Disaster Law and the Right to Health: Strengthening Legal Frameworks for Resilient Healthcare Systems During Natural Disasters

Abstract

The vulnerabilities of India’s healthcare system are most apparent when the need for support is highest; in times of natural disasters. In this study, we examine the relationship between India’s Disaster Management Act (DMA) and the right to health as guaranteed under the Indian Constitution. We contend that the existing legislative framework considers the provision of healthcare services during a disaster to be secondary to the disaster response, rather than as an essential element of that response. Through a doctrinal analysis of relevant statutory provisions, constitutional law cases, institutional structures and real-world examples, we have identified structural weaknesses and suggested amendments to create a distinct, specialized disaster-related health law framework for India.