Health, Section 377 and Constitutional Morality vs Public Morality

[Guest guest]

Dear Forum:

The landmark decision from the Delhi High Court on Section 377 of the Indian

Penal Code should provoke at least one more challenge in Indian courts: can a

correct interpretation of Indian Constitution Articles 14, 15, 19 and 21 read

together in the spirit of constitutional morality make provision of public

health services judicially redressable?

Since the judgement has chosen to invoke principles of Constitutional

morality (as opposed to fickle public morality), may we dare to ask in court why

then there should be shoddy provision of health services in the public sector?

By many accounts, we still have over a 1000 deaths (due to TB

alone), Malaria and HIV in India every day. And then there are the

diarrhoeal diseases, the non tubercular respiratory illnesses, vaccine

preventable infant mortalities and the absolutely immoral numbers of women dying

in childbirth.

Public morality takes these deaths as fated, and public service apathy as not an

outrage. That has to be challenged.

I look to the leadership that many readers on this list serve have

demonstrated in the campaign to fight Section 377 of the IPC to take the next

bold step forward: Take the lessons you learnt in your fight, and make it a

template for the millions of Indians who will otherwise die.

That will truly be inclusion, leadership, and being part of the mainstream.

Dr. Bobby

Global Health Advocates /

Center for Sustainable Health & Development

S-33, Nyati Estate, Mohammadwadi,

Hadapsar, Pune 411028, INDIA

e: bj@...

t: +91 202 680 2440

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