MEDICAL BANKRUPTCY AND RIGHT TO HELP A CONSTITUTIONAL FAILURE ANALYZING HOW OUT OF POCKET EXPENSES VIOLATE FUNDAMENTAL RIGHT

AUTHOR – KHUSHI GOYAL* & DR. AKSHAY KUMAR**

* STUDENT AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY, DEHRADUN, INDIA

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY, DEHRADUN, INDIA

BEST CITATION – KHUSHI GOYAL & DR. AKSHAY KUMAR, MEDICAL BANKRUPTCY AND RIGHT TO HELP A CONSTITUTIONAL FAILURE ANALYZING HOW OUT OF POCKET EXPENSES VIOLATE FUNDAMENTAL RIGHT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 820-826, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Medical bankruptcy is a growing issue in India where millions of people face financial hardship annually because of high out-of-pocket medical expenses. Lack of funding for public healthcare and inadequate regulatory oversight put people at risk of catastrophic medical costs despite constitutional protections under Article 21 (Right to Life and Health) and Article 14 (Right to Equality). These precedents uphold the fundamental right to healthcare. This study highlights the urgent need for universal healthcare financing stricter price controls and increased insurance coverage to prevent health-induced poverty. It does this by referencing government reports Supreme Court decisions and international case studies. The study concludes that Indias failure to protect its citizens from the financial ruin caused by medical expenses is incompatible with its constitutional ideals and demands immediate legislative and policy changes. To guarantee justice equality and dignity for all citizens healthcare financing must be done according to a rights-based framework.

Keywords: Medical bankruptcy, fundamental right, right to health, healthcare.