Author: Aastha Choudhary, Assistant Professor from Faculty of Legal Studies and Research, Sai Nath University, Ranchi
Co-author: Snehil Raj, Assistant Professor from Faculty of Legal Studies and Research, Sai Nath University, Ranchi
Co-author: Akash Kumar Sinha, Assistant Professor from Faculty of Legal Studies and Research, Sai Nath University, Ranchi
Our health, and the health of others we care about, is a daily concern for us as humans. We see our health as one of our most fundamental and vital assets, regardless of our age, gender, or socioeconomic status. Nutrition, health, and education are the pillars of a country's progress. Human growth leads to socio-economic development; hence health is a critical aspect of a country's development. Since ancient times, India has acknowledged the right to health care and protection. One of the most fundamental human rights is the right to health. The right to health care is outlined in great detail in the many constitutions. The Indian Constitution of 1950 recognised certain provisions for the right to health, and the Supreme Court of India proclaimed the right to health to be a basic right under Article 21. The right to health and health care refers to the need to improve human life's health circumstances.
Notably, the Right to Health is made up of several components, which may be summarised as follows: the Right to proper and accurate health care, the Right to adequate and appropriate nutrition, and the Right to adequate and appropriate transportation. The right to enough water, food, shelter, and nutrition Right to reproductive, maternal, and child health care, as well as the right to receive all available information on how to improve one's health. Right to equitable involvement in health-related decision-making etc. In a nutshell, the right to health means that everyone has the right to the best possible health, including sanitation, food, clean drinking water, maternity and child health care, housing, and medical aid. Medical help means that hospitals, clinics, physicians, and medical services should be readily available and in excellent working order to anyone who requires them. Apart from fundamental rights, Directive Principles of State Policies contain certain aspects of the Right to Health intending to protect the general public. Because the health of its residents is a state topic, it is the state's responsibility to safeguard each citizen's health, making it a national asset. The main benefit of the healthcare system from the standpoint of the right to health is that it establishes an equal right to health and requires the state to provide and safeguard it.
As a result, health care is concerned with preventing, treating, and controlling illnesses, as well as maintaining an individual's mental and physical well-being. Even though this right is universally recognised, the scenario demonstrates that the healthcare system is inadequate. Lack of understanding, poverty, a lack of competent medical services, a lack of infrastructure, and other developing significant issues are all contributing to this ineffectiveness. Hence, the right to health care and protection is a crucial issue in Indian society.
On the other hand, the entire globe recently experienced a devastating virus, an unanticipated and large-scale health threat that afflicted the entire population. This deadly disease struck everyone in society, notably the healthcare system, without prejudice. It made us understand that the only way to deal with such a crisis is to have a "better health-care system". Pandemics always bring with them plenty of life-threatening complications. The Covid 19 outbreak brought up the same challenges, as well as additional ones in the public, administrative, and healthcare sectors. Despite high-risk exposure, healthcare personnel are working around the clock to safeguard residents, and they are being targeted by the virus owing to a lack of Personal Protection Equipment kits. Not only that, but the patients themselves are harassing them. Social, economic, psychiatric and many other factors are responsible for deteriorating the health of these frontline healthcare workers who are now being allegedly regarded as “Healthcare Warriors”.
Since this pandemic was such a wake-up call for the entire world, they raised several issues that need to be addressed, such as whether we have a proper healthcare system, infrastructure, financial stability, adequate medical services, human resources, and so on, so that our health-care system is prepared to face any challenges in the future.
While medical services in India are improving, there is still little impact on the country's growth. The major reason for this is the abundance of poverty in India, which leaves people without access to health care. India, as a big nation, has all the facilities, but the proper execution is lacking; thus, it is the responsibility of the private and public health care sectors, as well as NGOs, to coordinate and work together to improve the existing state of health care.
Also, the government must work on amending current laws so that outdated laws may be updated to reflect the current situation. Primary health care and emergency health care must be included in the right to health. The current healthcare services should be examined, and new ones should be created as a result. Along with this, to deal with the situation of a pandemic like Covid 19, there is a need for separate & exclusive independent oxygen plants in each hospital. Further, the Covid 19 crisis indicates that every hospital needs to set up a separate & isolated pandemic section, in case of emergency. It must be also understood that a piece of wrong information is enough to create a panic situation worsening the condition which leads to the loss of innocent lives. The role of media & government should act judiciously where information is the squad in the greater public interest. Lastly in such circumstances, the frontline workers must be designated & awarded proper remuneration for dealing with pandemic & here remuneration may include – proper monetary compensation, proper medical service in case of need, proper safety measures should be provided to them while dealing with such situations & proper employment opportunities.
The Conclusion can be reached by saying that strict implementation of rules has always been the most difficult task of the government machinery and hence by suggesting new rules, we are also suggesting for better implementation of those rules and it can be achieved by setting up a different department under the Ministry of Health to deal with such situations.