Health Laws in India: A Legal & Judicial Analysis

The Globalization has a lot of hurdles on the health prospects, with all this health sectors have various good opportunities with only few risks. Current hurdle in the health sector is work in a minimum benefit with maximum serve in this globalization. With the main object is to work for the benefits of the human being and protect their human rights, fundamental rights and all other rights.

All these are basically possible with the help of States organizations. With the positive cooperation of state, we can solve the hurdles. By enforcement of better health policies, effective legislations we can benefits societies. Health sector also deals with the proper protection of environment, by proper disposing of medical waste materials.

From Health education to Health services everything is under the control and supervision of Legislative frameworks in India. Positively, India becomes a rising health hub for the various countries due to its rich facilities and cheapest services.

Basics Of The Indian Legal System

INTRODUCTION

India is a country of superrich health facilities. From Vedic era to modern era, Indian doctors are famous for their medical services. Homeopathy, Ayurveda, Yunani and Allopathy on all aspect Indian medical facilities are superb. There is no compare with other countries, regarding the health services. In the digital era, India again proves itself by using the high-tech medical facilities to cure all kinds of diseases with a minimum coast. Not only for medical facilities, India now become a great place for medical research.

‘Medi-tourism’ or ‘Medical tourism’ is a new profession trends arises in India within few two decades. In recent days India witnessed for the issuance of highest numbers of ‘Medical Visas’. Tele-medicine also a emerging sector of healthcare in India.

Indian health care is now adopting ‘Artificial Intelligence’ to cure diseases. Tele health, Tele Medicines, Robotic- surgeries many more are the new dimensions in the Indian Health care systems generated in recent year.

Finance Minister also focuses health sector, and increases 20% more budget for health & medicines.

Exploring Health Laws in India: An In-Depth Legal and Judicial Analysis

HEALTHCARE LAWS

Various laws have been made by Indian Government to protect the right to health of people. This right includes improvement of all aspect of environment; working conditions and industrial hygiene; prevention and control of occupational, epidemic and other diseases.

Every Law is framed with its unique objects some of them are as follows: –

1. MRTP Act for the control abortion system in India;
2. Pharmacy Act deals with the pharma Industries to pharma education & research
3. For welfare of mother and child there is maternity law;
4. To avoid sex determination there is a law
5. Adulterous food is also penalized by law
6. Health services also comes under the ambit of Consumer laws
7. Every organization and factories are strictly bound to provide medical facilities to their workers
8. Environment also part of health care under the laws
9. Human organs also protected by the laws
10. Mental health care is protected by the laws
11. Not only human being medicines are the part of health care system

Above are the only few, list is very big. Parliament to judiciary every institution in India is playing its role to protect Indian human being.

JUDICIARY ON HEALTH CARE

Physical health to mental healthcare, all is the part of the Indian health care system. Every Institution of Indian Government is responsible to take care of the Humanity by performing their duties honestly.

Indian Constitution is the watchdog to protect the health rights of Indian citizens in India. Various precedents are setting that Indian Constitution ‘s ‘Right to life’ is includes the ‘Right to health’.

Arts. 14, 15,16, 20,21, 23 and 24 are the fundamental rights are covered by the Constitution of India. Arts. 38,39, 40, 41,42, 47,48-A are the part of Directive Principles of State policies to impose duties on the state to prepare a strict framework for every citizen of India.

We are duty bound under the Art. 51-A (g), ‘to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.

Indian Judiciary also set various principles to protect the humanity by protecting the rights of the human being. There are certain rights are mention below, which are protected by the Indian Judiciary; –

• Right to Life- Every human being has right to life. Not only life have right to live with human dignity.
• Right to Medical Aid- It’s the duty of state to provide medical aids to their citizen who are not capable to avail the medical facilities.
• Welfare of People- It’s the duty of state to work for the welfare of peoples by providing them free of coast medical facilities.
• Maintenance & Improvement of Public Health- Indian Constitution is imposing duties to the state to improve the medical facilities to improve the health of public.
• Integral Factors of a Meaningful Right to Life- Under the consumer law medical facilities are also covered and its duty of all to protect other health too.
• Right to life includes Protection of life- Under the Constitution of India, right to life includes protection of human health.
• Environment also part of health- Constitution of India also ensure the right to environment with the health law.
• Healthy body & mind- All the human activities are the reasons of the good health & mental wellness.
• Accidental person also right to treatment- Supreme Court mention in the case of Parmanand that every person who get accident have also right of treatment without any delay.
• Right to health a Fundamental Right- As relied on various International Instruments, right to health is a fundamental right as well as a human right.

Primary health care centers are the legal right of villagers just like multi facilities hospitals in the urban areas. Not only the health of peoples is protected by the state, its duty of state also to protect the health of workers.

Enhancing Access to Justice: Legal Aid and the Implications of the Legal Aid

 Conclusion & Suggestions

In India healthcare is the part of fundamental rights, it’s also protected and cured by the states and as a fundamental duty, it must be protected. But now a days, medical facilities become the part of corruption. Medical hospitals converted into medical death chambers and doctors & medical facility providers known as medical terrorists.

Not only state is responsible for all these, we peoples also are the equally responsible for this.

Reasons why one may choose to pursue a career in law

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References of Law Act:

From

Dr. Anjali Dixit, Associate Professor

School of Law

Lingaya’s Vidyapeeth