The Right to Health Bill recently sparked a fervent discussion in the Indian Rajya Sabha. Its primary objective is to secure the highest attainable standards of health and wellbeing for all individuals, regardless of their age, by incorporating a preventive and promotive healthcare approach into developmental policies. The bill aims to make health a fundamental right of every citizen, ensuring equal access to standard physical and mental health services necessary for a dignified life.
The Essentials of Right to Health
Just like other rights, the Right to Health includes both freedoms and entitlements. Freedoms include individuals’ rights to control their health and body, including sexual and reproductive rights, and the right to be free from interference like non-consensual medical treatment. Entitlements cover the right to a health protection system that gives everyone an equal opportunity to enjoy superior health standards.
India, as a signatory of Article 25 of the Universal Declaration of Human Rights (1948) by the United Nations, recognizes the right to a standard of living adequate for health and wellbeing. This includes necessities like food, clothing, housing, medical care, and social services.
Additionally, Article 21 of the Indian Constitution guarantees fundamental rights to life & personal liberty. The inherent right to health is tied to a life with dignity. The Directive Principles of State Policy (DPSP) Articles 38, 39, 42, 43, & 47 impose the responsibility on the state to ensure effective realization of the right to health.
Judicial Pronouncements on Right to Health
Various judgments by the Supreme Court have emphasized the government’s duty to provide adequate medical facilities for its people. In the Paschim Bangal Khet Mazdoor Samity case (1996), the court underlined that in a welfare state, securing the welfare of the people is the government’s primary duty.
Moreover, in the landmark judgment of Parmanand Katara Vs Union Of India (1989), the Supreme Court ruled that every doctor – whether at a government hospital or otherwise – has the professional obligation to extend their services with due expertise to protect life.
Significance of Right-Based Healthcare Services
The right to health entitles people to health services and compels the government to take appropriate measures towards this end. It enables wide access to health services and ensures these services are of good enough quality to improve the health of the recipients. Protecting people from the financial implications of paying for health services out-of-pocket is another key aspect, reducing the risk of poverty.
Current Challenges in the Health Sector
The existing public primary healthcare model in India is limited in scope, and even well-functioning public primary health centers provide only pregnancy care, limited childcare, and certain national health program services. Public health funding is woefully inadequate, approximately 1.3% of GDP, significantly lower than other nations. This sub-optimal public health system makes it challenging to combat non-communicable diseases and manage emerging threats like the Covid-19 pandemic.
Approaching a Better Future: Suggested Measures
Increasing public health funding to at least 2.5% of GDP, as envisaged in the National Health Policy 2017, could significantly improve the situation. A comprehensive public health legislation incorporating the right to health may be passed by Parliament. Creating an autonomous agency to perform disease surveillance, information gathering, maintaining national health statistics, enforcing public health regulations, and informing the public is another potential solution.
Other measures include shifting health to the Concurrent List of the Seventh Schedule under the Constitution and establishing a Developmental Finance Institution (DFI) dedicated to healthcare investments.
The Distinction between Private Member Bill & Public Bill
A bill can be introduced by either a Minister (Government Bill) or a non-minister (Private Member’s Bill). A Private Member’s Bill is introduced by any member of Parliament, with a notice period of one month required before its introduction. The member who introduces the bill solely undertakes drafting.
Notably, the first Private Member’s Bill passed by the Indian Parliament was the Muslim Wakfs Bill in 1952, which sought to provide better governance and administration of Wakfs. Later, the Rights of Transgender Persons Bill, 2014, became the first private member’s bill approved by the Rajya Sabha in the last 45 years.