Suo Motu: In the Matter of Right to Health and Well Being of Everyone
The Rajasthan High Court has taken suo motu cognizance of the deteriorating condition of public healthcare systems across the state, including gross negligence shown by hospitals. The court has directed the Union Government and State Ministry of Health to submit a report on effective steps being taken to improve the present healthcare system.
In its order, the bench of Justice Anoop Kumar Dhand noted that while the Fundamental Right to Health is not officially recognized by India's Constitution, the Right to Dignity as included in Article 21 (Right to Life) extends to Right to Health and medical aid. Additionally, various Articles in the Constitution, such as DPSPs 38, 41, and 47, have constitutional obligations to provide healthcare facilities to the general public.
The court emphasized that Right to Health is an essential component of human dignity and reiterated its responsibility on the government to protect and promote it for all citizens. It also highlighted that Right to Health has been recognized in ancient texts like the Yajur Veda as well as Article 25 of the Universal Declaration of Human Rights.
In a stern warning, the court expressed dismay at instances of gross negligence by hospitals, stating that their administration and staff cannot take people's lives "without any kind of discrimination or negligence". It urged the government to focus on improving its healthcare system by establishing new hospitals and public health centers with better facilities for the general public.
While the court sought a report from both the Centre and State Governments, it expressed urgency in finding solutions to improve the current public healthcare services. The high court is expected to scrutinize the actions taken by the respective governments to address this critical issue affecting the well-being of everyone.
The situation highlights growing concerns about India's public healthcare system and raises questions over the government's commitment to implementing policies that prioritize human dignity and health.
A copy of the full order has been released by the Rajasthan High Court, which can be downloaded from our website for those interested in following this developing story.