Right to Health in India: Significance & Challenges

• The National Convention on Health Rights, led by Jan Swasthya Abhiyan, reaffirmed the need for health care as a fundamental right. The convention was timed between Global Human Rights Day (December 10) and Universal Health Coverage Day (December 12).

About Right to Health

• The right to health was first articulated in the WHO Constitution (1946) which states that: “the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being.”
• The 1948 Universal Declaration of Human Rights mentioned health as part of the right to an adequate standard of living (article 25). It was again recognised as a human right in 1966 in the International Covenant on Economic, Social and Cultural Rights.

Significance of Right to Health in India

• Universal Access: Ensures basic care for vulnerable populations.
• System Accountability: Enforces quality norms and grievance systems; E.g., overcharging complaints rose by 30–40% in major cities.
• Reduced Financial Hardship: Decreases catastrophic spending; E.g. 63 million Indians fall into poverty annually due to medical bills (Lancet).
• Inclusive Health Systems: Addresses structural discrimination; E.g. NFHS data shows utilisation gaps of 10–20 percentage points between marginalised and general groups.

Challenges Faced in Implementation

• Rapid Privatisation: Private sector now accounts for ~70% of India’s healthcare market by value.
• Chronic Underfunding: Insufficient resources for primary care; E.g. India invests only 1.28% of GDP in public health vs the WHO-recommended 5%.
• Weak Regulation: Poor enforcement of the Clinical Establishments Act; E.g. some states have registered less than 30% of private facilities.
• Persistent Inequities: Social hierarchies affect access; E.g. institutional delivery among Adivasis remains 10–15% lower than the national average.

Current Affairs

Way Forward

• Strengthen Public Financing: Raise spending toward 2.5% of GDP to support universal, quality care.
• Affordable Medicines: Replicate the Tamil Nadu Medical Services Corporation (TNMSC) model for low-cost essential drugs, which reduced drug costs by 30–40% in state hospitals.
• Decentralised Governance: Empower Village Health, Sanitation and Nutrition Committees (VHSNCs) to improve immunisation and maternal care uptake in high-focus districts.
• Public-Provisioned UHC: Build Universal Health Coverage (UHC) on strengthened government infrastructure rather than only insurance; E.g. Kerala’s primary care model
• Workforce Justice: Guarantee timely payments, social security and career pathways for ASHAs, nurses and paramedical staff.

“Health is not charity, it is justice”. India must move from welfare to rights-based care as 63 million fall into poverty annually due to medical bills. As M. K. Gandhi reminded us, “The true measure of any society is how it treats its weakest members,” making the Right to Health a constitutional & moral imperative.

Reference: The Hindu

PMF IAS Pathfinder for Mains – Question 458

Q. India’s high out-of-pocket health expenditure reflects deeper governance and financing failures. Analyse how public health system reforms can realise the Right to Health under Article 21 without unsustainable public spending. (150 Words) (10 Marks)

Approach

• Introduction: Write a brief introduction about the public health system.
• Body: Analyse how high OOP reflects deeper governance and financing failures, and how public health reforms to realise the right to health (article 21) without unsustainable spending.
• Conclusion: Emphasis on an integrated and inclusive approach for Realising Article 21’s Right to Health.