RIGHT TO HEALTH &

MEDICAL
CARE
-SHUBHAM SANKHALA
2 BBA LLB
CHRIST (DEEMED TO
BE UNIVERSITY)
HUMAN RIGHTS COMMISSION, RAIPUR
(C.G)
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 C ARE 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.
 GOV ENM ENT YOJANAS' FOR HEALTH
C AREIN 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 GOV T. YOJANA FOR HEALTH
C ARE
>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 m a k e 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.
W HAT ARE THE
RIGHTS OF A PATIENT IN
INDIA?

Right to Right to Right to Right to Right to

Inform a tion Em erg enc Inform ed Confid entia
Record y Medical Consent lity,
s and Care Human
Reports 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 a nd 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
 CONCLUSIO
N given a pivotal place by the Indian parliament
Since independence health has been
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)