Right to Health and Regulation of Clinical Trials in India

  • Molly Tarunima Tagore
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  • Molly Tarunima Tagore

    Rajiv Gandhi National University of Law

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Abstract

The scourge caused by a virus of a size smaller than that of a pollen grain will go down as one of the most trying times for humankind in the annals of history. It made governments around the world impose lockdowns, halt international travel and roll out a slew of other measures to prevent the contagion from spreading. Everyone was stopped in their tracks and locked down in their homes, worried about the damage corona virus could cause to their health. This led to a heightened consciousness about health among people. The right to health is a fundamental right that a citizen can demand from the State. However, India has not seen much investment in healthcare. Addressing this concern has become exceedingly relevant after the Covid-19 pandemic. Corona virus had various pharma companies rush to become the spearhead of vaccine development programme and, clinical trials have been under sudden limelight and scrutiny since then. The trial protocols were amended by the regulators to give quick approvals. However, clinical trials have not been free from unethical practices that violate the human rights of volunteers. A safety checklist needs to be completed before approving a trial so that it does not become a trade of flesh and blood for money. Thus, the Covid-19 pandemic brought to fore the necessity to inspect India’s clinical trials research. Also, it is an appropriate time to remind the government to fulfil its duty towards the health of its citizens. This can be done by increasing investment in health infrastructure and facilities and making ‘right to health’ as a separate fundamental right which can be legally enforced. But, while ramping up health facilities in general and clinical trial facilities in particular, in the current view of the pandemic, ethical protocols and practises must not be compromised.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 2, Page 1228 - 1249

DOI: http://doi.one/10.1732/IJLMH.26303

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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