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Demand Fo Right To Health

"For the world, I count it not an inn, but an hospital, and a place, not to live, but to die in".-- Thomas Browne

Health justice is integral to any society. Our health care system is in private hand so it is very important to every citizen to know what their right is. Now world has changed life expectancy has increased but now also there are so many disease which is treatable but it is untreatable to marginal socities,Poor and minorities. There are huge gap between rich and poor many reports has already proved this.

We have seen how people become poor due to our health care. Even WHO report has proved that more than over half of the people pushed into poverty in world due to healthcare expenses are from India.[1]Right to health is guarantee by our honorable supreme court through various judgment but we have seen during covid 19 pandemic people are not able to get hospitals beds even not able to get medicine we have seen how dead body is dumped into Holy River Ganga.

It shows that we are not as much prepared for any health emergency. We need to do more. in this research paper we will focus how India can prepare for any health emergency. It is not very difficult if we acted together.

Right To Health And India's Prepardness To Deal With Health Emergency

Humans are born with some right and no one has authority to eliminate our basic rights. Even our constitution of India also provides the fundamental rights in part111 of our constitution. Article 21 of our constitution says that Protection of life and personal liberty. It also talks about government obligation towards the maintenance of public health.

Right to health is our basic health rights when there was a social contract was done State was obliged or duty to protect our basic rights if they will not able to protect our basic rights then there is failure of state and then people of state has right to overthrow government we have seen during 2nd phase of covid 19 how our both government union and state has failed to protect the live of our citizen till now we have lost around 5 lakh person according to government data which is not true according to various independent data India has lost almost 10 lakh person in only second wave of covid 19.we have seen during 2nd wave of covid 19 there was no place for people in government hospitals there was big shortage of oxygen in all most all states.

All the citizens of this country depend upon only private hospitals which highly highly expensive which is not affordable to any common citizen we have seen how the dead bodies were dumped in Holy river Ganga.even when we go to government hospital they decline the beds for common people and minorities specially.

Right to health which is fundamental right to every citizen of this great country which the Honorable supreme court said that the word he health is enshrined under article 21 in famous case C.E.S.C ltd vs subash Chandra bose and ors[2] has been define in more wider term. It is not only physical but also state of mental and social well being and not only absence of disease. It also includes better working condition of laborers and workers.

What Is Health?

Health is state of complete physical mental and social well being and not merely absence of disease. There are many people who are physically fit but their mental status is not good we have seen during second wave of covid 19 some news journalists who spread hate aginst one community to gain some media coverage. It is a big question that we could say these people physically fit or not.

We do to adopted right based approached we adopted development base model.

After the independence of India we only focus on development which we see impact on our health system during covid 19 pandemic. We heavily privatize the health sector and the impact is that poor marginalized people can nor afford the health. Even who preamble say Government has a big responsibility for the health of their citizens which must be fulfilled only by the provision of adequate health and social measures but we only focus on development model me must move to right based model.

Health And International Law

According to International Covenant on Economic, Social and Cultural Rights of Article 9 The State Parties must be the present Covenant recognize the rights of everyone to social security, including social insurance and according to article 12 . The States Parties must be present Covenant recognize the right of everyone citizen to the enjoy of the highest attainable quality of physical and mental health.The steps must be taken by the States Parties to the present Covenant to achieve those necessary standards The provision for reduce of infant mortality rate and healthy developemt of childrens. The improvement in environment and our industrial hygiene.

The prevention, treatment and control of epidemic, endemic, occupational and other diseases; The creation of conditions which would assure to all medical service and medical attention in the event of sickness but what is data in our country we have infant mortality rate is 30 out 1000 birth which is good enough we have regional variation in Kerala 6 out of 1000 but in Utter Pradesh it is 64 out of 1000 infant mortality rate. We must need to eliminate these regional gaps.

According to The prevention, treatment and control of epidemic, endemic, occupational and other diseases rank of USA IS 1 and our country rank is 52out of 195 which is not good.

According to conventions of child rights of article 4 Government need to do all they can to fulfill their rights of every child but we see data in of our country 172 million death of child in 1 years of his/her birth and more than 2million death due to various infections now we have little improved in malnutrition till 2005 our 60 percentage of Childs are under nourished and 72 percentage of child has iron deficiency.

Two Model Of Health

  1. Bio medical MODEL
  2. Social model OF HEALT
Bio-medical health approach:
It is technical approach in this approach standards are set up and out come measure. This is a scientific measure doctor use to find out reason behind a particular disease. It help medical professionals to treat patients psychology.[3]

Social model of health:
With the help of people we try to understand and collective perception of health. It is study of social impact of patient health.

According to WHO health is seen as absence of disease which is very broad, general and impractical. Disease can never end reaction of disease is different like hypertension can easily treated by rich person and poor cannot afford to eliminate in India. Classification of health on the basis of gender race caste is not good for any country. Our political class of India never invests in health sector. We never saw in India that our political leaders take name of health issue in election.

We have only see in Delhi election where health is also factor in election one interesting fact I have seen all political parties who never use health issue as a election idea but in Delhi election this political parties also talk about health sector. Even one great example Mohalla clinic for health sector investment even United nation chief also appreciate this move. Expenditure on public health system in India that funding has been consistently decreasing in India (only 1.3% of GDP). As per OECD, India only invests 2.3% in health sector. We need to invest heavily on health sector.

Constitution deal with Health law
In our constitution we have divide the power into three parts into Union list, state list and Concurrent list. Health come nowhere in Union list it is primary duty of state in the seven schedules in state list entry 6 it is duty of state to take care Public health and sanitation and hospitals and dispensaries. Seven schedules in concurrent list where union and state both can make laws in entry 29. Prevention of the increasing from one States to another for infectious or contagious diseases or pests affecting men and animals or plants. Union has less power in health law but union government has pass so many laws for health care system.

It is not only that we write in constitution that is enough we have to do more even in our constitution in fundamental right there is no clearly mention of right to health like south African constitution has one but in our directive principles of state policy where health has been discuss but we only focus on universe civil code and ban on cow slaughter we do not focus on Article 41 of constitution Right to work, to education and to public assistance in certain cases The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.[4]

And article 47 of constitution of India say that Duty of the State to raise the level of nutrition and the standard of living and to improve public health The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall Endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.[5]

Judiciary And Right To Health

Judiciary is one the the pillor of Indian democracy to protect fundamental right one interesting fact I would like to share first there is development of environmental law jurisprudence then it come right to health but it should come right to health first then it come environment law jurisprudence. Like in famous case pollution free environment is fundamental right and we suppose right to health is fundamental right. we have seen great support of our supreme court and other lower courts to help during covid 19
  1. Muncipal Council Ratlam Vs Shri Vardhichand[6] case:
    In this famous case municipal council does not care about drainage system and drainage makes lots of problem in locality the honorable supreme court say that Article 47 give clear guiding of governance. Step must be taken to improve public health system. It is primary duty of government to improve public health system.
  2. Mahendra Pratap Singh Vs State Of Orissa And Others [7]:
    Orissa government failed to open health facility in small village all the nurse and doctor are appoint for the hospital but government fail to open the hospital then honorable supreme court say that is violation of right to health.
  3. Paschim Banga Khet Mazdoor Samity Vs State Of West Bengal (1996) [8]:
    Hospital decline to give emergency service court say in emergency case court cannot decline the service in emergency case.

Courts during covid19 play crucial role
During covid 19 judiciary has stand up for the people of India:
  1. It issue some guideline to follow states and union government to curb covid 19
  2. During vaccination supreme court ask government to work more to decrese the digital divide in rural and urban areas
  3. Due to honorable Supreme court government bind ti give free vaccination to all
  4. Courts give order to provide free rations and food to homeless and labourars
Supreme courts and our lower courts play crucial role to curb pandemic

Present scenario of our Health care system and what to do to solve this issue:
  1. India only contribute 1.28% of G.D.P on the health system and U.S.A spend 18%of G.D.P and china spend 3% of G.D.P so how can we say that only 1.28 % of gdp help to fight of our health care system. Government must spend more at least 3% on gdp. It will help to fight any pandemic.
  2. 74% doctor serve in urban areas where only India 28% population live in urban area. Government should make mandatory to government doctor to serve in rural areas for 2 days in week. It will help to fight with pandemic.
  3. Even 1 doctor is not available on 1000 people. It is not good government must increase the seat in MBBS seat.
  4. Honorable prime mister has a dream to make 1 aims in every district it must fulfill at time.

Health right is very important right. Government must pass separate law and make right to health is fundamental right .it is primary responsibility of government. It is also a responsibility to people to take care his/her health. I would like to end with quotes of DR martin luther king

"Of All The Forms Of Inequality, Injustice In Helathcare Is The Most Shocking And Inhumane"

  1. Tracking Universal Health Coverage: 2017 Global Monitoring Report: World Health Organisation,World Bank.
  2. C.E.S.C ltd vs subash Chandra bose and ors(1992)AIR 573.1991SCR SULP.2 (267).
  4. Article 41 in the Constitution of India (1949)
  5. Article 47 in the Constitution of India (1949)
  6. Municipal Council, Ratlam v. Shri Vardhichand & Others, 1980 AIR 1622, 1981 SCR (1) 97
  7. Mahendra pratap vs state of Orissa Mandors..2007(103)CLT675,2007(114)FLR689,2007(1)OLR496
  8. paschim banga khet mazdoor samity vs state of west Bengal (1996)AIRSC2426/4SCC37
  1. Tracking Universal Health Coverage: 2017 Global Monitoring Report: World Health Organisation,World Bank.
  2. C.E.S.C ltd vs subash Chandra bose and ors(1992)AIR 573.1991SCR SULP.2 (267).
  4. Article 41 in the Constitution of India (1949)
  5. Article 47 in the Constitution of India (1949)
  6. Municipal Council, Ratlam v. Shri Vardhichand & Others, 1980 AIR 1622, 1981 SCR (1) 97.
  7. Mahendra pratap vs state of Orissa and ors..2007(103)CLT675,2007(114)FLR689,2007(1)OLR496.
  8. paschim banga khet mazdoor samity vs state of west Bengal (1996)AIRSC2426/4SCC37.

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