KM

Kush MotwaniAIR 11· 2023

Question 8GS2GS2

In the context of India, despite the presence of constitutional provisions, legal precedents, and international commitments that establish a robust foundation for a right to health, why has there been a lack of explicit legal recognition of this right? Also suggest measures to address this.

Open scan (p.15)

Main Body

Right to health' has declared as a pearl of right to life under public 21 by Supreme court in [Bandhua Mukti Morcha Case] (1988) (4)i, for it - Leave unavailable, if any to be codified) Barriers to explicit legal recognition: 1. Constitutional barrier - Health is in list of [Art. VII] Schedulable (ie state List osek) 2. Fiscal barrier - Inadequate fiscal capacity of union and states to provide healthcare expenditure on health by GOVS covered [Rs 2.6%] of GDP (WHO recommended ~5% of GDP) 3. Infra barrier - Many talented doctors, don't have infrastructure in hospital

g Lack of specializing hospitals h Shortage of health care staff, etc. 4. Policy and engineering with 'Right to Education' - After implementation of RTE, Learning outcomes have [severely] [deteriorated] (eg: product from Pratham ASEA Report) - some experts from [Institutional taken of 'right to health would similarly deteriorate] health undertaking ' 5. Follow against right to health g Protects in Legislation - against Right to Health Bill Way forward: To step by step approach: Step 1: Target 'Right to Health Insurance' - via by economic journey Step 2: Assign Vigorous all PHCs to House at [district level] Step 3: GSPD [Public] doctor population SWHO (1:10:00) Step 4: CDPC Holistic approach to Health Insurance (essential care) and [Lifestyle audit]

216 words1 paragraphs

Topper

Kush Motwani

AIR 112023

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Fundamental Rights

Right to Health

Writing Stats

216

Total words

1

Paragraphs

analytical

Tone