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    Right To Health & Medical Care

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    SHUBHAM SANKHALA
    The document discusses whether health care is a fundamental right in India. It argues that the right to health is part of the right to life under Article 21 of the Indian Constitution, making it a fundamental right. However, India's public health system is weak due to low spending on health care and a lack of statutory framework guaranteeing the right to health. The document outlines various government health care programs and recommends declaring the right to health as a fundamental right to strengthen access to care.

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    Right To Health & Medical Care

    Uploaded by

    SHUBHAM SANKHALA
    97 views12 pages
    The document discusses whether health care is a fundamental right in India. It argues that the right to health is part of the right to life under Article 21 of the Indian Constitution, making it a fundamental right. However, India's public health system is weak due to low spending on health care and a lack of statutory framework guaranteeing the right to health. The document outlines various government health care programs and recommends declaring the right to health as a fundamental right to strengthen access to care.

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    Right to Health & Medical Care

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    The document discusses whether health care is a fundamental right in India. It argues that the right to health is part of the right to life under Article 21 of the Indian Constitution, making it a fundamental right. However, India's public health system is weak due to low spending on health care and a lack of statutory framework guaranteeing the right to health. The document outlines various government health care programs and recommends declaring the right to health as a fundamental right to strengthen access to care.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    97 views12 pages

    Right To Health & Medical Care

    Uploaded by

    SHUBHAM SANKHALA
    The document discusses whether health care is a fundamental right in India. It argues that the right to health is part of the right to life under Article 21 of the Indian Constitution, making it a fundamental right. However, India's public health system is weak due to low spending on health care and a lack of statutory framework guaranteeing the right to health. The document outlines various government health care programs and recommends declaring the right to health as a fundamental right to strengthen access to care.

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    Download as pdf or txt
    of 12

    RIGHT TO HEALTH &

    MEDICAL CARE
    -SHUBHAM SANKHALA
    2 BBA LLB
    HUMAN RIGHTS COMMISSION, RAIPUR (C.G)

    CHRIST DEEMED TO BE (UNIVERSITY)


    WHAT ARE FUNDAMENTAL RIGHTS?
    Fundamental rights are the basic
    human rights enshrined in the
    Constitution of India which are
    guaranteed to all citizens. They are
    applied without discrimination on
    the basis of race, religion, gender, etc.
    IS HEALTH CARE A RIGHT IN INDIA?

    Right to Health is a part and parcel of Right to Life


    and therefore right to health is a fundamental right
    guaranteed to every citizen of India under Article 21
    of the Constitution of India.
    HEALTH CARE SYSTEM IN INDIA
    The pandemic has exposed the deep vulnerabilities of India’s
    healthcare system. Much of this is blamed on India’s low
    expenditure on public health –1.29% of the GDP (in 2019-
    20), lower than most other countries. Another critical reason
    for the weak public health in India is the absence of a
    statutory framework that guarantees a fundamental right to
    health.
    Declaring the right to health a
    fundamental right
    >The recommendation to declare the right to
    health a fundamental right, if implemented,
    will strengthen people’s access.

    >At present, state governments enjoy


    constitutional directives to adopt, enact and
    enforce public health regulations.

    >Moreover, the Constitution does not only


    oblige the State to enhance public health, it
    also endows the Panchayats and
    Municipalities to strengthen public health.
    GOVENMENT YOJANAS' FOR HEALTH CARE IN
    INDIA

    01 AYUSHMAN BHARAT 03 JANSHREE BIMA


    YOJANA YOJANA
    40% OF THE IT IS FOR POOR PEOPLE
    POPULATION AND WHO ARE IN THE AGE
    HEALTH COVER OF Rs. 5 OF 18-59 YRS.
    LAKH.

    02 PRADHAN MANTRI
    SURAKSHA BIMA YOJANA
    IT PROVIDES INSURANCE
    TO ACCIDENT AND
    COVERS AGE GROUP OF
    18 TO 70.
    C.G STATE GOVT. YOJANA FOR HEALTH CARE

    >State had experimented with various health Insurance models


    like Rashtriya Swasthya Bima Yojana, Mukhyamantri Swasthya
    Bima Yojana, sanjeevani sahayata Kosh, Pradhan Mantri Jan
    Arogya Yojana and few other schemes to provide quality and
    affordable health care to its population.

    >With a view to provide the health assurance coverage to 100% of


    population of Chhattisgarh & to make the process of availing
    services simple to the general public, under Dr. Khoobchand
    Baghel Swastyha Sahayata Yojana (DKBSSY) treatment benefits
    are being provided to all the resident families of State on the
    basis of Ration cards issued by the department.
    What is the situation of patient's
    rights in India?
    India does not have a dedicated
    regulator like other countries.
    Some states have adopted the
    national Clinical Establishments Act
    2010, while other states have enacted
    their own state-level legislation like
    the Nursing Homes Act to regulate
    hospitals, and a few other states are in
    the process of adopting/developing
    such regulations.
    WHAT ARE THE RIGHTS
    OF A PATIENT IN
    INDIA?
    Right to Right to Right to Right to Right to
    Information Records Emergency Informed Confidentia
    and Medical Consent lity, Human
    Reports Care dignity,
    and
    Privacy
    National Human Rights Commission
    Advisory on Right to Health On May 04,2021

    With the advent of the second wave of COVID-19, the situation has worsened and
    India is now facing a public health emergency of unprecedented proportion and
    severity. Critical gaps are apparent in the system related to patients’ access to
    life-saving healthcare, including availability of critical care beds, oxygen supplies,
    essential medicines, emergency transport, and other facilities. Acute shortage of
    these resources is resulting in high mortality and putting a huge burden on the
    hospitals and healthcare professionals, beyond their capacity so much so that the
    healthcare infrastructure of the country appears to be on the verge of a
    breakdown.
    >Arrangements for Oxygen, Essential Medicines and Devices
    >Public Information on COVID Protocols
    >Vaccination (without discrimination)
    >Provision of Free Test, Adequate Number of COVID Testing Facilities and Timely reports
    >Display and observance of COVID Charter including Patients’ Rights
    >Ensuring rights of healthcare workers and frontline staff
    CONCLUSION
    Since independence health has been given a pivotal place by the Indian parliament
    and the same continues to be so as on date. More importantly the Government’s
    capacity to develop national health policy and legislation that conforms to human
    rights obligations is strengthened with the implementation of progressive
    legislations. The only uncovered area till now has been the recognition of health as a
    human right through specific legislation. Hopefully the same has been attempted to
    be fulfilled by the Parliament with the introduction of National Health Bill.
    Health has to be promoted from the human rights perspective and the same has to
    be borne in the minds of each and every individual involved in the health care
    sector. This is only possible when the legislations are made with a view to promote
    and protect health from a human right perspective. We find that the legislations in
    India fail to focus and promote health from human rights approach.
    THANK YOU

    "A right delayed is a right


    denied."
    - Martin Luther King, Jr.

    ANY SUGGESTION?

    HUMAN RIGHTS COMMISSION, RAIPUR (C.G)

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