Rajasthan High Court: While taking suo moto cognizance based on two newspaper articles published in Rajasthan Patrika on 08-11-2024 and 10-11-2024 exposed severe negligence in the State healthcare system including improper dialysis procedures and lack of resources in hospital emergencies, against the Union of India and the State of Rajasthan, a single-judge bench of Anoop Kumar Dhand, J., issued the notice to respondents and emphasised on the urgent need for the government to enhance the healthcare system.
The main issue in the instant matter is whether the Right to Health is a fundamental aspect of human dignity and life and does the government have an obligation to uphold the right to health as part of the right to life under Article 21 of the Constitution of India.
The Court asserted that Health is essential for individual well-being and national progress, making it a fundamental right that enables the exercise of other human rights. The Court recognised the right to health as a fundamental component of human dignity, citing ancient scriptures (Yajur Veda) which underscored ancient values that stress the importance of health, harmony with nature, and protecting others as foundations of societal happiness and the Article 25 of the Universal Declaration of Human Rights which talks about the right to an adequate standard of living for health and well-being, including medical care.
Although the Constitution of India does not explicitly recognize a fundamental right to health, the Court interpreted the right to health as implicit in the Right to Life under Article 21. The Court also referred to Directive Principles in Articles 38, 39(e), 41, and 47, which obligate the State to safeguard public health and welfare, especially for marginalized groups.
The Court noted the declining healthcare standards in the State and the evident neglect in the administration of hospital facilities. The Court stated that hospitals and medical facilities are bound to protect human life and must make every effort to save lives without discrimination or negligence.
The Court initiated a suo motu cognizance against the Union of India and the State of Rajasthan to investigate and improve healthcare provisions. The Court issued notices to the Union and State governments, mandating a report within four weeks on the steps taken to address current deficiencies in healthcare systems. The Court appointed Mr. Ashish Saxena, Mr. R.D. Rastogi, Mr. Archit Bohra, and Mr. Tanveer Ahmad to assist with the case, ensuring that qualified legal counsel is involved in addressing the complex issues of healthcare rights and government accountability. The Court listed the matter before the appropriate bench to be reviewed on 11-12-2024.
[Right to Health and Well Being of Everyone, In Re, 2024 SCC OnLine Raj 3342, Decided on 11-11-2024]
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