Rajasthan’s Right to Health Bill

Why in news?

Recently, the Rajasthan legislative assembly approved the Right to Health Bill, which, once announced, would make Rajasthan the first state in India to ensure its citizens’ access to healthcare. This significant development in improving healthcare services will be discussed in this edition of the burning issue, including the details of the new law and its crucial aspects. This topic is pertinent for the GS-2 mains paper.

Features of the Rajasthan Right to Health Bill

RTH grants all residents of the state the right to access free OPD and IPD services at public and select private healthcare facilities.
Free healthcare services will cover consultation, drugs, diagnostics, emergency transport, procedures, and emergency care, subject to certain conditions.
Residents are entitled to emergency treatment without prepaying fees or charges.
Hospitals cannot delay treatment in medico-legal cases on the grounds of police clearance.
After providing emergency care and stabilization, healthcare providers can receive reimbursement from the state government for charges unpaid by patients.

What is Right to Health?

The right to health (RTH) is an essential human right that entitles all individuals to access the health care they require, regardless of their financial situation or geographic location. The World Health Organization (WHO) emphasizes that nobody should suffer illness or death due to a lack of access to adequate health care or financial resources. This fundamental right is widely recognized as an essential component of the right to a decent standard of living and is enshrined in global human rights law.
In addition, other fundamental human rights, such as access to safe working conditions, education, clean water and sanitation, nutritious food, and adequate housing, are also crucial determinants of good health.
The World Health Organization (WHO) states that everyone has the right to health care.
This right means that people should have access to necessary health care regardless of their financial situation.
No one should suffer or die due to a lack of healthcare or funds.
This right is recognized internationally as a crucial part of a basic standard of living.
Access to clean water and sanitation, nutritious food, adequate housing, education, and safe working conditions are other fundamental human rights that contribute to good health.
RTH addresses different health issues, such as access to healthcare, clean water and sanitation, nutrition, healthy living and working conditions, health education, and disease prevention.
RTH aims to provide healthcare services that are accessible, affordable, and of good quality.
RTH strives to remove obstacles that hinder people’s access to healthcare.
RTH recognizes the importance of informed consent to medical treatment and accessing health information.

Evolution of Right To Health

The Supreme Court ruled in 1996 that the right to life (Article 21) encompasses the right to health, and highlighted the responsibility of state governments to offer healthcare services. In the Constitution, the State List includes public health and sanitation, which encompasses hospitals and dispensaries.

The National Commission on Human Rights (NHRC) created the Charter of Patient Rights in 2018 for state governments to follow. In Rajasthan, various programs are in place to guarantee health coverage, such as the Mukhyamantri Chiranjeevi Swasthya Bima Yojana. This scheme covers medical expenses in over 1,550 private and public hospitals in the state, and certain treatments are also included in the insurance coverage.

Constitutional provisions relating to Right to Health

Here are the key points summarizing the provisions of the Indian Constitution related to healthcare:

Directive Principles of State Policy:

Article 39 obligates the state to ensure the health of workers.

Article 47 imposes a responsibility on the state to raise people’s nutrition levels, standard of living, and public health.

Article 42 requires the state to provide maternity relief and just and humane working conditions.

Fundamental Rights:

While the Constitution does not explicitly ensure a basic right to well-being, Article 21’s guarantee of the right to life has been interpreted to cover the right to health.

The Supreme Court has repeatedly emphasized the government’s constitutional obligation to provide health services.

Role of Panchayats and Municipalities:

Article 243G empowers Panchayats and Municipalities to strengthen general health.

15th Commission on Finances:

The 15th Finance Commission’s High-Level Group on the Health Sector recommended declaring the right to health a fundamental right in September 2019.

The group also suggested moving health from the State List to the Concurrent List.