Right
to Health
-
Ms. Swati Kaushal, Assistant Professor,
JEMTEC, School of Law
“It is no measure of health to be
well adjusted to a profoundly sick society”
-
Jiddu Krishnamurthy
A
healthy body is the foundation of all its activities. Health is often considered
as a scientific discipline that requires expertise, knowledge and skill of
medicine confined to the medical professionals and scientists but it
encompasses socio-economic and political determinants as well as defined by the
WHO. The importance of health has been emphasized by WHO as “Health is a state
of complete physical, mental and social wellbeing and not merely the absence of
disease”. Indian constitution recognizes the right to health through Right to
life and personal liberty under Article 21 which is the essence of every human
being. It further provides protection under part-IV as DPSP (Directive
Principles of State Policy) through Article 39, 47 and 49 but these are
non-justifiable rights.
The
right to health has become one of the most crucial issue in the light of non-availability
of proper medical care and healing facilities to the individuals in need and to
the whole community at large with reference to community health. Various
philosophers and their philosophies have often undermined health as a component
to be looked upon as social good be it the Utilitarian Philosophy or Rawlsian
Social Justice Theory. It is a kind of social problem as recognized by the
Universal Declaration of Human Rights, 1948 under Article 25, “Everyone has the right to a standard of
living adequate for the health and well-being of himself and of his family,
including food, clothing, housing and medical care and necessary social
services, and the right to security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control”. Now right to
health is universally recognized.
Traditionally
it had individualistic approach with the obligation on the individual to look
after his health and take preventive measures to remain in the best of his
health and then on the medical professionals to provide best medical treatment
and facilities available with them. With the changing notions of healthcare in
a welfare society, concept of community health also achieved importance.
Due
to judicial activism and creative approach of Indian Judiciary, the right to
health became the beacon of light for many victims who were refused medical
treatment as held in the case of Parmanand
Katara v. Union of India (1989 AIR SC 2039,. In this case,
victims of accident were refused treatment by the hospital and were directed to
seek treatment at the specific hospital assigned to take up medico-legal cases.
Hn’ble Supreme Court held that due to the seriousness and utter need of the
patients to seek treatment, administrative hassles must be bend and patients
should be provided treatment as soon as possible. In another case of Paschim Banga Khet Mazdoor Samiti v. State
of West Bengal (AIR 1996 SC 2426),
a train accident patient was refused treatment in many government hospitals of
Calcutta on the pretext of non-availability of proper treatment. Later, the
victim was treated at a private hospital but delay in treatment aggravated his
injuries. The Court issued notices to all State governments and directed them
to undertake measures to ensure the provision of minimal primary health
facilities. With the judicial intervention, the onus has shifted to the state
players to execute this right.
According
to a recent report (NSSO survey 2014 Report, Times of India, 23rd
Apr. 2016- “Medical Expenses Bleeds India’s Poor”), 86% of rural and 82%
of urban population is not covered under any medical or healthcare
policy/scheme of India. Debt taken to afford the medical treatment is also one
of the major causes of increasing poverty in the country. The government was able to bring only 12 % of
urban and 13% of rural population under health protection through Rashtriya
Swasthya Bima Yojana for unorganized workers and families below Poverty Line. In
a developing nation like India, not every individual is in a position to afford
proper medical treatment due to the economic disparity of its citizens, so the
role of state in a welfare state becomes crucial and pivotal to ensure that
proper healthcare reaches all.
For
ensuring proper health, the inter-relationship between factors like clean
living environment, safe working conditions, awareness about disease prevention
and social security measures in respect of disability, unemployment, sickness
and injury needs be addressed as well.
The
right to health is a natural corollary of the right to life and, therefore,
denying someone healthcare is like denying a living human being the right to
live out her natural life span. In a welfare state like India, right to health
can outreach the masses only when the state realizes its responsibility to
execute in a much more effective way and also the role of each and every member
of the society should realize their duty to follow and implement it.
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