The fundamental right of every human to attain the highest possible levels of health is referred to as the Right to Health. The World Health Organization (WHO), which was formed in 1948, was the first international body to identify health as a human right. This right is an integral aspect of human dignity and ensuring its protection and promotion is the responsibility of the governments. Recently, the Rajasthan Government’s Right to Health Bill, which entitles every state resident to free services at all public health facilities, has come into the news.
Key Features of the Right to Health Bill
The bill enforces provision of free healthcare services, including consultation, drugs, diagnostics, emergency care, and transport, at all public health institutions. It makes it compulsory for hospitals to treat emergency cases without waiting for medico-legal formalities. The bill further strives to eliminate out-of-pocket expenditure and enhance transparency and accountability in the healthcare system.
Safeguards for the Right to Health in India
In India, Part IV of the Constitution under the Directive Principles of State Policy (DPSP) pledges socio-economic justice to its citizens. India is also a signatory of the Article 25 of the Universal Declaration of Human Rights (1948) that guarantees the right to a standard of living that includes health and well-being. Regarding fundamental rights, Article 21 of the Indian Constitution assures a fundamental right to life & personal liberty that also encompasses the right to health.
Role of Judiciary in Upholding the Right to Health
In addition to constitutional and international safeguards, the Supreme Court of India, through its pronouncements, has emphasized on the government’s obligation to provide adequate medical facilities. In the landmark cases of Paschim Banga Khet Mazdoor Samity (1996) and Parmanand Katara Vs Union of India (1989), the apex court upheld that every person has the right to receive timely and adequate medical care.
Significance of the Right to Health
Recognition of health as a fundamental right imposes a duty on the government to take proactive steps towards it. It ensures wide access to health services and protects people from bearing the financial consequences of health expenditure individually. This can prevent them from falling into poverty.
Challenges in Realising the Right to Health in India
Achieving the right to health for all is impeded in India due to inadequate healthcare infrastructure, high disease burden, gender disparities, and limited health financing. The majority of healthcare facilities are concentrated in urban areas while the rural population, constituting about 73% of total, lacks access to even basic medical services. India faces a heavy burden of both communicable and non-communicable diseases, which requires substantial investment in the healthcare sector. Additionally, women in India experience significant disparities in health services and outcomes. Limited public spending on health has resulted in an insufficient health financing system.
Reforms Needed for Right to Health Realisation
India needs to substantially bolster its investment in healthcare infrastructure and resources. This can be achieved through increased public spending and private sector investment in the health sector. Addressing barriers to healthcare access, such as financial constraints and discrimination, and creating targeted health policies are also imperative. An autonomous agency for disease surveillance, health statistics, and public health regulations enforcement must also be established for improved health outcomes.