Rajasthan High Court Acts on Its Own to Address the Failing Public Healthcare System, Linking Right to Health with Right to Life.
The Rajasthan High Court has taken notice of the failing public healthcare system in the state and is calling for its improvement. The Court highlighted the loss of lives due to negligence from hospitals, staff, and poor government management. It has requested reports from the Secretary of the Ministry of Medical Health in New Delhi and the Chief Secretary of Rajasthan regarding the measures being taken to enhance the healthcare system. Justice Anoop Kumar Dhand noted that the government has a duty to provide health services to the public. He emphasized that hospital staff should not treat human lives carelessly, stating that no one should die because of negligence.
The Court also emphasized that the Right to Health is crucial for human dignity and that it is the government’s duty to protect this right for all citizens. The Right to Health is recognized as a fundamental right in the “YAJUR VEDA” and under Article 25 of the Universal Declaration of Human Rights. The Court remarked that health is vital for individuals and national development, asserting that the Right to Health is essential for exercising basic human rights. It further pointed out that the Indian Constitution inherently supports the Right to Health.
The Constitution of India does not officially recognize the Fundamental Right to Health, but it does guarantee the Fundamental Right to Life and Personal Liberty under Article 21. This right includes Human Dignity, which encompasses the Right to Health and medical assistance. The term “Life” in this context means a life of dignity, not just mere survival. The court noted that the Right to Health is essential to the Right to Life, which is fundamental for everyone. Article 21 protects life and personal liberty, stating that no one can be deprived of these rights except through legal procedures. The right to life goes beyond mere existence; it includes living with dignity and respect.
The Court emphasized that it is the State’s responsibility to create effective systems for public welfare. However, despite various health initiatives, the healthcare system is worsening and is beyond the control of the State and hospital management. The court highlighted two alarming news reports that showcase serious negligence by hospital administrations. It stressed the urgent need for the Government to enhance the healthcare system by establishing more hospitals and Public Health Centres with better facilities for the public’s benefit. The current healthcare services need significant improvement and renewal, and the court urged the government to address the problems faced by the general public.
Cause Title: IN RE: Right to Health and Well Being of Everyone vs. Union of India
