It is not enough that if there is lack of disease or weakness in the body, then it can be called a healthy body, but health is considered as a state of complete physical, mental, spiritual and social health. It is also well known that health is one of the important standards of development of any country.
In the Corona-era, where health hazards have increased manifold, countries and its citizens around the world are struggling with this threat, due to which the entire world economy has also collapsed and every aspect of human life has been affected by this epidemic. Has taken its grip. When the health services everywhere from hospitals to hospitals have been badly affected, awareness of the right to health should also increase.
Right to health, a fundamental right?
In a welfare state it is the responsibility of the state to ensure that conditions are created for good health and their continuity is ensured. It is also true that the right to life, which is the most precious human right and which gives rise to the possibility of all other rights,
If we talk about our constitution then it is true that under it, right to health has not been specifically identified as a fundamental right, but through various decisions of the Supreme Court, Indian Right to Health has been considered as a fundamental right under the liberal interpretation of Article 21 of the Constitution.
We all know that Article 21 of the Constitution guarantees the right to life and personal liberty. Although there are various provisions under the Indian Constitution which are related to public health if seen on a large scale, Article 21 recognizes the right to health as a fundamental right.
In fact, the right to life includes other things related to the right to live with human dignity, that is, other necessities of life, such as adequate nutrition, clothing and shelter, and the ability to read, write and express oneself in diverse forms. And meeting and living with fellow human beings, etc.
At the same time, Article 47 of the Constitution of India, ‘Duty of the State to raise the level of nutrition and the standard of living and to improve public health’, raising the nutritional level and standard of living and improving public health.
Special things about Indian law on auto accident- According to some statistics, more than 500 vehicle accidents occur in India every day and many of them lose their lives in vehicle accidents.
The Motor Vehicle Act 1988 is enacted for vehicle accidents and for motor traffic. This is a central law passed by the Parliament of India.
Whenever there is a vehicle accident, some criminal cases also come out with the civil. These criminal cases are registered under some sections of the Indian Penal Code, the following are the cases.
Section 279- Section of the Indian Penal Code is used for driving or hacking with impetus. The offense in this section is recorded in any vehicle accident.
It is known here that in the case of rash driving or haphazard manner, it is not necessary to result in loss of life or property as a result, the probability is sufficient for this, that is, the loss of property and life in this accident does not have to be. If the vehicle is being driven impatiently and there is no damage, the offense can be registered under this section. This is a cognizable section; the section carries imprisonment of up to 6 months.
Section 337- This clause is applicable to any damage caused due to the act of rashness. If a person is impatiently driving a vehicle and any damage is caused to someone by driving such a vehicle, it gets damaged, etc. In such a situation, a case under section 337 is filed.
Imprisonment up to 6 months can be given under this section. There is a difference between section 279 and 337 that section 279 is applicable in driving the vehicle with impetus under any circumstances but section 337 is applicable only in case of damage. An offense of section 337 is registered only when there is damage to property or body.
Section 338- Section 338 of the Indian Penal Code is registered in the case of gross harm caused by hastiness. This section can carry both fines and imprisonment up to 2 years. In any case of felony, the offense of section 338 is registered, but such felony should be due to rashness only then section 338 is applied.
Section 304A- This clause is applicable in case of death by neglect. In this section, due to hastiness or neglect of a person or due to any work which he has not done intentionally, but hastiness was in that work and if such an act leads to death, then it is a crime to be registered in this section. In most of the cases where a serious accident occurs in a vehicle accident, serious incidents like death also occur. This section is used in such cases.
Thus the provisions of this section are applicable in such cases where death is done without intention. Such an act is done which has the knowledge that it is possible to cause death.
Follow us on-
Telegram- https://t.me/legalisticpathbydeepanshirajput
Deepanshi Rajput 