Right to Health is fundamental right under Article 21 of the Indian Constituion, pronounced in various court judgments of high courts including the Supreme Court of India. State of Rajasthan taken the lead and enacted seperate Act for realisation of right to helath.
Various ongoing Public Interest Litigations are pending final adjudication, Bombay High Court, Delhi High Court, Karnataka High Court, Chattishgarh High Court, etc.
There is need to create awareness among public to come forward and ask for their rights. Economic development of any country depends on healthy workforce, which is not possible without investing in health infrastructure and manpower.
In India, where healthcare disparities are significant and access to quality healthcare is not uniform, legal recourse becomes crucial in ensuring that everyone receives the healthcare they deserve.
WHY THERE IS NEED FOR LEGAL RECOURSE (PIL/WP) FOR QUALITY OF HEALTHCARE SERVICES IN INDIA?
The need for legal recourse, such as Public Interest Litigation (PIL) or Writ Petitions (WP), for quality of healthcare services in India arises due to several critical factors:
1. Right to Health as a Fundamental Right: The Indian Constitution, under Article 21, guarantees the right to life, which has been interpreted by the Supreme Court to include the right to health. However, this right often requires reinforcement through legal avenues to ensure its implementation.
2. Deficiencies in Healthcare Services: There are significant gaps in the quality and availability of healthcare services across India. Issues include inadequate infrastructure, shortage of medical professionals, insufficient funding, and poor management of healthcare facilities. Legal intervention can address these deficiencies and ensure that citizens receive the healthcare services they are entitled to.
3. Accountability and Transparency: The healthcare system in India suffers from a lack of accountability and transparency. PILs and WPs can compel authorities to disclose information, improve service standards, and take corrective actions where necessary. Legal recourse ensures that healthcare providers and administrators are held accountable for lapses and negligence.
4. Protection of Vulnerable Populations: Marginalized and vulnerable populations, such as the poor, elderly, and rural communities, often face significant barriers in accessing quality healthcare. Legal actions can help protect their rights by mandating equitable distribution of healthcare resources and services.
5. Policy Implementation and Enforcement: While there are various health policies and programs in place, their implementation is often inconsistent and inefficient. PILs and WPs can be used to push for the effective enforcement of these policies, ensuring that the intended benefits reach the target population.
6. Judicial Oversight and Remedies: The judiciary has the power to oversee and remedy deficiencies in the healthcare system. Through legal proceedings, courts can direct government authorities to improve healthcare infrastructure, increase funding, and implement systemic changes to enhance the overall quality of healthcare services.
7. Precedent Setting:Legal decisions and directives in response to PILs and WPs set important precedents that can lead to long-term improvements in healthcare services. These precedents can guide future policy-making and administrative actions to ensure sustained quality in healthcare.
8. Awareness and Advocacy: Legal recourse raises public awareness about issues in the healthcare system and mobilizes civil society to advocate for better services. It empowers citizens to demand their rights and facilitates a participatory approach to healthcare governance.
9. Addressing Corruption and Mismanagement: Corruption and mismanagement are pervasive problems in the healthcare sector. Legal interventions can expose and address corrupt practices, ensuring that resources are used effectively and services are delivered efficiently.
Conclusion
Legal recourse through PILs and WPs is essential for ensuring the quality of healthcare services in India. It serves as a powerful tool to uphold constitutional rights, enforce accountability, and drive systemic reforms in the healthcare sector. By addressing the root causes of healthcare deficiencies and advocating for the rights of all citizens, legal actions contribute to the creation of a more equitable and effective healthcare system.
DR.B.K. YADAV
Associate Professor
Gitarattan International Business School
It is very true that pendency of cases in Indian court is huge.
CIVIL CASES:10953135
CRIMINAL CASES:34179466
TOTAL CASES:45132601 as per the NJDG
National Judicial Data Grid (District and Taluka Courts of India)
CJI U U LALIT HAS DONE EXCELLENT WORK IN THIS REGAD.The supreme court began live streaming constitutional bench proceedings under his tenure. By the end of his tenure, the supreme court disposed of 10,000 cases while 8,700 cases were freshly filed which had resulted in a slight decrease in the pendency of cases and the court had set up 6 constitution benches.
PARA LEGAL VOLUNTERS are doing wonder full jobs to spread awareness.
still we need more focus on this issues.
- Badges
- Science topic
- Similar topics
- Engineering
- Control Theory