14 May 2025: The Hindu Editorial Analysis

The Constitutional Backdrop

• Although Article 21 (Right to Life) has been judicially interpreted to include the Right to Health, it is not explicitly recognized in the Constitution.

• India lacks national-level legislation to enforce health as a legal right, unlike the Right to Education under Article 21A.

Global Comparison

• Countries such as Brazil and South Africa have legislated health rights that empower citizens to hold governments accountable.

• In India, access and affordability vary across socio-economic groups and geographies, resulting in widespread inequality.

State-Level Initiatives

• Rajasthan introduced a Right to Health Act (2023), but it faced resistance from private healthcare providers due to financial and operational burdens.

• Most other states have not replicated similar initiatives, leading to fragmented public health protection.

Challenges to Implementation

• Public health is a State Subject under the 7th Schedule, complicating uniform national enforcement.

• The healthcare infrastructure is uneven, especially in rural areas, where primary health centers are under-equipped.

• The lack of a health cadre and trained professionals further impedes service delivery.

Way Forward:

• Introduce central legislation establishing a justiciable Right to Health, with clear state and central obligations.

• Ensure minimum public health standards across states via a regulatory framework.

• Increase budgetary allocation to health (currently ~2% of GDP) and invest in primary healthcare and preventive systems.

• Foster public-private partnerships that are transparent and equitable in cost-sharing.