Jurist India doctors continue protests against healthcare bill

[Dadparvar]

A large number of private doctors in the Indian state of Rajasthan Sunday continued their weeks-long protest against the recently passed Right to Health Bill. While the bill awaits the state governor’s assent, it has received great opposition, especially from private hospitals and healthcare enterprises.

The bill aims to increase access to healthcare, improve the quality of healthcare and places the onus on the government to maintain the state’s public health. However, a number of concerns regarding various rights have been raised. The key issues raised include:

There is no provision for reimbursing private health establishments for providing free healthcare services, potentially making these establishments commercially unviable which is a violation Article 19(1)(g) of Constitution of India.

The District Health Authority is required to upload an action taken report on the web portal for complaints. The bill does not specify who will have access to the report on the web portal, which may infringe on the patient’s right to privacy as well as creating privacy concerns for the health practitioners in question.

Implementing the right to health may increase the financial obligation of the state, with the bill not providing for any such additional costs.

India is a signatory to the Universal Declaration of Human Rights (UDHR) in which Article 25(1) states, “Everyone has the right to a standard of living adequate for the health and well-being.” In various judgments, such as Paschim v State of West Bengal, State of Punjab v Mohinder and Parmanand v Union of India, the Supreme Court of India has continually interpreted Article 21 (right to life and personal liberty) of the Constitution to include the right to health.

The protests first began on March 21. Concerns have been raised about the growing number of untreated patients in the state as a result of the ongoing strike.

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