Health and Medical are essential to the human condition and wellbeing and greatly contribute to the economic development of the State, and its growth. Thus, the States have, with unending commitments, required to safeguard and improve the health of their citizens in general by ensuring an adequate standard of universal Medical coverage for everyone.
Access to high-quality and comprehensive health services is essential for maintaining and promoting health, thereby reducing excessive and overwhelming problems and obstacles in this area. Additionally, acceptance of health rights at both the public as as at a national level is vital for the provision of primary Medical that is accessible to all and affordability through the development of an appropriate and comprehensive fundamental health rights framework.
Medical is a broad term that covers an entire system that involves the maintenance, improvement and growth of medical services and facilities to meet the medical requirements and needs of living creatures.
Medical services are services that aid in the prevention, diagnosis and treatment of diseases or impairments.
The standard of Medical equipment and services within a society or a nation is considered to be one of the main crucial factors that determine the way in which a country is run.
As per the World Health Organisation (WHO) A functioning Medical system needs a financial system, a trained and well-paid workforce, reliable data that can be used to make the policies and decisions, and well-maintained health facilities that offer high-quality medical and technological solutions.
A well-organized and productive Medical system can be significant portions of a nation’s overall development, growth and economy.
The Indian Medical industry is diverse and is home to a thriving biotechnology and pharmaceutical background as well as infrastructure. It also has diverse medical practices such as Ayurveda, Unani, Homeopathy, Naturopathy, Acupuncture and Allopathy to mention some.
India has also emerged as one of the most sought-after locations for high-end medical and diagnostics but the actual situation is quite different.
Health care in India and rights to Medical
There isn’t any explicit acknowledgement that the rights to Medical or health under the Indian Constitution, but this right could always be understood in accordance with Section 21 of Constitution, which provides for the right to life.
Furthermore there is the fact that in addition, the Constitution of India lays down certain rules for the health infrastructure in India in Articles 39(e) 42, 39 and 47 in Part IV (Directive Principles of State Policy) and imposes the responsibility of this responsibility upon the government. Article 39(e) stipulates that the State should guide its policy to ensure the health and vitality of all workers, men as well as women, are maintained and young children are not mistreated.
Article 42 encourages the State to create provisions to provide humane and just working conditions and pregnant women’s relief. Article 47 places a burden for the state to strive to improve the quality of nutrition and quality of life of the citizens of the country as well as to improve public health as its main obligation. To add to this the Constitution also places an obligation on Panchayats and Municipalities to strengthen the public health by implementing Article 23G in conjunction with the 11th Schedule, entry 23.
Since India is an original member of the United Nations, it has adopted a variety of public treaties and conventions guaranteeing the health rights of citizens in society. India’s adherence to public treaties and conventions requires it to be a state participant to expand and provide essential in-depth public service, as well as an adequate standard in universal Medical.
The Apex court in the case of State of Punjabv. Mohinder Singh Chawla declared that health care is an essential and fundamental aspect of the human right to live and the state has an obligation in the Constitution to provide Medical services.
Similar to case State of Punjab v. Ram Lubhaya Bagga the court also confirmed that it was the responsibility of the State to ensure health services throughout the country.
A few of the most significant setbacks in the current situation and the status quo when it comes to the health sector in India is the lack of accessibility of essential Medical services, a lack of qualified medical personnel as well as a lack of resources for accessing basic medical facilities, poor medical equipment and medications and numerous other. Furthermore inadequate funding allocation in favor of the Medical industry through the federal government play an important part in the deteriorating condition of the Medical infrastructure in our country.
Health issues that are national-level in the sector
The second-highest population country, and also one of the most rapidly growing economies, India faces unique and unique challenges in the field that of health care for the public. Medical and the public health industry is faced by constant and daunting public health and medical challenges especially for the less fortunate segment of society.
Since Part IV of the Indian Constitution i.e. the Directive Principles of State Policy is only a matter of persuasive nature and does not impose any obligation on the state, nobody is able to assert a claim for non-fulfillment of these legally unjustifiable instructions.
Additionally, since that right to be healthy isn’t an explicitly fundamental right under part III of Constitution and must be understood under the rights to life as guaranteed in Article 21. A right to live goes far greater than just the existence of animals and encompasses living in dignity and respect. this is the place where the right to health is taken from.
While there is evidence that Supreme Court of the country has recognized the right to medical and access to Medical services to be fundamental rights as stipulated in Section 21 of the Constitution through numerous decisions but the fact is neither of these rights are being met or properly protected by the state and neither does the State pay enough attention to providing an adequate quality of life and health for those living in its territory, thereby it is left in the dust as it isn’t an explicit and direct fundamental right in the Constitution.
To this, inadequate Medical infrastructure and the associated services are a result of inadequate budgeting of the funds allocated to the Medical sector. And even when sufficient funds are allocated for public health policies the funds are frequently misused by corrupt politicians.
Furthermore the public hospitals of the governmental government in India are not equipped with essential and modern amenities, such as properly trained staff and equipment, like the absence of ventilators for coronavirus-infected patients. Due to which patients have to seek treatments from the private sector. It is well-known the cost of medical treatments and treatments from private hospitals may cost, which could lead to the inaccessibility of essential and essential medical facilities for the petty tier of society. It makes it difficult for them to assert rights to Medical care, an essential and essential human right.
Furthermore, the current COVID-19-infected situation, in which the number of cases is on an increase, exposes the failure of the state government to providing a well-planned the event of a pandemic or an outbreak of a serious disease.
When the hospitals of the government are unable to provide timely medical care to patients that is a breach of the patient’s right to Medical as well as the imminent infringing of the patient’s right to live, as outlined by the justices of Paschim Banga Khet Mashoor Samityv. State of West Bengal.
Global issues in the Medical sector
The idea of the human right to Medical as a matter of public law dates back to the Universal Declaration of Human Rights (hereafter called the UDHR) in 1948. The UDHR in Article 25 outlines the right to a decent standard of life that is suitable for health and well-being of an individual as well as his family members. This includes medical treatment, rights to protection in the event of illness or disability, as well as other afflictions to livelihoods in circumstances that are beyond the control of a person. In addition, the public Covenant on Economic, Social and Cultural Rights, as well as Article 12, explicitly outlines rights to health.
However, global Medical is constantly confronted with a variety of obstacles. The requirement for an “highest possible quality of life” in The Constitution of World Health Organization, 1946 requires that a nation create a reasonable standard of care with regard to health. However it fails to contemplate the fact that the process of evolution is lengthy, and the demographic, epidemiological and economic circumstances of every country are different from the other making it an obstacle to the respect for a global equal standard of Medical .
Many of the epitomising issues that confront organizations such as WHO are diseases like COVID-19. There are also the economic disparities among States and the state-wide, timely assessment of environmental issues and natural resources within the States as well as political issues and the lack of innovation within the field of Medical, to mention just a few.
Who responds to the present contagious situation by utilizing its Strategy for Preparedness and Response Plan and Global Humanitarian Response Plan but perhaps it’s not enough. Despite the existence of aeons in the world, no one country or any public organization has yet to come up with an effective vaccine that can be effective against coronavirus. WHO must coordinate with the individuals States by drafting a previously-approved strategic plan to tackle the pandemic quickly and efficiently.
Suggestions for metamorphosing the rights to be healthy into fundamental Right
Concerning a critical issue such as Medical and related issues there is a requirement for a complete harmonisation and collaboration with the Centre and States, while reiterating the need for cooperative federalism in order to secure the universality and minimum standards of Medical for everyone.
The State government should work to ensure that health insurance coverage is comprehensive to everyone, and should be proactive in implementing programs, encouraging and implementing government-funded health insurance policies and programs.
A suitable constitutional amendment that is based on the landmark 93rd Amendment in the Constitution that gives constitutionally-valid educational right, can be proposed to provide the best Medical infrastructure and services in India.
Additionally, the existing constitutional guarantees of the fundamental constitution, as well as legal precedents, and public obligations provide a solid basis to establish that right of health to be a fundamental right.
In India The State has been designated as the principal provider of health care and is entrusted with this obligation by the Constitution itself. The Constitution, while not a strict law however, entices the State to contribute to improving overall health for its citizens as well as improving the general public health, and ensuring the minimum standards of universal health care.
To date, no compromising or effective steps have been implemented to implement or fulfill the constitutional obligation on the State to ensure rights to health, or minimum standards of health for everyone. Furthermore, the State has a preference of not to be open to medical and Medical needs of the population at large.
A well-organized, constructive and a practical Medical system could be a major contributor to the growth of India’s overall economic growth and development.
In addition is the recognition by the nation of access to medical care is essential and the state must develop this right into an integral fundamental right through efforts in research on social epidemiology and establishing an understanding of health rights that clearly establishes a linkage between health and State laws and policies and implementing a comprehensive “responsibility and accountability” approach for this while securing public assistance and collaboration regarding health care.