Basic Right to Health: Contingency and Reforms Amid Covid-19 in India


Authors : Dr. Kamal Jeet Singh; Dr. Manu Sharma

Volume/Issue : Volume 8 - 2023, Issue 3 - March

Google Scholar : https://bit.ly/3TmGbDi

Scribd : https://bit.ly/431rIRy

DOI : https://doi.org/10.5281/zenodo.7793101

Abstract : Right to health has always been a point of contention in human right jurisprudence because of its necessity and importance. In India right to health as such has not been defined in any constitutional provision or legislation but whatever there is in realm of right to health is in the form of case laws through judicial activism. The apex court at several times has recognised right to health as a part of Article 21 of the constitution. The covid-19 pandemic has once again makes the necessity of right to health evident.The pandemic has posed a question mark on the access of health care facilities and availability of right to health to general public all over the world and India is no exception to this. The medical system in India was seen at its lowest. There were no beds in hospitals to entertain patients followed by irregular supply of oxygen and essential medicines. It was not just the absence of medical treatment which resulted in death of thousands of people but also the mental trauma. The pandemic has taught great lesson to government and public at large.The pandemic has not yet over and in such a situation it has become unavoidable to ignore right to health. There is a need to increase finance allocation in government budget for strengthen the medical care system in India. There is no iota of doubt that India needs to strengthen its public health sector. Without a strong public health system we cannot imagine right to heath in India. The States should prepare themselves to fight against pandemic keeping in notice the Odisha model. Right to health will be a reality only with the collaboration of Central government, State government and community.

Right to health has always been a point of contention in human right jurisprudence because of its necessity and importance. In India right to health as such has not been defined in any constitutional provision or legislation but whatever there is in realm of right to health is in the form of case laws through judicial activism. The apex court at several times has recognised right to health as a part of Article 21 of the constitution. The covid-19 pandemic has once again makes the necessity of right to health evident.The pandemic has posed a question mark on the access of health care facilities and availability of right to health to general public all over the world and India is no exception to this. The medical system in India was seen at its lowest. There were no beds in hospitals to entertain patients followed by irregular supply of oxygen and essential medicines. It was not just the absence of medical treatment which resulted in death of thousands of people but also the mental trauma. The pandemic has taught great lesson to government and public at large.The pandemic has not yet over and in such a situation it has become unavoidable to ignore right to health. There is a need to increase finance allocation in government budget for strengthen the medical care system in India. There is no iota of doubt that India needs to strengthen its public health sector. Without a strong public health system we cannot imagine right to heath in India. The States should prepare themselves to fight against pandemic keeping in notice the Odisha model. Right to health will be a reality only with the collaboration of Central government, State government and community.

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