ABSTRACT
Human dignity has its root in the Kantian ethical philosophy. The Kantian categorical imperative requires that human beings should never be treated merely as a means, but simultaneously as an end. The capability approach, as devised by Sen and contributed to by Nussbaum, provides for holding states accountable to provide access to fundamental basic necessities. The theoretical framework derives its flesh and blood from human dignity grounded in autonomy – ascribing sacredness to the moral choices each individual has in creating the life of their choice. The judgments of the Supreme Court are finely layered when it comes to applying dignity in the adjudication of healthcare claims. The well-established principle of separation of power injuncted the courts from creating new rights in name of interpretivism. The recognition of an ethical duty in constituting legal obligation to provide immediate medical attention forms the basis of Court’s judgment.
