RIGHT TO HEALTH
Author – Tanya Sharma, student of Guru Nanak Dev University, Amritsar
Introduction
Regardless of age, gender, socio-economic or ethnic background, we as human beings consider our health to be our most basic and essential asset. The right to health is a fundamental part of our human rights. It was for the first time articulated at international level in the 1946 Constitution of the World Health Organisation. The 1948 Universal Declaration of Human Rights as well as 1966 International Covenant on Economic, Social and Cultural Rights also mentioned health as a part of the right to an adequate standard of living.
Why in news recently?
The Rajasthan is the first state to which has passed the Right to Health Bill, which gives every resident of the state the right to avail free services at all public health facilities.
Related provisions in India:
International conventions:
India is a signatory of the Art.25 of the Universal Declaration of Human Rights 1948 by the United Nations which grants the right to a standard of living which shall be adequate for the health and well-being to humans including food, clothing, housing and medical care and necessary social services.
Fundamental Rights under Indian Constitution
Art.21 guarantees a fundamental right to life and personal liberty. The right to health is inherent to a life with dignity.
Directive Principles of State Policy
Art. 38,39,42,43 & 47 put the obligation on the state in order to ensure the effective realization of the right to health.
Judicial Pronouncements:
In the case of Consumer Education and Research Centre vs. Union of India (1995) the SC held that right to health and medical aid to protect the health and vigour of a worker, both while in service and post-retirement, is a fundamental right under Art.21
The Supreme Court in Paschin Bangal Khet Mazdoor Samity case (1996) held that it is the obligation of the government to provide adequate medical facilities for its people.
Also, in its landmark judgement in Parmanand Katara vs. Union of India (1989) SC had ruled that every doctor whether at a government hospital or otherwise has the professional obligation to extend his services with due expertise for protecting life.
Further, acc. to Art.19(1)(g) of the Indian constitution, the fundamental right of all citizen to practice any profession, or carry on any occupation, trade or business is subject to restrictions imposed in the interest of the general public under Art.19(6). The Hon’ble SC in the case of Burrabazar Fire Works Dealers Association and others vs. Commissioner of Police, Calcutta AIR 1998, held that Art.19(1)(g) doesn’t guarantee any freedom which is at the cost of the community’s safety, health and peace.
What are the challenges related to right to health in India?
Inadequate Healthcare Infrastructure:
Despite recent improvements, India’s healthcare infrastructure remains inadequate particularly in rural areas.
High disease Burden
India has a high burden of communicable and non-communicable diseases, including tuberculosis, HIV/AIDS, malaria and diabetes. Acc. to a report by Frontiers in Public Health, more than 33% of the individuals are still suffering from infectious diseases out of total population in India.
Gender Disparities
Acc. to the World Economic Forum 2021, India consistently ranks among the five worst countries in the world for the health and survival of females.
Limited health financing
Government of India spent 2.1% of GDP on healthcare in FY23. This is much lower than the average health spending share of the GDP at around 5.2% of the lower and middle income countries.
Conclusion:
It is the duty of the state to care for the health of public at large and to take steps to overcome the challenges in the route of effective implementation of the right to health. This can be achieved through targeted policies and government as well as private programs. Increased public and private sector investment is necessary in healthcare sector. Also the health should be in concurrent list instead of state list of the Indian constitution.