Martin Luther King Junior said, "of all forms of inequality, injustice in health care is the most shocking and inhumane". The present case many years later illustrates what he had said.

The issue that arises for consideration in the present petition is whether a minor child born to parents belonging to economically weaker section of the society suffering from a chronic and rare disease, gaucher, is entitled to free medical treatment costing about rupees six lakhs per month especially when the treatment is known, prognosis is good and there is every likelihood of petitioner leading a normal life.

Article 21 of the Constitution of India casts an obligation on the State to preserve life. Article 21 reads as: "21. Protection of life and personal liberty: No personal shall be deprived of his life or personal liberty except according to procedure established by law." [Para 49]

The Indian Supreme Court in a catena of cases has held that right to health and medical care is a fundamental right under Article 21 read with Articles 39(e), 41 and 43. It has further held that self-preservation of one's life is the necessary concomitant of the right to life enshrined in Article 21, fundamental in nature, sacred, precious and inviolable. [Para 50]

This paper deals with the issue of “Right to Free Treatment” by Indian Citizens under Article 21 of the Indian Constituion. Various situations under which it is essential to provide free treatment due to resource constraint of the concerned governments has been discussed and law made by court in absence of specific law in this regard and cases laws on the issue has been discussed.