Title: Public health emergency and right to health - exploring the legal and constitutional obligations of states with special reference to India

Authors: Asmita Patel

Addresses: Gujarat National Law University, Attalika Avenue, Knowledge Corridor, PDPU Rd, Koba, Gujarat, 382421, India

Abstract: Emergencies concerning health pose a global challenge in current times especially when they take forms of an epidemic or a pandemic that require coordinated and well-defined prompt response by the governments and public agencies. This research is an examination of the role of law in public health and how right to health draws obligations upon the state to ensure a sound legal framework and policies for controlling and preventing public health emergencies (PHE). A special focus is upon the existing legal framework in India to critically analyse the PHE preparedness. The methodology adopted in this research is doctrinal wherein a review of both, primary and secondary materials was undertaken with a qualitative approach. This paper recommends adoption of robust and comprehensive leg al mechanisms in line with the obligations set under international as well as national legal instruments that are aimed at responding to crucial needs of the states during PHEs.

Keywords: public health emergency; PHE; public health; human rights; right to health; COVID-19; law; international health regulations; obligations; India.

DOI: 10.1504/IJHRCS.2025.149280

International Journal of Human Rights and Constitutional Studies, 2025 Vol.12 No.4, pp.388 - 401

Received: 25 Feb 2024
Accepted: 04 Apr 2024
Published online: 22 Oct 2025 *

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