India does not have a comprehensive “Right to Health” law at the national level. However, various state governments have implemented their own initiatives and policies aimed at improving healthcare access and services for their citizens. In recent years, there have been discussions and proposals regarding the enactment of a national “Right to Health” law that would guarantee universal healthcare coverage and access to essential health services for all citizens. Congress is one such party with agenda of bringing these laws into a reality. These discussions have been fueled by factors such as increasing healthcare costs, disparities in access to healthcare between urban and rural areas, and the need to address public health challenges, including the COVID-19 pandemic. Some states, like Rajasthan have taken steps to pass their own state-level laws related to the right to health. These laws often aim to improve healthcare infrastructure, provide free or subsidized healthcare services, and ensure access to essential medicines and treatments. Overall, while there is no national “Right to Health” law in India yet, there are ongoing efforts at both the state and national levels to address healthcare accessibility and improve healthcare outcomes for all citizens.
Supreme Court of India on Right to Health
The Supreme Court of India has not explicitly declared the right to health as a fundamental right under the Indian Constitution. However, the court has interpreted various provisions of the Constitution, particularly Article 21 which guarantees the right to life and personal liberty, to encompass the right to health as an integral part of the right to life. In several landmark judgments, the Supreme Court has emphasized the importance of access to healthcare and has directed the government to take measures to ensure the availability of healthcare services to all citizens. For example, in the case of Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996), the court held that the right to health is an essential component of the right to life under Article 21. Additionally, the Supreme Court has intervened in cases involving issues such as access to healthcare facilities, availability of essential medicines, and the provision of medical treatment to marginalized and vulnerable groups. These interventions have often resulted in directions to the government to formulate and implement policies to improve healthcare access and services.
Constitution on Right to Health
In India, the right to health is not explicitly stated as a fundamental right in the Constitution. However, the right to health is intrinsically linked to the right to life under Article 21 of the Constitution of India, which has been broadly interpreted by the Indian judiciary to include the right to live with human dignity, which encompasses a variety of rights that are essential to the well-being of an individual, including the right to health. The Supreme Court of India, through various judgments, has expanded the scope of Article 21 to include the right to health. For instance, in the case of Consumer Education and Research Centre v. Union of India (1995) 3 SCC 42, the Court held that the right to health and medical care is a fundamental right under Article 21, as it is necessary for making the life of the workman meaningful and purposeful with dignity of person. Furthermore, in the case of State of Punjab v. Mohinder Singh Chawla (1997) 2 SCC 83, the Supreme Court observed that the right to health is integral to the right to life and the government has a constitutional obligation to provide health facilities.
The right to health in India is also supported by various Directive Principles of State Policy, particularly Articles 38, 39(e), 41, and 47, which, although not enforceable by a court, are fundamental in the governance of the country and it is the duty of the State to apply these principles in making laws. Article 47, for instance, specifically directs the State to raise the level of nutrition and the standard of living of its people and to improve public health.
International Conventions on Right to health
In addition to the constitutional provisions, India is also a signatory to various international covenants and declarations, such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), which recognize the right to health as a fundamental human right. While the Supreme Court has not explicitly recognized the right to health as a standalone fundamental right, its jurisprudence indicates a recognition of the importance of healthcare in upholding the right to life and personal liberty guaranteed by the Constitution.
While the right to health is not an absolute right and the State’s obligation is subject to its economic capacity and development, the Indian judiciary has played a pivotal role in ensuring that the State makes efforts to provide health facilities to the extent possible and that citizens’ right to health is protected as part of the right to life under Article 21 of the Constitution.
How does recognition of right to health helps?
The establishment of a comprehensive “Right to Health” framework in India could offer numerous benefits to its citizens:
Universal Access to Healthcare: A right to health legislation would ensure that all citizens, regardless of their socio-economic status or geographic location, have access to essential healthcare services, including preventive care, diagnostics, treatments, and medicines.
Reduced Financial Burden: Access to healthcare services without financial barriers would alleviate the burden of healthcare costs on individuals and families, reducing the incidence of catastrophic health expenditures and poverty due to medical expenses.
Improved Health Outcomes: Guaranteeing the right to health would lead to improved health outcomes across the population, including reduced mortality rates, better management of chronic diseases, and prevention of communicable diseases through vaccination and public health initiatives.
Health Equity: A right to health framework would help address health disparities between different population groups, ensuring that marginalized and vulnerable communities receive adequate healthcare services and reducing health inequalities.
Enhanced Public Health Infrastructure: Implementing a right to health would necessitate investments in healthcare infrastructure, including the construction and staffing of healthcare facilities, procurement of medical equipment, and training of healthcare professionals, leading to an overall improvement in the quality and accessibility of healthcare services.
Promotion of Health Rights Awareness: Formal recognition of the right to health would raise awareness among citizens about their entitlements to healthcare services and empower them to demand better healthcare from the government, healthcare providers, and other stakeholders.
Protection Against Health Emergencies: A robust right to health framework would enable the government to respond effectively to health emergencies, such as pandemics or natural disasters, by ensuring timely access to healthcare services and resources for affected populations.
Legal Recourse: If the right to health is violated, individuals have the legal recourse to challenge the inadequacies or actions of the state or healthcare providers, leading to remedies and improvements in the healthcare system.
Overall, the establishment of a right to health in India would contribute significantly to the country’s efforts to achieve universal health coverage, improve health outcomes, and promote social justice and human rights for all its citizens.
Why manifesto on right to health significant
Health, being a subject under the State List (specifically entry 6, which refers to “public health and sanitation; hospitals and dispensaries“), means that the primary responsibility for healthcare delivery and management lies with the State governments. They are responsible for the establishment and maintenance of hospitals, dispensaries, and the implementation of health services. However, it is important to note that certain aspects of health also fall under the Concurrent List, allowing both the Union and State governments to legislate on these matters. For example, the prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants is mentioned in entry 29 of the Concurrent List. Moreover, the Union government also plays a significant role in health through central schemes and policies, regulation of medical education and practice, and control of epidemics, among other areas. The collaborative efforts of both levels of government are essential for addressing the health needs of the nation. Therefore, for common interest it is material not only at national level but also at state level especially from lessons learnt from pandemic like COVID.
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