'Nerve Shocking': Rajasthan HC Takes Suo Motu Cognizance Of Deteriorating Health Services In State, Says Hospitals Can't Play With Lives

The Rajasthan High Court has taken suo motu cognizance of the deteriorating condition of public health care system including gross negligence on part of hospitals in the State and has called upon the Union as well as State Ministry to submit a report on effective steps being taken for improving the present health care system.

The bench of Justice Anoop Kumar Dhand opined that even though Fundamental Right to Health was not officially recognized by the Constitution of India, Right to Dignity which was included in the Right to Life under Article 21 extended to Right to Health and medical aid. Furthermore, various Articles in the Constitution were included as DPSPs like Article 38, 41 and 47 indicating Government's constitutional obligation to provide health care facilities to the general public at large.

“Right to health is an essential component of human dignity, and it is the responsibility of the government to ensure that this right is protected and promoted for all individuals who are citizens of the nation.”

The Court held that Right to Health was also recognized in the Yajur Veda as well as in Article 25 of the Universal Declaration of Human Rights.

In this background, the Court highlighted the professional obligation of Government hospital and any other medical institution to preserve life without any kind of discrimination and negligence, and pointed out that despite there being many health schemes and policies, the condition of health care system was deteriorating day by day.

The Court mentioned some news articles published in a daily Hindi Local that had reported instances of gross negligence of hospitals and medical staff putting people's lives in danger and opined that hospital administration and the staff could not be allowed to play with the human life in a casual and callous manner.

“It is the need of hour that the Government should now focus to improve its health care system and establish good number of hospital and Public Health Centres with better and adequate facilities in the interest of public at large. The present health care services and system is required to be renewed and improved.”

Hence, while taking note of the situation, the Court took suo motu cognizance to find solution of the problem faced by public at large and sought a report from the Centre as well as the State on effective steps being taken by the respective Governments for improving the present health care system.

Title: Suo Motu: In the Matter of Right to Health and Well Being of Everyone

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