Health is one of the essential elements in our life wellness. Health and education are parameters of employment in society. Today, the whole world survives in financial emergencies. Most of the people lost their jobs due to this pandemic. In these days, Health Issues related cases have arisen in various territories of India. Due to Inefficiency of Health care administration as well as negligence by in-charge doctors causes deaths to infected persons of Covid-19. In many cases, that inefficiency of administration and Scarcity of proper treatment by doctors causes death to infected persons. Hence, many of the people lost their lives due to such negligence. Constitution of India provides under Article 21 of Constitution deals with Right to life and Personal liberty to every citizen of India. Right to life and personal liberty is fundamental right of every citizen of India and includes Provision related to Right to Health guaranteed by Constitution of India to every Citizens. In 1995, the right to health and medical care were declared fundamental rights of every citizen of India under Article 21 of the Constitution since health is essential for making every human being’s life meaningful and purposeful. According to Article 21 of the Constitution – “no person shall be deprived of his/her life or personal liberty except according to the procedure established by law. Fundamental Rights become essential in human life because they are guaranteed to protect human life. Health is not a human right but today, right to health has become a fundamental right. Our mental health and physical health are dependent on the wellness stability in our life. Right to health encompasses good shelter, food and good medical facilities prescribed by the doctor. Wellness of health includes asking for information related to one’s own health status and measures required for correcting the health status. It encompasses drugs-related information. A medical practitioner is required to give proper medicine to a patient which does not include alcohol.
RIGHT TO HEALTH WITH REFERENCE TO DIRECTIVE PRINCIPLES OF STATE POLICY
Article 38 of the Constitution of India deals with the State securing a social order for the promotion of the welfare of the people. The state shall strive to promote the welfare of the people by securing and protecting, as effectively as possible, justice; social, economic and political. Article 42 of Constitution of India deals with provision for just and humane conditions of work and maternity relief. The State shall make provisions for securing just and humane conditions of work and for maternity relief. The Duty of the State to raise the level of nutrition and the standard of living and to improve public health are among its primary duties. Article 243 (G) Of Constitution of India deals with Panchayats and Municipalities. Panchayat and Municipalities should be making policies in interest of social health. They should make policies in the interest of betterment of society. Thus, any citizen of India can compensate his interest of Right to health from society.
UNIVERSAL DECLARATION AND INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
According to Article 25(1) of Universal Declaration of Human Rights, “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family. Every human has the right to health as a universal right to attain wellness and prosperity in life.” The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on 16 December 1966, which includes the right to health. It states that the right to health recognizes “Right to enjoyment of the highest attainable standard of physical and mental health.”
LEGAL RESPONSES TO HEALTH EMERGENCIES THE EPIDEMIC DISEASES ACT 1897 AND 2020: AIMS AND OBJECTIVES
In these pandemic days, 132 years old legislation comes into view of everyone and plays a vital role in fighting this pandemic. The Act provides for the prevention and spread of dangerous epidemic diseases. It amends as a The Epidemic Diseases Act, 2020. Under this Bill, an ‘act of violence’ includes any of the following acts committed against a healthcare service personnel:
(1) harassment impacting living or working condition
(2) harm, injury, hurt or danger to life
(3) obstruction in discharging duties
(4) damage to property or documents of health care personnel. Persons convicted of offences under the bill will also be liable to pay compensation to the healthcare service personnel whom they have hurt. Cases registered under the Bill will be investigated by a police officer. The investigation must be completed within 30 days from the date of registration of the First Information Report and trial or inquiry should be concluded within a six-month period. If the delay is caused then it’s punishable law.
(5) Some Case Laws Interpreting Right to Health as a Fundamental Right and Its Importance
(a) People’s Union for Civil Liberties Vs. Union of India (W.P.(Crl.) 89/2002): In that case held that petitioner asks for supreme court opinion over matters regarding the right to food in India. The first concern raised was about the food grains rotting in the government godowns when thousands of people were dying from starvation. It held that the Right to Health is related to the Right to Food. Supreme Court concluded that the Right to Food is an essential constitutional right linked with Article 21, Article 39(A) and Article 47 of Indian Constitution.
(b) Paschim Banga Khet Mazdoorsamity Vs. State of West Bengal and Anr (AIR 1996 SCC (4) 37): This case held that the formation of a welfare in state is one which the first responsibility of the state is the security and welfare of the citizens. The Indian Constitution imposes a duty on the state to protect the life of every citizen and to take care of their lives. This was the first case wherein the Supreme Court which stated that the right to life under Article 21 of the Constitution includes the right to health of deprived persons who are not able to get medical services, which may be necessary to preserve human life.
(c) Bandhua Mukti Morcha Vs. Union of India (AIR 1997 10 SCC 549) In this case a petitioner filed a public interest litigation in the Supreme Court of India. Before Bench of honorable justice P.N. Bhagwati and justice Sen concluded that child labour below the age of 14 years used in working for heavy industry and the mining industry is worst example of inhumanity. Article 23 of the Constitution of India prohibits the employment of children below the age of 14 years. The Supreme Court took steps to abolish the use of child labour in the carpet industry and to make certain policies or directives for benefit of children so that they can have access to education and get certain health facilities.
(d) Vincent Panikurlangara Vs. Union of India (AIR 1987 SCR (2) 468):In this case the petitioner was an advocate and also the General Secretary of Public Interest Law Service Society, Cochin. Directions for a ban on the import, production, trade, and distribution of drugs had been recommended by the Drugs Consultative Committee. He also sought the termination of every license which authorized the import, production, trade, and distribution of such drugs. He also requested that the Central Government be directed to establish an authority to look into the hazards drugs production that could arise due to the circulation of such drugs and recommend remedies, including compensation to the victims. The court held that in the case for interest of victims recommended guidelines to special court. Investigation authorities must follow these guidelines in the interest of victims and compensate them.
HEALTHCARE AND UNION BUDGET 2021
Healthcare and wellness of citizens of India being a essential part and center in every policy formation by central government in Post COVID-19 Pandemic. World survived in depression and fear sentiments due to COVID-19 Pandemic. Aggrieved countries of world attracted towards health care sector inefficiency and required changes in Administration of Health Care Services. Indian union government centered health care policies in every policy formulation. India is among countries with the lowest public healthcare infrastructure budget in the world. Only 1.3 % of Financial budget invested by central and state governments of India in Health Care Infrastructure, compared to OECD Countries average of 7.6 % and other BRICS Countries average of 3.6 % Investment contributes in every Financial year. Union budget 2021 increased the spending on healthcare by 137% and launched government scheme through PM Atmanirbhar Swasth Bharat Yojana will improve Infrastructure and provide benefitted health care schemes. India has target of 2.5 % to 3.1 % of GDP invests on HealthCare Infrastructure. India will Spends Rs. 2.23 Lakh Crore on Healthcare Sector in upcoming Financial Year 2020-21. An Amount of Rs. 35,000 crores will be spent on COVID-19 Vaccinations. PM Atmanirbhar Swasth Bharat Yojana with an outlay of Rs. 64,180 crores will be running in “National Health Mission”. Over the next six years, the new scheme will develop for innovates primary, secondary and territory level healthcare infrastructure and system. To boost the primary healthcare system, around 17,000 rural and 11,000 urban health and wellness centres will be set up.
CONCLUSION
Health is an essential element of our life. Every human being wants wellness and prosperity in his own life. If they are not able to attain such health goals in life then they are not able to achieve prosperity in life because good health is key and a sign of prosperity and success. The word health is not limited to only physical health; it strongly relates to mental as well as spiritual health of human beings. The Supreme Court of India relies that good health of human beings is essential for their lives and States of India have responsibility for providing such welfare to citizens of India. Providing good nutrition and medical care facilities to citizens of India is the most important responsibility of central governments towards the interest of society. Right to health is part of fundamental right to life and personal liberty under Article 21 of Constitution of India and enforceable by Supreme Court under Article 32 of the Constitution of India if it falls under any deprivation. It’s our responsibility towards society to make awareness about the right to health and its legislation established under procedure of parliament law.