'Dignity' in the adjudication of healthcare rights in India

Chandra, Sushant (2021) 'Dignity' in the adjudication of healthcare rights in India. In: Routledge handbook of global health rights. Routledge, London, pp. 168-179. ISBN 9780429297021

[thumbnail of Chandra2021.pdf] Text
Chandra2021.pdf - Published Version
Restricted to Repository staff only

Download (146kB) | Request a copy


Human dignity has its root in the Kantian ethical philosophy. The Kantian categorical imperative requires that human beings should never be treated merely as a means, but simultaneously as an end. The capability approach, as devised by Sen and contributed to by Nussbaum, provides for holding states accountable to provide access to fundamental basic necessities. The theoretical framework derives its flesh and blood from human dignity grounded in autonomy – ascribing sacredness to the moral choices each individual has in creating the life of their choice. The judgments of the Supreme Court are finely layered when it comes to applying dignity in the adjudication of healthcare claims. The well-established principle of separation of power injuncted the courts from creating new rights in name of interpretivism. The recognition of an ethical duty in constituting legal obligation to provide immediate medical attention forms the basis of Court’s judgment.

Item Type: Book Section
Keywords: Health rights | Health care | Healthcare claims
Subjects: Social Sciences and humanities > Social Sciences > Health (Social sciences)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 24 Jan 2022 14:21
Last Modified: 24 Jan 2022 14:21
Official URL: https://www.taylorfrancis.com/chapters/edit/10.432...
URI: https://pure.jgu.edu.in/id/eprint/813


Downloads per month over past year

Actions (login required)

View Item
View Item