The Constitution of India is the supreme law, which
governs the country and aims to secure social, economic and political justice
for all citizens of the country. It does so through a framework of political
principles, procedures, and practices and by defining rights, powers and duties
of the government.
One of the most important fundamental rights is
health, a basic need for all.
Although, right to health is not included as a
fundamental right in the Constitution, it provides for health under various
articles.
Article 14 “Equality before law” states: “The State
shall not deny to any person equality before the law or the equal protection of
the laws within the territory of India Prohibition of discrimination on grounds
of religion, race, caste, sex or place of birth.”
Article 15 prohibits discrimination on grounds of
religion, race, caste, sex or place of birth.
Perhaps the most important is Article 21, which provides for protection
of life and personal liberty and states “No person shall be deprived of his
life or personal liberty except according to procedure established by law.”
Article 41 imposes a duty upon the state to provide
public assistance in cases of unemployment, old age, sickness and
disablement within
the limits of its economic capacity and development…
Article 47 makes it the primary duty of the state
to raise the level of
nutrition and the standard of living and to improve public health.
Article 39 it states that “the state should ensure that
the health and strength of workers, men and women, and the tender age of
children are not abused” (e) and that “children are given opportunities and
facilities to develop in a healthy manner and in conditions of freedom and
dignity and that childhood and youth are protected against exploitation and
against moral and material abandonment” (f).
If a person needs an urgent operation or a life-saving
medicine, but has no money to pay for it; he/she or a member of the family may
be tempted to sell their kidney to obtain money. This promotes illegal organ
trade. Article 39 of the
Constitution protects
from exploitation in such situations.
The government has the power to bring such
procedures or drugs under the Essential Commodities Act, 1955 similar to what
it has done for essential drugs. This way the govt. can cap the treatment costs
including hospitalization costs.
Twenty percent (or any other number) of beds in all
hospitals can be reserved for people under Ayushman Bharat, which provides for
secondary and tertiary care for more than 10 crore families by providing health
insurance coverage up to 5 lakh rupees per family per year.
This will ensure that all NLEM drugs and even those
not included in the essential list and facilities will now be available to
those who earlier did not have enough money or could not find enough money for
treatment.
Accessible and affordable treatment means timely
treatment, improved patient outcomes, better quality of life and more patient
satisfaction.
Dr KK
Aggarwal
Padma Shri Awardee
President
Elect Confederation of Medical Associations in Asia and Oceania (CMAAO)
Group Editor-in-Chief IJCP
Publications
President Heart Care
Foundation of India
Immediate
Past National President IMA
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