Health and healthcare are the foundation of the human condition and wellbeing and are a major contributor to the economy of the state and its growth. Therefore, the States have unending obligations to protect and promote the health of their citizens all over the world by ensuring an adequate standard of universal health care for everyone. Access to quality and comprehensive health services is essential for maintaining and improving health and thus reducing excessive and traumatic issues and obstacles in this area. In addition, the acknowledgement of rights to healthcare at the international and national levels is essential in order to provide a primary healthcare system that is universally accessible and affordable through the development of an adequate and comprehensive fundamental health rights framework.
Healthcare is a broad term that covers the structure that includes the maintenance, improvement and growth of medical facilities and services to satisfy the medical demands and requirements of living creatures.
Healthcare services refers to services that assist with the prevention, diagnosis and treatment of diseases or impairments.
The quality of the healthcare apparatus and services within a society or a nation is considered to be one of the main important factors that affect the management of a country.
Based on the World Health Organisation (WHO) A functioning healthcare system requires a financial system, a trained and well-paid workforce, reliable data upon which to base on, and well-maintained health facilities that can provide high-quality drugs and medical technologies.
A well-organised and efficient healthcare system could contribute to an important portion of a nation’s overall development, growth and economy.
The Indian healthcare industry is diverse and is home to a thriving biotechnology and pharmaceutical background as well as infrastructure. It is also home to different medical practices, such as Ayurveda, Unani, Homeopathy, Naturopathy, Acupuncture and Allopathy just to name some.
India is also one of the most sought-after destinations for top-quality medical and diagnostic procedures however the reality is quite different.
Health care in India and rights to healthcare
There is no explicit acknowledgement that the rights to healthcare or health under the Indian Constitution exist, but healthcare rights could always be considered by the Constitution’s Article 21, which ensures the right to live.
In addition, it is important to note that 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 on the state. Article 39(e) stipulates that the state should determine its policies to ensure the health and vitality of employees, both males and females, and ensure that children who are of a young age aren’t abused. Article 42 compels the state to create provisions for the protection of humane and just working conditions, as well as pregnant women’s relief. Article 47 places a burden on the state to strive to improve the quality of nutrition as well as the quality of life of the citizens of the country, as well as the general health of the population, as its main obligation. To add to this, the Constitution also places an obligation on panchayats and municipalities to strengthen public health by implementing Article 243G, which is read in conjunction with the 11th Schedule Entry 23.
Since India is an original member of the United Nations, it has adopted a variety of international treaties and conventions guaranteeing the health rights of all citizens. India’s adherence to international 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 for universal health care.
One of the biggest challenges in the current situation and existing conditions in the healthcare industry in India is the inaccessibility of basic healthcare services, the absence of medical professionals who are trained and resources insufficient to access basic medical facilities, inadequate medical equipment and medicines, and a host of other. Additionally the ineffective distribution of funds in support of the healthcare industry from the state plays an important part in the deteriorating condition of the healthcare infrastructure in our country.
Health issues that are national-level in the sector
The second-highest population nation and one of the most rapidly growing economies, India faces unique and unique challenges in the field that of health care for the public. Healthcare and the public health sector are confronted by constant and overwhelming healthcare and public health challenges particularly for the less fortunate segment of society.
Since Part IV of the Indian Constitution i.e. the Directive Principles of State Policy is merely persuasive in nature and does not impose any requirements on the States, nobody could assert against the non-fulfillment of these non-justifiable instructions.
Additionally, since the right to be healthy isn’t an explicitly fundamental right under Section III of the Constitution and must be understood under the guarantee of life in Article 21,. The right to life is greater than just the existence of animals and encompasses living with dignity and respect for others, and that is where the right to health may be determined. While there is no doubt that the Supreme Court of the country has recognized the right to health and access to medical care as fundamental rights that are guaranteed in Section 21 of the Constitution in a variety of rulings, the real-world fact is that neither of these rights are adequately protected or properly protected by the state, and neither does the state pay enough attention to providing an adequate level of living and health for those living who live on its land. Thus, the right to health is left to be a solitary one, as it isn’t an explicit and direct fundamental right in the Constitution.
To this end, the poor quality of healthcare infrastructure and services is the result of the poor management of funds earmarked for the health sector. Even when sufficient funds are allocated to support public health, the funds are frequently taken away by corrupt politicians.
Furthermore public hospitals run by the government in India are not equipped with basic and sophisticated amenities like well-trained personnel and the latest equipment, like the lack of ventilators for coronavirus patients, due to which patients must seek treatment in the private sector. It is not a secret the cost of medical treatments and services offered by private hospitals can cost, which could lead to the lack of access to basic and vital medical services for the poorest of society. This prevents them from claiming the right of health care, an essential and essential human right.
Furthermore, the current COVID-19 epidemic, in which the number of cases is on an upward trend, reveals the lack of capacity of the State government in being prepared in response to a pandemic, or an outbreak of a severe illness.
When the hospitals of the government do not provide timely and necessary medical treatment to a patient this is a breach of the patient’s right to healthcare as well as the threat of a breach of the patient’s rights to live, as outlined by the judge on Paschim Banga Khet-Mazdoor Samityv. State of West Bengal.
Healthcare issues at the international level
The idea that the rights to health are protected in international law dates back in the Universal Declaration of Human Rights (hereafter known as the UDHR) in 1948. The UDHR in Article 25 outlines an adequate standard of living that is suitable for well-being and health of a person as well as his family members. This includes medical treatment, the right to protection in the event of disability or sickness, and other hardships arising from circumstances beyond the control of a person. In addition, the International Covenant on Economic, Social and Cultural Rights, as well as Article 12 expressly outlines the right to health.
However, global healthcare is afflicted by an endless number of challenges. The requirement for the “highest possible quality of life” in the constitution of World Health Organization, 1946 obliges a state to create an acceptable standard of care with regard to health. However it does not consider that the process of evolution is lengthy, and the epidemiological, demographic and economic circumstances of every nation differ from one another making it a hindrance to respect for a universally fair standard of healthcare.
Many of the epitomising challenges facing organisations such as WHO are diseases like the most recent COVID-19, the economic disparities among States as well as within-state, the punctuality of environmental and natural resources within the States as well as political issues and a lack of innovation in the health industry, just to mention some.
WHO responds to the present contagious situation by utilizing its strategic preparedness and Response Plan and Global Humanitarian Response Plan however, perhaps this isn’t enough. Despite the many ages of history in the world, no one country or any international organization has ever been able to develop an unbreakable vaccine that can be efficient against coronavirus. WHO must coordinate with the individuals States with a pre-drafted strategy to fight the pandemic quickly and efficiently.
Suggestions for metamorphosing right towards health to a fundamental Right
Concerning a critical issue such as healthcare and related topics there is a requirement for a complete harmonisation and collaboration with the Centre and the state governments, while reaffirming the principle of cooperation in federalism for securing the universality and minimum standards of healthcare for everyone.
The state government must work to offer comprehensive health coverage to everyone and should be proactive in implementing programs by encouraging and implementing government-financed health insurance policies and programs.
An appropriate constitutional amendment that is influenced by the landmark 93rd Amendment of the Constitution that gives constitutional sanction on the rights to education could be considered to ensure sufficient healthcare facilities and infrastructure in India.
In addition, the current fundamental constitutional guarantees as well as legal precedents and international commitments are the basis to establish rights to healthcare as a fundamental right.
Conclusion
In India the State is obligated to be the principal provider of health care in accordance with the obligation by the Constitution itself. The Constitution, although not strictly however, entices the State to contribute to improving their health and wellbeing of citizens as well as improving overall health of the public and ensuring the minimum standards of universal health care.
At present, no clear or decisive measures have been implemented to implement or fulfill the constitutional obligation on the State to ensure access to healthcare, or minimum standards of health for everyone. In addition, the State is being unresponsive to the medical and healthcare needs of the population at large.
A well-organized, productive and a practical healthcare system can help to contribute to a significant portion of India’s overall economic growth and development.
In addition, the recognition by the nation of access to medical care is crucial, and the state must develop rights to healthcare into an integral fundamental right by pursuing efforts in the field of social epidemiology and establishing an understanding of health rights that specifically establishes a connection between health and state policies and laws, as well as adopting a sweeping responsibility- and accountability-based approach to achieve this while securing international assistance and cooperation in regard to health care.