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?
Main Body
Recently, Rajasthan government has placed a Bill on Right to Health. Presence of constitutional provisions, legal provisions and international commitments Right to Health recognized as fundamental right under Article 21. Legal commitments made in National Health Policy, 2017 for ensuring budgetary allocation. SDG-3 - Good Health and well being has been committed to by India.
Lack of explicit legal recognition (1) Budgetary constraints and commitments. (2) Lack of political will. (3) Private lobby of hospitals that are not under government. Way forward (1) Enhancing budgetary allocations. (2.5% target under NHP) 2017. (2) Strengthening networks on primary health centres. (3) Promoting AYUSH and along with allocating to reduce OoPE (Current 4.8/- NHA). "Health is the biggest property" - Buddha and hence must be promoted by the government.
Nausheen
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Right to Privacy and Article 21
Right to Privacy and Article 21
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