Right to Health

If we look at the syllabus of GS Paper II: 

Questions in Mains:  

• 2020. In order to enhance the prospects of social development, sound and adequate health care policies are needed particularly in the fields of geriatric and maternal health care. Discuss.

In Questions like these Rajasthan Bill can be used as a case study. 

So we will: 

• Importance of Health in Indian Context
• There are several important health statistics in India, some of which include:
• Does the Constitution guarantee a right to health? 
• What does the Bill say? 

Importance of Health in Indian Context: 

• Health is essential for economic development as a healthy population is more productive and can contribute to the growth of the economy. Poor health can result in increased absenteeism, reduced productivity, and higher healthcare costs, which can negatively impact the economy.
• Poor health can contribute to poverty, and poverty can, in turn, lead to poor health outcomes. Access to healthcare services, clean water, and sanitation can help reduce poverty and improve health outcomes.
• Health is essential for social development as it is linked to education, gender equity, and social justice. Improved health can lead to better educational outcomes, increased gender equity, and reduced social inequalities.
• Health is essential for national security as it can affect the readiness of the armed forces and the ability of the country to respond to public health emergencies.
• Health is a key component of sustainable development as it is linked to environmental sustainability, economic development, and social equity.

The current state of health in India is complex and multifaceted. On the one hand, there have been significant improvements in health indicators over the past few decades, such as increased life expectancy, reductions in maternal and child mortality, and improved access to healthcare services. 

However, there are still several challenges that need to be addressed, including high rates of malnutrition, a high burden of communicable and non-communicable diseases, inadequate healthcare infrastructure in rural areas, and a shortage of healthcare workers.

The COVID-19 pandemic has also highlighted the need for increased investments in public health infrastructure, strengthening of healthcare systems, and preparedness for future health emergencies. While progress has been made in addressing some of these challenges, more needs to be done to ensure better health outcomes for all citizens in India.

Does the Constitution guarantee a right to health? 

• The Indian Constitution does not explicitly talk about a right to health. 
• A “right to health”, in theory, is derived from the right to life and liberty as guaranteed under Article 21 of the Constitution.  
• Previously, courts have highlighted the State’s obligation to protect and promote the health of citizens, pointing to Constitutional provisions such as Article 38 (promoting the welfare of people) and Article 47 (which directs the government to meet the nutrition and health requirements of the population). 
• In Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996), the Supreme Court averred that it is the government’s responsibility to provide medical aid in the interest of bolstering public health.

In this regard, The current legislation tabled in Rajasthan is a welcome step. 

What does the Bill say? 

• The Bill provides rights to patients and healthcare providers, places the obligation on the government to protect these legal rights and mandates the setting up of grievance redressal mechanisms.
• The legislation will be a “progressive reduction in out-of-pocket expenditure in seeking, accessing or receiving health care” for patients, the preamble states. 
• Rajasthan residents will be entitled to free check-ups, drugs, diagnostics, emergency transport and care at all public health institutes, along with affordable surgeries. The Bill frames medical services as a public service rather than a vehicle for making money. If enacted, the Act will have a recurring annual expenditure of Rs. 14.5 crores. 
• Clause 3 of the Bill lays down 20 rights a State resident will be entitled to — including the right to informed consent, to seek information (in the form of medical records and documents) regarding diagnosis and treatment, to keep this data confidential and private and to receive treatment without discrimination based on caste, class, age, gender, among other markers.  
• Clause 4 of the Bill shifts the burden of responsibility in providing adequate medical services to the government.
  • The government is “obligated” to provide funds, set up institutions and constitute grievance redressal systems. 
  • They must take the initiative to set up a State Health Authority and district health authorities. Beyond resolving complaints, the authorities would be tasked with planning healthcare services, monitoring services and conducting routine clinical, social and economic audits. 
• Moreover, the Bill also talks about the safety of healthcare providers and improving public health infrastructure. 
• Clause 4 mandates that the government develop a Human Resource Policy for Health ensuring the availability and equitable distribution of doctors, nurses and other healthcare workers at all levels of the system across regions. 

Hence, recognizing and protecting the right to health is certainly a good step in India, as it has the potential to improve the health outcomes of millions of people in the country.

India faces several health challenges, including high rates of infectious and non-communicable diseases, inadequate healthcare infrastructure, and unequal access to healthcare services.

Recognizing the right to health can help address these issues by promoting equitable access to healthcare services, ensuring that healthcare facilities and services are of high quality and available to all, and addressing the social determinants of health such as poverty, education, and access to clean water and sanitation.

Moreover, recognizing the right to health can help strengthen India's healthcare system by making it more responsive to the needs of its citizens.

It can also help hold the government accountable for ensuring that the health needs of its citizens are met, and provide a framework for addressing health disparities and promoting health equity.

Overall, recognizing the right to health is a positive step in India, and can help improve the health outcomes of its citizens and strengthen its healthcare system.