The Right to Health in India is a topic of growing importance in both legal and public policy discourse. Though not explicitly mentioned in the Constitution, judicial interpretations and policy frameworks have progressively evolved to include it under the ambit of the Right to Life. As India battles health inequities, disease burdens, and infrastructure gaps, recognising the Right to Health in India as a fundamental right has become more relevant than ever. This article explores its constitutional basis, significance, need, arguments for and against, and the way forward.

Constitutional Provisions Supporting the Right To Health in India

Fundamental Rights and DPSPs

• Article 21 of the Indian Constitution, which ensures the Right to Life and Personal Liberty, has been judicially interpreted to encompass the Right to Health in India.
  
  
• Directive Principles of State Policy (DPSPs) under Articles 38, 39, 42, 43, and 47 mandate the state to promote welfare, ensure just and humane conditions of work, and raise nutrition and standard of living.
  
  

Judicial Interpretations Strengthening Right to Health

• In Paschim Banga Khet Mazdoor Samity vs State of West Bengal (1996), the Supreme Court held that providing medical care is a constitutional obligation of the state.
  
  
• In Parmanand Katara vs Union of India (1989), it was ruled that all doctors, public or private, are professionally obliged to extend life-saving medical aid.
  
  

Human Dignity and International Conventions

The Right to Health in India is essential to ensuring human dignity. India, being a signatory to the Universal Declaration of Human Rights (1948), has committed to ensuring adequate standards of living including healthcare, food, and housing for its citizens.

Why the Right To Health in India is Essential

Healthcare Inequality and Privilege

Although Article 15 prohibits discrimination, access to quality healthcare remains a privilege for a few. Years of underinvestment in public health systems have worsened the inequality.

Breaking Discriminatory Structures

Recognising the Right to Health in India can help dismantle structures that perpetuate disparities in access to education, employment, and upward mobility, especially for marginalised communities.

Evolving Nature of Rights

As societies progress, so must their rights. Healthcare is no longer a luxury but a necessity and should be guaranteed for all as a fundamental right.

Service-Delivery vs Rights-Based Model

While schemes like Ayushman Bharat have wide reach, they are primarily service-delivery models. A rights-based framework, on the other hand, ensures enforceability, accountability, and equity.

Strengthening Primary Healthcare

The primary healthcare system in India suffers from poor infrastructure and lack of trust. Enforcing the Right to Health in India can act as a catalyst to strengthen it.

Challenges and Concerns Against Right To Health in India

Lack of Financial Clarity

Private healthcare providers fear the ambiguity around who will bear the cost of emergency and free treatments. This has been a primary point of opposition.

Burden on Private Sector

Critics argue that the Right to Health in India may result in the state shifting its responsibilities to the already overburdened private sector without adequate compensation.

Disease Burden and Health Financing

India faces a dual burden of communicable and non-communicable diseases. According to Frontiers in Public Health, 33% of the population still suffers from infectious diseases. Coupled with low public health spending, this results in inadequate services and infrastructure.

Gender Inequality in Health

Women face significant disparities in healthcare access and treatment. Recognising the Right to Health in India can play a transformative role in bridging this gender gap.

Lack of Procedural Clarity

Some critics point out the absence of detailed implementation guidelines, but health rights activists argue that such details will be framed through Rules once the law is passed.

Reimbursement and Compensation Issues

There are persistent complaints from private healthcare providers about reimbursement delays and unviable package rates under public health schemes.

Way Forward: Realising the Right To Health in India

• Increase public spending on healthcare to at least 2.5% of GDP.
  
  
• Set up a comprehensive legal framework for the Right to Health in India with clear roles for both public and private sectors.
  
  
• Strengthen primary health centers and invest in human resources.
  
  
• Ensure effective regulation of private hospitals and transparency in treatment costs.
  
  
• Use technology and telemedicine to bridge the rural-urban healthcare divide.
  
  

Conclusion

Recognising the Right to Health in India as a fundamental right is not just a legal imperative but a moral one. It lays the foundation for an equitable, just, and inclusive healthcare system. With the right investments, legal backing, and political will, India can transform its healthcare system to serve every citizen with dignity and fairness.