Healthcare as Fundamental Right


In a development which should bring cheer to public health activists in India, a committee set up by the government has recommended that India have a fundamental right to health. The separate committee has been set up the healthcare as the concurrent list both by state and center. And both the State and Center are concerned and plays a major role in implementing the policy.

The committee which recommended this is a high-level group on health, constituted by the 15th Finance Commission. It suggested that India get ready to declare the ‘right to health’ as an Independence Day announcement in 2022. Shifting heath from the state list to the concurrent list will also require a constitutional amendment.

The high-level committee which recommended this had many names who commonly feature on various government committees on health, including Randeep Guleria (director of AIIMS), Devi Shetty (chairman of Narayana Health City), Naresh Trehan (chairman of Medanta City) and Srinath Reddy (Public Health Foundation of India).

Article 21 of the Indian constitution guarantees the right to life, and the right to health has been interpreted through this article. The right to health has been an old demand from India’s public health community, who believe that a legislatively guaranteed right will bring better health access and accountability. Mental healthcare is guaranteed as a right according to a 2017 legislation. There are separate legislations for the prevention of HIV/AIDS and for the rights of people with disabilities.

       The state shall provide a system of health protection to all citizens, including prevention, treatment and control of diseases and access to essential medicines, the bill proposes.It states that all citizens should also have access to basic health services, emergency medical treatment and mental healthcare.

      “Due to unprecedented pandemic, everybody in the world is suffering, one way or the other. It is a world war against COVID-19. Therefore, there shall be Government Public Partnership to avoid world war against COVID-19,” the judges said.

“Either more and more provisions are to be made by the state government and the local administration or there shall be cap on the fees charged by the private hospitals which can be in exercise of the powers under the Disaster Management Act,” they added.

        Health is an essential element of our life. Every human being wants wellness and prosperity in his own life. If they are not able to attain such health goals in life then they are not able to achieve prosperity in life because good health is key and a sign of prosperity and success. The word health is not limited to only physical health; it strongly relates to mental as well as spiritual health of human beings. The Supreme Court of India relies that good health of human beings is essential for their lives and States of India have responsibility for providing such welfare to citizens of India. Providing good nutrition and medical care facilities to citizens of India is the most important responsibility of central governments towards the interest of society. Right to health is part of fundamental right to life and personal liberty under Article 21 of Constitution of India and enforceable by Supreme Court under Article 32 of the Constitution of India if it falls under any deprivation. It’s our responsibility towards society to make awareness about the right to health and its legislation established under procedure of parliament law.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

You may also like to read:

Constitutional Validity of CAA – Part 2 – Aishwarya Sandeep

Freedom of Expression during the pandemic – 4 – Aishwarya Sandeep

Inspirational Women – Kamla Chaudhary – Aishwarya Sandeep

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