• Monika Nagar
• Dr. Raj kumar Garg

This paper examines whether public health insurance in India can be recognized as a legal human right, grounded in constitutional provisions and judicial interpretations. It begins by exploring the expansive interpretation of Article 21 (right to life) to include the right to health. It then analyses relevant Directive Principles of State Policy Articles 38, 39(e), 42, 43, and especially Article 47 which impose obligations on the State to ensure public health. The paper reviews leading judicial decisions that have bridged these directives and fundamental rights. The focus then shifts to public health insurance schemes such as Ayushman Bharat PM-JAY as mechanisms through which the right to health may be realized. Concerns such as privacy, accessibility, and adequacy are highlighted, and the constitutional duty of the State to fund, regulate, and expand insurance coverage is examined. The paper concludes with recommendations for legal reform, policy design, and statutory guarantees to solidify public health insurance as an enforceable human right

Article 21, Public Health Insurance, Directive Principles, Article 47, Ayushman Bharat, Right to health, Indian Constitution, Judicial interpretation

"A LEGAL PERSPECTIVE ON PUBLIC HEALTH INSURANCE AS A HUMAN RIGHT IN THE INDIAN CONTEXT", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.12, Issue 8, page no.f517-f520, August-2025, Available :http://www.jetir.org/papers/JETIR2508570.pdf

"A LEGAL PERSPECTIVE ON PUBLIC HEALTH INSURANCE AS A HUMAN RIGHT IN THE INDIAN CONTEXT", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.12, Issue 8, page no. ppf517-f520, August-2025, Available at : http://www.jetir.org/papers/JETIR2508570.pdf