1148 | Public Health Law

Health is a fundamental human right. The Indian Constitution and various international treatises ordain the State to provide, protect and, promote public health. While over the last century, the advancement of science and technology has led to an increased individualization and medicalization of health, yet the unparalleled social dividends of community health triumph over medicine in laboratory. Public Health movement began in 19th century; It emphasized on the prevention of diseases, both communicable and non-communicable. While the initial thrust of public health movement was sanitation and hygiene, it now includes a broad range of activities including surveillance, mandatory reporting of diseases, regulation of standards of foods, medicines and other products amongst others. This colossal task, therefore, requires creation of dedicated authorities, coordination amongst various government departments, control and regulation of specific industries and, even criminalisation of certain harmful activities. Hence, the State plays a vital role in Public Health. While there are many public health programs and policies in India, many of the flagship public health programs of the government are not supported by the legal infrastructure. The lack of legal support raises pertinent questions about their constitutionality. However, this does not mean that there are no public health laws in India. There is a gamut of Central and State laws relating to specific aspects of public health. However, not much effort has been made to thematically study the laws dedicated to public health. Therefore, through this intensive seminar course an endeavour has been made to fill that gap.

The course is intended to be offered as a standalone course to undergraduate and postgraduate students of law and public policy as a standalone course. While knowledge of Constitutional Law, International Law and Jurisprudence will helpful in understanding some of the concepts, it is not an essential requirement. The course instructor will explain the basic foundational themes involved.