Right To Health Inherent To Right To Life: Rajasthan HC Takes Suo-Moto Cognizance Of Failing Public Healthcare System In State

The Rajasthan High Court has taken Suo-moto cognizance of the failing public healthcare system in the State calling for renewal and improval of the same.

The Court flagged loss of human life due to negligence on the part of the hospital, staff and Government's poor administration and summoned report from the Secretary, Ministry of Medical Heath, Government of India, New Delhi and the Chief Secretary of the State of Rajasthan about the ongoing effective steps being taken by the Centre as well as the State Government, for improving the present health care system.

The single-bench of Justice Anoop Kumar Dhand observed, "The Government has a constitutional obligation to provide health facilities to the general public at large. The hospital administration and the staff posted there cannot be allowed to play with the humane life in such a casual manner and callous. No human should lose his life due to negligence on the part of the hospital, staff and Government's poor administration."

The Court stressed that the Right to Health is an essential component of human dignity, and it is the responsibility of the government to ensure that this right is protected and promoted for all individuals who are citizens of the nation.

Right to Health being an inherent right to life has been recognized even in “YAJUR VEDA” and under Article 25 of the Universal Declaration of Human Rights, the court pointed out and observed, "Health is an essential pre-requisites for human beings and plays a vital role in national development. The Right to health is an essential right, without which one cannot exercise its basic human rights."

The Court then went on to highlight how the Indian Constitution provides for Right to Health inherently. 

"The Fundamental Right to Health is not officially recognized by the Constitution of India, but the Fundamental Right to Life and Personal Liberty is guaranteed under Article 21 of the Constitution of India. It includes Right to Human Dignity which extends to Right to Health and medical aid. In this Article "Life" refers to a humane life, and not just a life of survival or animal existence. It covers rights things like the right to a better standard of living," the court observed.

"Right to Health is an integral part of Right to Life which is fundamental for all human beings, under Article 21 of the Constitution of India. Article 21 of the Constitution of India deals with the provision of protection of life and personal liberty and it says that no person shall be deprived of his life or personal liberty except according to the procedure established by law. The right to life means something more than mere animal existence and it includes the right to life consistently, with human dignity and decency," it added.

The Court strictly stated that it is the duty of State to provide effective mechanism for the welfare of the public at large, however, in spite of various health schemes and policies, the condition of health care system is deteriorating day by day beyond the control of State and hospital administration.

It mentioned two "nerve shocking news items" which the court said have reflected the real picture of the gross negligence on the part of the various hospital administration.

"It is the need of hour that the Government should now focus to improve its health care system and establish good number of hospital and Public Health Centres with better and adequate facilities in the interest of public at large. The present health care services and system is required to be renewed and improved," the court stated while asking the government to find a solution of the existing problem faced by the general public at large.

Cause Title: IN RE: Right to Health and Well Being of Everyone vs. Union of India

Click here to read/ download the order: