The recent revival of demands for a Right to Health legislation in Rajasthan has drawn national attention. This proposed law, campaigners argue, would help streamline medical services and ensure that every citizen can access essential healthcare facilities.
Understanding the Right to Health
The right to health encompasses both freedoms and entitlements. These freedoms allow individuals to maintain control over their own health and body, including sexual and reproductive rights, and protects them from interference such as non-consensual medical treatment or experimentation.
Entitlements under this right guarantee access to a healthcare system that provides equal opportunities for everyone to achieve the highest possible level of health. This system should protect individuals from financial hardships related to seeking necessary medical care.
The Importance of the Right to Health
By recognizing the right to health, the government acknowledges its obligation to maintain a healthcare system that is accessible, high-quality, and does not push people into poverty due to out-of-pocket expenses. However, the realization of this right faces several challenges.
Challenges to Delivering the Right to Health
India’s public primary healthcare model is currently limited in scope. Many services related to pregnancy care, childcare, and national health programs are only available at well-functioning public primary health centres. Meanwhile, public health funding in India remains low, around 1.3% of GDP.
Furthermore, the country struggles with a sub-optimal health system that makes it challenging to prevent and detect Non-communicable Diseases (NCDs) early on. These systemic issues have also undermined our preparedness for new threats, such as the Covid-19 pandemic.
Government’s Obligations Towards Health
The state’s responsibility to ensure healthcare arises from various constitutional and international sources. Article 21 of the Indian Constitution guarantees the right to life and personal liberty, implying the right to health. The Directive Principles of State Policy (DPSP) further mandates the state to ensure effective realization of this right.
Judicial pronouncements also shed light on the obligation of the government to provide adequate medical facilities. Landmark cases include Paschim Bangal Khet Mazdoor Samity (1996) and Parmanand Katara Vs Union Of India (1989). Additionally, as a signatory of the Universal Declaration of Human Rights (1948), India has committed to ensuring an adequate standard of living, which includes access to healthcare.
The Way Forward
To overcome these challenges, several measures have been suggested. Transferring ‘Health’ to the Concurrent List of the Constitution’s seventh schedule can enable central coordination for health policy. The establishment of a Developmental Finance Institution (DFI) dedicated to healthcare investments can support this.
Moreover, the passage of comprehensive public health legislation incorporating the right to health by Parliament would lend legal backing to our efforts. An autonomous agency devoted to disease surveillance, public health regulation enforcement, and public information dissemination could also significantly enhance our healthcare system’s ability to protect and promote public health.