As the World Health Organisation (WHO) celebrates World Health Day 2023 with an aim to garner attention on global health issues and raise awareness about universal health coverage and 'Health for all', experts and civil society organisation have continued to voice the need for legislating people's 'Right to health'.
What is Right to health?
According to WHO, the Right to health is the right to the enjoyment of the highest attainable standard of physical and mental health, including access to medical care, sanitation, nutrition, clean water, and all other socio-economic determinants of health.
This right is guaranteed to all individuals, without any discrimination based on gender, race, ethnicity, or socio-economic status, WHO stresses.
Right to health in India
The Constitution of India makes multiple references to public health and the role of government in the provision of healthcare to citizens, it gives no explicit recognition of the right to health or healthcare as a fundamental right.
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Article 21 of the Constitution guarantees the protection of life and personal liberty to every citizen, Article 39 (E) directs the State to secure the health of workers, Article 42 directs the State to just and humane conditions of work and maternity relief, Article 47 casts a duty on the State to raise the nutrition levels and standard of living of people and to improve public health, Article 243G endows the Panchayats and Municipalities to strengthen public health, The Directive Principles of State Policy in Part IV of the Indian Constitution also provides a basis for the right to health.
According to Dr Yogesh Jain, a member of Jan Swathya Abhiyan (People's health movement), recognising the right to health as a fundamental right is important in ensuring and safeguarding people's access to basic health facilities. He added that it will not force the policymakers and health agencies to allocate substantially for building better health infrastructure but will also reduce the out-of-pocket expenses of patients in the country. He added that high out-of-pocket medical expenses is one of the biggest reasons for people falling into poverty, leading to a vicious cycle of poor health outcomes and poverty.
Status of health infrastructure in India
According to the National Health Profile 2021 data released by the Ministry of Health and Family Welfare (MoHFW), India's current doctor-to-population ratio is 1:1456, which is lower than the World Health Organization (WHO) recommended ratio of 1:1000. Similarly, the nurse-to-population ratio in India is 1:670, while the WHO recommends a ratio of 1:300.
The Covid-19 pandemic has further put burden on India's healthcare system and highlighted the gaps it has been suffering. The shortage of essential medical supplies, inadequate healthcare infrastructure, and lack of coordination between state and central governments have adversely impacted the healthcare response to the pandemic.