RIGHT TO HEALTH: A SOCIO-LEGAL PERSPECTIVE BY Dr. MD. ZAFAR MAHFOOZ NOMANI <2005>, UPPAL PUBLISHING HOUSE NEW DELHI PP 287+ PRICE 695 HB Reviewed By Anis Ahmad, Assistant Professor,
National Law Institute, Faridabad. E-mail:anisnil@gmail.com Right to Health: A Socio-Legal Perspective authored by Dr.Md. Zafar Mahfooz Nomani in is a timely publication wherein variety of
LEGAL materials on issues relating to health laws, medical care legislations, law and
medicine Policies are culled out in for a handy reading. In contemporary times one finds the work as a major contribution to the Constitutional, Labor and medical Jurisprudence. In this book the author has examined the nature and content of Right to Health under the National and International framework and their implications of society, labor standards and notion of development. The author also traces the possibilities of right to health as a part of right to life under the exuberance of third generation human rights jurisprudence. The present work has six chapters including an exhaustive list of appendices and index relating to international conventions and national law and policies for ready reference to future legal researchers. Chapter-I deals with Socio-Legal Dimensions of Right to Health in which the author explores the problematic perception of right to health of the workers suffering from occupational diseases resulting in material and human resources loss of the nation. He found that in the absence of application of ergonomic principles, negligence of employer in installation of safety devices, inadequate monetary compensation and poor adherence and enforcement of labor
laws and rules further causes of misery of Indian labor class. The author also pointed out that the Indian Judicial craftsmanship has considerably fortified the Right to Health is a fundamental right and concomitant to socio-economic Justice for the establishment of egalitarian society. Chapter-II examines the evolution and development of health policies and plans to review health delivery system. He offers a critical scrutiny of National Health Policy, 1983 and National Health Policy, 2002 in terms of approach and practical in out look. Chapter-III of the book is devoted to the international dimension of right to health, wherein the author deals the different international instruments such as United Nation Conventions, European Community Convention, Role of ILO and Enviro-Health Recommendation. The
chapter explores the prescription of the different international instruments in order to embellish the national legislations. Chapter-IV focused the constitutional imperative of health
legislation to crystallize right to health and life. The author located health right component under public health legislations like Indian Penal Code, 1860; Epidemic Diseases Act, 1897; Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975; Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993; Food and Drugs Legislation , Human Organs Legislation, Sectoral Health Legislation and Health Administration Legislation. Despite these salubrious enactments, judicial activism and administrative initiatives little has been done and vast has been undone, feels author. Chapter-V explores the nature and content of Right to Health to make it more pragmatic, accessible and in built concept under Indian Labor laws and social security legislations in general and health laws in particulars. In order to know as to how far the constitutional mandate of protection of health has been fulfilled by these laws, the author also relied on the juristic opinions of the apex court to put forth his notion of right to health. Chapter-VI traces the culmination of right to health as a fundamental right under the exuberance of third generation of human rights by investigating into the emerging horizons of right to life, livelihood and compensation. The author also addressed with some degree of success to link them all together under the broad theme of the constitutional governance and equity. The idea is well scintillated that the degree of human right protection will determine the quality of governance in public and private lives of Indian masses. The book is really a hand book on health law containing volumes of information under one cover. The work is loaded with novel ideas, original imaginations and innovative expressions, which will be found useful and instructive guide not only for teachers, students, judges, lawyers and legal scholars but to any person interested in this subject. The book is no doubt a valuable collection for every one concerned with health rights of worker, particularly those involved in its implementation within government and outside. The printing quality is good but the price of the book is much high.
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The author may be reached by e-mail: zafarnomani@rediffmail.com and the reviewer can be contacted to anisnil@gmail.com for feed back and comment.
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