What is Health?
Health is defined as a state of physical, mental, and social well-being, and an absence of illness and injury. India's population, as of 2018, stands at more than 135 crores, second only to China. A community this large makes it imperative that the health of the country is continuously monitored. Brought into stark focus by the COVID-19 pandemic, India's health and healthcare system became a significant debate and discussion topic. The legal aspects of health were also extensively argued upon.
Laws Related to Health
After Independence in 1947, the parliament witnessed several bills and acts in the health sector. There are requisites for practicing medicine for both medical personnel and hospitals. Medical professionals are liable to go under the court's speculative lenses if a procedure goes wrong and causes harm to someone.
Doctors who agree to perform sex-selective operations are also held criminally responsible under the Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2003, which makes it illegal to determine the sex of a fetus and perform sex-selective operations. Most of the bills and acts in the Indian parliamentary past have been ones that were interpreted under Article 21 of the Indian Constitution.
1) Article 21- Guaranteeing the protection of life and personal liberty to every citizen, Article 21 is probably the most popular and the most quoted legal stipulation related to health in our country. Article 21 applies to every person, regardless of gender, race, caste, class, profession, and religion. "No person shall be deprived of his life or personal liberty except according to procedure established by law."
India, to date, has not made healthcare a fundamental right. Additionally, there exists no law that ensures the health of every Indian citizen. It is also shocking that the Indian state has never spent more than 2% of its GDP on health and healthcare.
Health Initiatives
However, the Government of India has taken up several initiatives to assist the health sector of the country. The following are a few such programs.
1) Mission Indradhanush- It is a health mission by the Government of India that aims to attain 90% immunization of the country by providing vaccinations for those diseases that can be prevented through vaccines.
2) Programs for Communicable and Non-Communicable diseases- The Pulse Polio and the National Mental Health Programmes and several other initiatives, fall under this category.
3) Nutritional Programmes- Programmes such as the Integrated Child Development Services(ICDS) and Midday Meal Programme fall under this and aim to eradicate malnutrition and diet-related deficiencies.
4) Ayushman Bharat Yojana- This scheme aims to provide free healthcare access for 40% of the Indian population with Rs 5 lakh insurance to over 500 million Indians.
Privatization of Healthcare
The recent dialogues on the privatization of healthcare have raised questions in the minds of every Indian. Undoubtedly, this privatization would lead to a hike in healthcare expenditures. Drugs, procedures, tests, and hospitalization will be priced higher.
Both a state-sponsored and a privatized healthcare system have their drawbacks, the former was accused of inadequacy, and the latter criticized for being profit-oriented. The difference is that a social welfare-based healthcare system, in a country where one-fourth of its population falls under the poverty spectrum, assures some assistance to the underprivileged. In contrast, a privatized system ensures no assistance at all.