Introduction: Right to Health
The Right to Health is a fundamental human right that encompasses the right to access quality healthcare services, medicines, and facilities without any discrimination. It is an essential aspect of a person’s well-being and is recognized globally as a basic human right. In India, the Right to Health is enshrined under Article 21 of the Constitution, which guarantees the right to life and personal liberty to every citizen. It has also been mentioned as a directive principle of State policy under Articles 39 and 47 of the constitution. A duty has been casted upon State to protect the health of its citizens. This article aims to shed light on the concept of Right to Health under the Indian Constitution, its international recognition, and the steps that need to be taken by India to make it more meaningful.
What is Right to Health?
The Right to Health is defined as the right of every individual to enjoy the highest attainable standard of physical and mental health. It includes access to essential healthcare services, safe and clean drinking water, nutritious food, sanitation, and a healthy environment. The World Health Organization (WHO) has recognized health as a fundamental human right in its constitution, stating that “the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition.”
Right to Health under International law
The Right to Health is recognized by various international human rights instruments, including the Universal Declaration of Human Rights (Article 25), International Covenant on Economic, Social and Cultural Rights (Article 12), and International Covenant on Civil and Political Rights (Article 10). These instruments emphasize the importance of providing equal access to healthcare services and facilities for all individuals, without any discrimination.
Right to Health in India
In India, the Right to Health has been recognized as an integral part of the Right to Life under Article 21 of the Constitution. Also has been mentioned under Articles 39 and 47 the Constitution as a directive. The Supreme Court in various landmark judgments has interpreted the Right to Life to include the Right to Health.
Supreme Court cases on ‘Right to Health’
Following are theimportant Supreme Court judgments on Right to Health.
- In the case of State of Punjab v. Mohinder Singh Chawla (1996), the apex court held that the right to live with human dignity includes the right to adequate medical facilities.
- Similarly, in Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996) the court held that the right to health is a fundamental right guaranteed under Article 21 and the government has an obligation to provide adequate healthcare facilities to its citizens.
- Another important judgment by the Supreme Court on the Right to Health is the Consumer Education and Research Centre v. Union of India case (1995). The court in this case recognized the Right to Health as a fundamental right under Article 21 and directed the government to take necessary measures to provide adequate healthcare facilities to all citizens. The court also highlighted the need for a comprehensive health policy that includes preventive, curative, and rehabilitative services.
Analysis of Right to Health in India
Despite the recognition of the Right to Health under the Indian Constitution and various judicial pronouncements, there are still many challenges that need to be addressed to make it more meaningful. The challenges can be summarized into the following points.
- Inadequate healthcare infrastructure and facilities in the country, especially in rural areas- According to a report by the National Health Profile, India has only one government hospital bed for every 1,844 people, which is far below the WHO’s recommended ratio of one bed for every 1,000 people.
- Another challenge is the lack of access to essential medicines. The high cost of medicines and inadequate supply in public health facilities make it difficult for people from low-income groups to access them. This leads to people resorting to self-medication or not seeking medical treatment at all, which can have severe consequences on their health.
- Lack of Government expenditure on health care services.
How right to Health can be protected?
To make the Right to Health more meaningful, the government needs to take concrete steps towards strengthening the healthcare system in the country. This includes-
- Increasing public expenditure on healthcare, improving the availability of essential medicines, and addressing the shortage of healthcare professionals.
- The government should also focus on providing quality healthcare services in rural areas and marginalized communities.
- There is a need for a comprehensive health policy that addresses all aspects of healthcare, including preventive, curative, and rehabilitative services. The policy should also focus on promoting a healthy lifestyle and creating awareness about the importance of preventive healthcare measures.
Conclusion
In conclusion, the Right to Health is a fundamental human right that is recognized internationally and enshrined in the Indian Constitution. The government has a duty to ensure that all citizens have access to quality healthcare services without any discrimination. It is high time that concrete steps are taken to address the challenges and make the Right to Health more meaningful for all citizens. Only then can we truly achieve the goal of a healthy and prosperous nation.
