Recently, the Chief Minister of Rajasthan made an announcement about the introduction of the Rajasthan Model of Public Health. This new framework will incorporate a Right to Health and a variety of approaches in preventive, primary and curative care as per the World Health Organisation (WHO) guidelines.
The Mukhya Mantri Chiranjeevi Yojana and the Indian Public Health Standards
As part of reinforcing health infrastructure, the Mukhya Mantri Chiranjeevi Yojana has been launched as a Universal Health Care scheme. This initiative looks to offer cashless health services up to Rs. 5 lakh for every family in the state. The Indian Institute of Health Management Research (IIHMR) endorses setting of quality standards based on the available resources in the state, aligning with the rights of both patients and service providers.
The Union government’s own set of standards, the Indian Public Health Standards (IPHS), have been revised to match the changing protocols of existing programmes. Notably, these standards aim to enhance the quality of health care delivery across the country. With the flexibility they offer to meet diverse needs, they are adopted for strengthening public health care institutions by various states and Union Territories.
Understanding the Right to Health
Like other rights, the right to health comprises freedoms and entitlements. Freedoms encompass the right to control one’s health and body and to be free from interference. On the other hand, entitlements signify the right to a health protection system that allows all individuals an equal opportunity to procure the highest attainable level of health.
Provisions Related to Right to Health in India
Several international conventions and national laws and guidelines underline the right to health in India. To illustrate, India is a signatory of Article 25 of the Universal Declaration of Human Rights (1948) by the United Nations. This article guarantees the right to a standard of living conducive to health and well-being.
India’s constitution also safeguards this right through several provisions. Article 21 assures a fundamental right to life and personal liberty, which naturally includes the right to health. Articles 38, 39, 42, 43, and 47 of the Directive Principles of State Policy put the onus on the state to ensure effective realisation of the right to health.
Judicial Pronouncements Regarding Right to Health
Indian courts have also upheld the right to health in various rulings. In the Paschim Bangal Khet Mazdoor Samity case (1996), the Supreme Court asserted that the government’s primary duty in a welfare state is to secure the welfare of the people by providing adequate medical facilities.
The Necessity of Right to Health for India
The enforcement of the right to health can entail several key benefits for India. It can lead to right-based healthcare services, wider access to health services, and reduced out-of-pocket expenditure, thus preventing financial hardships for citizens seeking health services.
Challenges and Way Forward
However, the path to implementing the right to health is fraught with obstacles such as lack of primary health care services, inadequate funding, and a sub-optimal public health system. To overcome these hurdles, increased public funding, comprehensive health legislation, and the creation of a nodal health agency are proposed solutions.