Is India ready for fundamental right to health?
DOI:
https://doi.org/10.18203/2394-6040.ijcmph20240920Keywords:
Right to health, Fundamental right to health, Right to health in IndiaAbstract
The right to health, a vital indicator of human development and thus, the economic and social development, has been an age-old phenomenon in India. Although, no explicit recognition to the right to health or healthcare has been given under the Indian constitution, the hon’ble supreme court, through various judicial interpretations, has repeatedly observed that right to health is a part of fundamental right to life and personal liberty enshrined under article 21. However, the fundamental policy question being raised in recent years is whether to guarantee health as a separate fundamental right in India. The issues for consideration are multifarious, the most important being- whether we have reached the level of economic and health systems development so as to make this a justiciable right-implying that its denial is an offense.
Metrics
References
Regional Office for South-East Asia, WHO. The Right to Health in the Constitutions of Member States of the World Health Organization South-East Asia Region. Available at: https://www.who.int/ southeastasia. Accessed on 12 January 2024.
Nikaash S. Right To Health and Health Care. Legal Service India E-Journal. Available at: https://www.legalserviceindia.com/legal/article-6107-right-to-health-and-health-care.html. Accessed on 12 January 2024.
Office of the High Commissioner for Human Rights. CESCR General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. 12). 2000;1-21.
Bhagwati PN. Bandhua Mukti Morcha v. Union of India and Ors. vol. AIR 1984 SC 812. Available at: https://indiankanoon.org/doc/595099/. Accessed on 12 January 2024.
Agrawal SC. Paschim Banga Khet Mazoor Samity vs. State of West Bengal. vol. (1996) 4 SCC 37. Available at: https://indiankanoon.org/doc/1743022/. Accessed on 12 January 2024.
Ramaswamy K, Pattanaik GB. State of Punjab and Ors. vs. Mohinder Singh Chawla. vol. (1997) 2 SCC 83. Available at: https://indiankanoon.org/doc/ 1569214/. Accessed on 12 January 2024.
Government of India. Article 39 (e) of The Constitution of India. (India, 1950).
Government of India. Article 42 of The Constitution of India. (India, 1950).
Government of India. Article 47 of The Constitution of India. (India, 1950).
Ramaswamy KVN. Virender Gaur v. State of Haryana. vol. 1995 (2) SCC 577.
Government of India. National Health Mission. Available at: https://nhm.gov.in/index4.php?lang=1 &level=0&linkid=445&lid=38. Accessed on 12 January, 2024.
Ministry of Health and Family Welfare. National Health Policy. 2017.
Ranga A, Majra JP. Status of knowledge regarding school health services among school teachers: a cross sectional study from a northern Indian state. Int J Community Med Public Health. 2020;8(1):359.
Ministry of Health and Family Welfare. Rural Health Statistics 2021-22. Available at: https://hmis.mohfw. gov.in/downloadfile?filepath=publications/Rural-Health-Statistics/RHS%202021-22.pdf. Accessed on 01 January 2022.
Ministry of Health and Family Welfare. Indian Public Health Standards, Health and Wellness Centre - Primary Health Centre. vol. III. Available at: https://nhm.gov.in/images/pdf/guidelines/iphs/iphs-revised-guidlines-2022/03_PHC_IPHS_Guidelines-2022.pdf. Accessed on 01 January 2022.
Ministry of Health and Family Welfare. 14th Common Review Mission Report, 2021. Available at: https://nhm.gov.in/New_Updates_2018/Monitoring/14th_CRM/14th_CRM.pdf. Accessed on 01 January 2022.
Kasthuri, A. Challenges to Healthcare in India - The Five A’s. Indian J Community Med. 2018;43:141-3.
Baker C. NHS Key Statistics: England. 2023. Available at: https://commonslibrary.parliament. uk/research-briefings/cbp-7281/. Accessed on 12 January 2024.
Papanicolas I, Mossialos E, Gundersen A, Woskie L, Jha AK. Performance of UK National Health Service compared with other high-income countries: observational study. BMJ. 2019;367:l6326.
British Medical Association. NHS backlog data analysis. 2023. Available at: https://www.bma.org. uk/advice-and-support/nhs-delivery-and-workforce/ pressures/nhs-backlog-data-analysis#:~:text=The%20 latest%20figures%20for%20January,pre%2Dpandemic%20in%20January%202020. Accessed on 12 January 2024.