Theme : Health
Paper:GS - 2
TABLE OF CONTENT
- Context
- Right to Health
- Features of Right to Health
- Applicability in India.
- What is the Rajasthan Bill About ?
- Challenges in Realization of Right to Health
- Road Ahead
Context : In September this year, the Rajasthan State government introduced the Rajasthan Right to Health Bill, 2022 in the state legislative assembly.As it is still being debated in the legislative assembly and has become a major part of public discourse among health care providers as well as different interest groups.It becomes important to understand its legal dimensions, and more importantly, the short term and long term implications of its implementation.
Right to Health :
- The right to health is the economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled.
- It was first articulated in the WHO Constitution (1946).
- It states that the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being.
- It defines health as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.
Features of Right to Health :
The 1948 Universal Declaration of Human Rights mentioned health as part of the right to an adequate standard of living (article 25). It includes :
- Highest attainable standard of physical and mental health
- Reduction of the stillbirth-rate and of infant mortality
- Healthy development of the child
- Environmental and industrial hygiene
- Prevention, treatment and control of epidemic, endemic, occupational and other diseases
- Assure to all medical service and medical attention in the event of sickness
Applicability in India :
- Fundamental rights: Article 21 of the Constitution protects and upholds the right to life and liberty. Courts have often taken a progressive stance in expanding the scope of the right to life to include the right to health.
- Directive Principles: Articles 38, 39, 42, 43, & 47 of the DPSP put the obligation on the state in order to ensure the effective realization of the right to health.
- Judicial observations: In State of Punjab and Ors versus Mohinder Singh Chawla (1996), the Supreme Court proclaimed the right to life includes within its fold the right to health.
What is the Rajasthan Bill About ?
- The Rajasthan government has acted on its constitutional mandate by providing health care services to residents of the state.
- Special provisions for residents: It makes it a matter of right for the residents to avail free services as laid down in various insurance schemes.
- Right to medical information: The Bill goes one step further in tackling another thorny issue of the right to medical information in medical establishments.
- Rights to healthcare providers: The Bill has also provided rights for health care providers such as exemption from liability in bonafide acts, a safe working environment, and access to protective gears.
Challenges in Realization of Right to Health :
- Poor Infrastructure: There is a dearth of hospitals in India.
- Fewer doctors per thousand: The WHO mandates that the doctor-to-population ratio should be 1:1,000, while India had a 1:1,404 ratio as of February 2020.
- Lack of primary healthcare services: The existing public primary health care model is not adequate for existing healthcare burden.
- Lack of funding: Expenditure on public health funding has been consistently low in India (approximately 1.3% of GDP).
- Burden of NCDs: Heart ailments are rising like anything in India. It is challenging to tackle Non-communicable Diseases, which is all about prevention and early detection.
Road Ahead :
- Universal health coverage: As part of the SDGs, all countries have pledged to deliver universal health coverage (UHC) by 2030.
- Increasing healthcare professionals in numbers: India has handled the COVID-19 pandemic exceptionally well. However, considering the rise in the number of infections, India is in dire need of more medical staff and amenities.
- More funding: Public funding on health should be increased to at least 2.5% of GDP as envisaged in the National Health Policy, 2017.
- Revamping medical education: The government needs to rapidly build medical institutions and increase the number of doctors.
- Enhancing pandemic preparedness: With COVID-19 we risk once again falling into the trap of a narrow vertical disease-specific approach.
- Use of technology: There is a growing use of mobile apps, online consultations, e-pharmacies, and other tools. These are all welcome and must be leveraged.
FAQs :
-
What is Right to Health ?
ANS.
- The right to health is the economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled.
- It was first articulated in the WHO Constitution (1946).
- It states that the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being.
- It defines health as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.
-
What are the features of Right to Health ?
ANS. The 1948 Universal Declaration of Human Rights mentioned health as part of the right to an adequate standard of living (article 25). It includes :
- Highest attainable standard of physical and mental health
- Reduction of the stillbirth-rate and of infant mortality
- Healthy development of the child
- Environmental and industrial hygiene
- Prevention, treatment and control of epidemic, endemic, occupational and other diseases
- Assure to all medical service and medical attention in the event of sickness