treatment given is
fair.
 Bring misdiagnosis to the eye of the authorities.