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Indian Journal of Forensic Medicine and Pathology

Volume  14, Issue 1, JAN-MARCH 2021, Pages 43-48
 

Original Article

Human Rights to Health and Equity in India with Special References To Union Territory of Jammu & Kashmir

Md Zafar Mahfooz Nomani1, Ajaz Afzal Lone2

1Professor, 2Research Scholar, Dept. of Law, Aligarh Muslim University, Aligarh, Uttar Pradesh 202002, India

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DOI: http://dx.doi.org/10.21088/ijfmp.0974.3383.14121.5

Abstract

Health is not merely the absence of disease but a state of physical, mental and social wellbeing. It encompasses all facets of human right, including the right to health automatically. In theerstwhileJammuandKashmirstateandnowIndianUnionTerritory(UT)hasbeenunder conflict situation resulting in assaults on health by conventional and rubber bullets, tear gas shells and pellet firearms in crowd control and security. The security forces during the last three decades to quell the discontentment and uprising have used power to the detriment of the people's health and well being. The access to health care and delivery assumes importance in conflict and peace situations equally being inalienable human right to life and health. The paper takes a legal stance on security-driven health issues and diseases in the human rights perspective in Kashmir.

Keywords: Physical Health; Mental Health; Conflict Situations; Human Rights; Emergency Preparedness.


Corresponding Author : Md. Zafar Mahfooz Nomani