Republic Day 2021: Here is what you need to know about your right to healthcare

The 26th of January, every year, is observed as the Republic Day in India. 26th January 2021, marks the 72nd Republic Day of the country. This was the day in 1950 when the Constitution of India was enforced, granting the people of the country certain rights, and a list of duties they must follow as citizens of the country. One right, however, that remains of utmost importance this year, when the world has struggled with the COVID-19 pandemic, is the right to healthcare.

The right to healthcare, specifically, is not a part of the fundamental rights listed in the constitution of India. However, this in no way means that the constitution of India does not safeguard the interests of its citizens when it comes to healthcare.

The Constitution of India on the right to health care

The Constitution of India incorporates provisions to ensure that everyone is entitled to attainable standards of physical and mental health. According to article 21 of the Constitution, every person has a guarantee of protection of life, and personal liberty – which ensures that people stay safe and sound. According to a study, the Supreme Court of India has also said that the right to live with human dignity, derived from directive principles of state policy also includes the protection of health, as something the state must ensure for its citizens. Further, it has also been held that the right to health is integral to the right to life and the government has a constitutional obligation to provide health facilities.

Furthermore, based on various verdicts given by the apex court of the country, failure of a government hospital to provide a patient with timely medical treatment results in the violation of the patient’s right to life. The court also says that states are liable to maintain healthy standards of living.

Public interest litigations, citing article 21 of the Indian Constitution have also been filed in response to violations of the right to health. These include pollution hazards, drug hazards, inhuman conditions in after-care homes, on the health rights of mentally-ill patients, on patients in cataract surgery camps, and many others.

Exercising your rights, but following your duties

While exercising your right to healthcare is absolutely correct, we must not forget that we also have duties towards the country and the general public. For instance, when one person smokes in public, they encroach upon another person’s right to health, as they are making them smoke passively. Similarly, when one person litters and causes unhygienic conditions, it leads to the whole community facing the consequences of it, in terms of the diseases it attracts. While one should consciously exercise their rights, they should also ensure they are dutiful, and try to move towards a healthier world, overall.