RIGHT TO HEALTH: A SOCIO-LEGAL PERSPECTIVE, (2005) By Md Zafar Mahfooz Nomani, Uppal Publishing House New Delhi Price. 287 Price: Rs. 695 Hard Bound [ISBN 81-7658-023-6] SYED MOHD. UZAIR IQBAL The Book under review ‘Right To Health: A Socio-Legal Perspective authored by Dr.Md. Zafar Mahfooz Nomani offers an erudite account of the law and social change in the arena of labour jurisprudence within the broad framework of socio-economic justice. It meticulously explores the nature and content of right to health under the conspectus of international and national laws and policies. The polemical contours of the book envisages that the on the onset of new entitlements and exuberance of third generation of human rights it investigates in to the emerging horizons of right to health as a parts of right to life and strategies for the revamping of legal policy for the actualization of right to health and tranquility in public and private lives of Indian masses. The dexterous treatment of subject is handed down by an author whose writings are glossed with scholastics explanation and prognostic solution with an in-built congeniality of Indian socio-economic realities. Serving as Associate Professor at Aligarh a Muslim University''s, Law Faculty, he formulated and integrated perception of right to health environment in the framework of enviro-health legislations, intellectual property right and human right. The treatment of the subject is expanded into six chapters, appendices and index. Providing a justification for the socio-legal research, the Book moves beyond the obvious dimensions of law and society. Even in the appendices, author''s incorporation of National Health Policies and Private Member Bill on People''s Nature, Health and Education Bill, 1995 needs a serious readings. Chapters One of the Books prefaces Socio-Legal Dimensions of Right to Health by drawing problematic overview that the occupational accidents and diseases remain the most appalling human tragedy of modern industry and one of its most serious forms of economic waste. The finding of the authors runs that the absence of application of ergonomic principal, negligence of employer in installation of safety devices, inadequate monetary compensation and poor adherence and enforcement of labour laws and rules adds to the causes of misery of Indian working class. Chapter two dwells on Evolution and Development of Health Policy right from Bhore Committee Report, Mudaliar Committee Report, Srivastava committee Report, Ramalingaswani Study Group Report, National Five Year Plan, National Health Policy, 1983 and National Helth Policy, 2002.‘Right to Healthy under International Law'' is contained under Chapter under Chapter Three. The Chapter summaries U.N Conventions, European Convention, ILO Conventions and Recommendations and United Nation Environment Programme (UNEP). Right to Health Under Indian Law is thrashed out in Chapter Four of the Book. The chapter dives deep into the constitutional precept and ethos of Industrial Jurisprudence the Preamble to the Constitution of India, 1950 established India as socialistic and welfare state and directive principle of state policies direct its policy towards securing the health and strength of workers, men and women and the tender age of children.
Chapter Fifth of the Book deals with ‘Right To Health Under Labour Law'' wherein an exhaustive survey of labour, industrial and social security laws are under taken. The author believes that ‘the rational of bringing out such legislation was the strong realization that the complexity of industry, with increasing use of machinery had consequently endangered the health and well-being of the workman leading to penury and impoverishment''. The post-retirement amelioration of health of the workmen has answered affirmatively in Consumer Education and Research Centre V. Union of Indian declaring right to livelihood as fundamental right as a part of right to life and livelihood under Articstitution. The penultimate analysis of the work forms the part of Chapter Six of the Book which deals with nature scope and ambit of right to health as fundamental right. The pre and post-independent Indian legislation''s reflect this indifferent and callous spirit despite the Constitutional mandate of Article 38, 39, 41, 42 and 43 of the constitution. Perturbed over the legislative and executive apathy the authors says ‘right to health as fundamental right is an integral part of right to life under article 21 of Indian constitution crystallizing socio-economic justice to Indian working class''. In this context the judicial contributions are traced by the author by under taking critical study of In Calcutta Electric Supply Corporation (CESC) Limited V Subhash Chandra Bose To throw overboard the meaning and application of right to health, the author critically analysed the State of Punjab V. Mohinder Singh Chawla case wherein, the Supreme Court reiterated that ‘right to health is an integral part of life. The Government has constitutional obligation to provide the health facilities and treatment at a specialized approved hospital bearing the expenditure incurred by the government servant. The author deserves commendation for producing a path breaking work in the shape a book, ‘Right to Health: A Socio-Legal Perspective''. The Book fills this void by an innovative addition to human right discourses, medical jurisprudence and labour welfare management. The printing, embossing jacket and blurb of the book is appealing. The cost of the Book is slightly high and publisher may think of bringing a Paper Back Edition of the book to ensure it into the hands of students and researchers of law schools wherein Law and Medicine is now part the of curriculum of under-graduate and post-graduate legal education.