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Constitutional Law/Human RightsResearch ArticleOPEN ACCESSPEER REVIEWED

Constitutional Safeguards to the Right to Life During the Times of the Pandemic

Volume
1
Issue
3
Pages
Published
Jan 2021
DOI
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Abstract

Amidst the ongoing COVID Pandemic, the entire world has seen sufferings, loss of life, denial to adequate healthcare and medical facilities, the infringement to human dignity and also a shortage of oxygen and hospital beds in major hospitals. The Supreme Court of India has stepped in to provide ex gratia compensation to all the victims of the COVID pandemic, especially noting that the loss of life cannot be justified on the grounds that the reason of death on the individual's certificate makes no mention of COVID1. The judgment further goes on to point that COVID patients dying by suicide shall also be included under the scheme of compensation. The right to live with dignity is a basic human right2, which needs to be respected by the State at all times, making concrete efforts towards realising that this right shall be sacrosanct. The Universal Declaration on Human Rights also recognizes the right to a standard of living with adequate standards of healthcare3. The human rights that are to be respected by the States, especially during an unprecedented health emergency has been enumerated as being the inviolable and revered. The States should make an extra effort to ensure that the rights of all individuals are catered for, and no distinction is made on the basis of nationality, sex, caste, creed, and/or religion of the individual.

Authors
MS
Mihir S. Asolekar
Keywords
COVID-19right to lifehealthconstitutional safeguardsfundamental rightspandemic
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