Critically examine the need for making the right to health a fundamental right in India.

Fundamental right of health means access to timely, acceptable and affordable health care of appropriate quality have become Important drawing novel diseases like H1N1, NIPAH, COVID-19.

Need of Right to Health as Fundamental Right:

Right of life: Article 21 uphold right to life with dignity and personal liberty which makes health on Integral part.

Directive principles of state policy (DPSP): Article 47 of DPSP in part 4 direct states to ensure health of citizen.

Pandemic situation: important in prevention and control 4 pandemic end novel diseases.

Affordable: Needed to make health care and medical services affordable to all.

out of pocket erpenditune: Important in reducing out of pocket expenditure to largest population below.

Mortality rates: Could lowest Maternal Mortality Rate (MMR) as well as Infant mortality Rate (imR).

concerns/ challenges

India has low expenditure on medical sector. only 2% of GDP is contributed where as CHINA contributes 5% of its GDP, SOUTH AFRICA contributes 8.5% and USA contributes 14% of its GDP’S.

India also has poor doctor rate. According to WHO the India has only 1 doctor for 10000 people.

litigation: making health care as right, increased cases in court and overburdens to judiciary.

Poor Infrastructure: lack of infrastructure and medical Supplies in PHC and hospitals makes it a distant dream.

Burdening Government: could increase debt and expenditure for govt which worsen situation.

Increased tax: may result in increased taxes like European nations around 40% to account for universal health Coverage.

Way Forward

it’s high time that govt ponder upon measures like Univensal health coverage and make comprehensive national health policy. In shorter run, expansion of Pradhan Mantri Jan Arogya Yojana (PMJAY) and integration of AAYUSH¬†can be very helpful. Such efforts will pave the way of making “Right to Health” as fundamental right of India.

READ  Different Prevention of Oppression & Mismanagement Under Corporate Law

 

Author: VAMSI KRISHNA GANGINENI,
IFIM LAW SCHOOL

Leave a Comment