A complaint was filed before the National Human Rights Commission (NHRC) against the violation of right to health and failure of public authorities to prevent, detect, and provide adequate care for breast cancer in India, resulting in violation of Article 21 of the Constitution.
The complaint relied on the Global Burden of Disease Study published in The Lancet Oncology reports, which mentioned that the incidence of breast cancer in India had more than doubled between 1990 and 2023. It was submitted that breast cancer was now the leading cause of cancer-related illness and premature death among women with 2.3 million new cases and approximately 7,60,000 deaths in 2023.
It was mentioned that the said study projected that global cases may rise to 3.5 million by 2050. The complainant asserted that in India, breast cancer is increasingly affecting younger women with a 29% rise in incidence among women aged 20-54 since 1990. The study identified modifiable risk factors contributing significantly to breast cancer burden including high red meat consumption, tobacco use, high blood sugar levels, and high body mass index. The complainant contended that despite these known risk factors, comprehensive nation-wide screening, awareness programs, and early detection systems remained inadequate.
The complainant also asserted that even though the economic burden of breast cancer in India may rise to nearly USD 14 billion by 2030, significant disparities continue in access to screening, diagnostic facilities, oncology specialists, and affordable treatment, particularly in rural and economically weaker regions.
Further, it was contended that the Union, the Department of Health Research, the Indian Council of Medical Research (ICMR), the National Health Authority, State Governments/UTs, the Central Druga Standard Control Organisation, the National Programme for Prevention and Control of Cancer, Diabetes, Cardiovascular Diseases, and Stroke (NPCDCS) had failed in their constitutional and statutory obligation to ensure preventive public health measures, to provide universal screening and early detection, to ensure equitable access to treatment, to strengthen public health infrastructure, and had also violated Article 21 of the Constitution.
NHRC considered the complaint and directed for it to be transmitted to the authority concerned for an appropriate action. The authority was directed to take such action within 8 weeks and to inform the complainant about the same.
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