We need to note that while rising for the cause of the health of the public, the Single Judge Bench of the Jaipur Bench of Rajasthan High Court at Jodhpur comprising of Hon’ble Mr Justice Anoop Kumar Dhand in a most learned, laudable, landmark, logical and latest judgment titled IN RE: Right to Health and Well Being of Everyone that was pronounced as recently as on 11.11.2024 while taking suo motu cognizance of the failing public healthcare system in the State of Rajasthan has called for the renewal and improve of the same. We all have heard of the old famous adage that:
Health is Wealth. On a personal note, I very strongly feel that health is paramount in our life which cannot have any substitute and one can truly enjoy life if one is healthy even if he/she is not financially strong. It cannot be ever denied that a person cannot truly enjoy life if his/her health is failing as it will not permit to enjoy which is an indubitable and irrefutable fact in a person’s life.
We need to also note that the Bench also did not lose the opportunity to flag the loss of human life in large numbers due to the negligence on the part of the hospital, staff and Government’s poor administration. Interestingly enough, the Bench also deemed it fit to summon report from the Secretary, Ministry of Medical Health, Government of India, New Delhi and the Chief Secretary of the State of Rajasthan about the ongoing effective steps that were being taken by the Centre as well as the State Government for improving the present health care system. What must attract maximum attention of our eyeballs and nerves of our brains is that the Bench minced just no words to say in no uncertain terms most unequivocally that:
The Government has a Constitutional obligation to provide health facilities to the general public at large. The hospital administration and the staff posted there cannot be allowed to play with the humane life in such a casual manner and callous. No human should lose his life due to negligence on the part of the hospital, staff and Government’s poor administration. Absolutely right!
It also ought to be noted that the Bench was most forthright to unambiguously underscore that the right to health is an essential component of human dignity and so it is ostensibly a no-brainer that the primary responsibility of the government to ensure that this right is protected and promoted for all the individuals who are citizens of the nation. There can be thus no gainsaying that the earlier the government of the day realizes this and start working on a war footing on this, the better it shall be in the interests of the citizens of this great nation! There is absolutely just no point in spending billions and billions of rupees on temples or mosques or churches or gurudwaras if the health of an ordinary citizen is not good and it is the government of the day which must always bear this undeniable fact in mind always while working for the people who gave them the mandate by electing them! There can be just no denying or disputing it!
At the very outset, this brief, brilliant, bold and balanced judgment authored by the Single Judge Bench comprising of Hon’ble Mr Justice Anoop Kumar Dhand sets the ball in motion by first and foremost in para 1 while underscoring the paramount importance of health and the onerous responsibility of the government of the day to rise up to protect the health of citizens putting forth that, 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.
Most strikingly, while reminding all the Indians of its glorious past and the importance that is accorded to health even in our traditional texts thousands of years ago postulates in para 2 stating that:
Right to health is inherent to right to life and it has been recognised even in YAJUR VEDA: the first ‘mantra’ of Yajur Veda reads as under:-
Ishe tvoarjey twaa vaayavastha devo vah savitaa praarpayatu shreshthatamaaya karmana aapyaadwarmaghnyaa indraaya bhaagam prajaapatiranameevaa ayakshmaa maa vahstena
eeshata maaghashanso dhruvaa asmin gopathau
syaata bahveeryajamaanasya pashoon paahi.
The mantra tells at the outset, about the various types of actions that man must undertake to bring happiness to the world. It says that the vital airs, the winds, the etherial elements (vaayavah) may be harnessed for food (ishe), the food which may give energy and vitality (oorjey). May the God Savitaa, the producer of precious gifts and the great inspirer of men and other beings, help the people to engage themselves in the best deeds (shreshthatamaaya karmana). The sense organs, and also all living beings (Aghnyaah) are fit to be protected and properly maintained, for, our own happiness depends upon them. We must keep ourselves free from the wasting disease (anameevah), we must save ourselves from the thieves (stenah) i.e., robbers and cheats, we must also keep ourselves away from the (aghashansah) people who directly or indirectly, actively or passively support the sinners and their sinful activities. The children, the servants as well as other dependents of a house-holder, also have to be protected against all sorts of dangers (Yajamaanasya pashoon paahi).
This gives us a general idea about the contents of the Yajur Veda. The first and the foremost concern of the living beings is food. Animals eat food for their own survival. They are not concerned about the survival of others.
But human beings cannot afford to neglect the survival of others. They must be always conscious about their environment. They must also take care of the ecological balance. These are necessary for their own survival and happiness. Men must also be able to produce food by harnessing the natural resources. They must take special care of their own health. Their happiness depends upon it. Men must also protect themselves from wasting disease. Or else their life may become miserable.
Broadly speaking, while referring even to global standards, the Bench makes it a pertinent point to state emphatically in para 3 propounding that:
As per Article 25 of the Universal Declaration of Human Rights, everyone has the right to a standard of living, adequate for the health and well-being of himself and of his family including food, clothing, housing & medical care and necessary social services.
Needless to say, the Bench while underscoring the paramount importance of health in our regular life states in para 4 that:
Health is an essential pre-requisites for human beings and plays a vital role in national development. The Right to health is an essential right, without which one cannot exercise its basic human rights.
Most remarkably, the Bench expounds in para 5 most unequivocally pointing out explicitly that:
The Fundamental Right to Health is not officially recognized by the Constitution of India, but the Fundamental Right to Life and Personal Liberty is guaranteed under Article 21 of the Constitution of India. It includes Right to Human Dignity which extends to Right to Health and medical aid. In this Article Life refers to a humane life, and not just a life of survival or animal existence. It covers rights things like the right to a better standard of living.
It is worth noting that the Bench while pointing out the relevant provisions envisaged in our Constitution on the public health notes in para 6 that:
The Indian Constitution contains a numerous provisions that address public health. To safeguard common man’s health, the framers of the Constitution included the Directive Principles of the State Policy. Article 38 imposes a liability on the State that it should secure a social order for promotion of welfare of the people, but without public health, we cannot achieve it. Article 39 (e) of the Constitution of India is related to worker to protect their health. Similarly, Article 41 imposes are duty on the State to provide public assistance to those who are of old age, sick and disabled. Article 47 imposes a duty on the State to improve public health.
Most significantly, the Bench encapsulates in para 7 what constitutes the cornerstone of this notable judgment mandating that:
Right to Health is an integral part of Right to Life which is fundamental for all human beings, under Article 21 of the Constitution of India. Article 21 of the Constitution of India deals with the provision of protection of life and personal liberty and it says that no person shall be deprived of his life or personal liberty except according to the procedure established by law. The right to life means something more than mere animal existence and it includes the right to life consistently, with human dignity and decency.
Most forthrightly, the Bench propounds in para 9 observing that:
It is the duty of State to provide effective mechanism for the welfare of the public at large. In spite of various health schemes and policies, the condition of health care system is deteriorating day by day beyond the control of State and hospital administration.
Be it noted, the Bench notes in para 10 that:
Recently two news items have been published in a daily newspaper Rajasthan Patrika on 08.11.2024 and 10.11.2024 with the following two titles:
- Ye Kaisi Andekhi: Gandghi or Untrend Hathon Main Dialysis, Khule Pani Se Saaf Kar Rahe Khoon (08.11.2024) and
- Haal-e-Aspataal: Mukhya Dwaar Se Trolly Gayab, Emergency Mai Bed Nahi, Kuch Hi Deer Mai Toota Dum (10.11.2024).
The above nerve shocking news items are reflecting the real picture of the gross negligence on the part of the various hospital administration.
The cuttings of these two news items are marked as Annexure C1 and C2.
It cannot be lost sight of that the Bench points out in para 11 most explicitly that:
The Government has a constitutional obligation to provide health facilities to the general public at large. The hospital administration and the staff posted there cannot be allowed to play with the humane life in such a casual manner and callous. No human should lose his life due to negligence on the part of the hospital, staff and Government’s poor administration.
It would be worthwhile to note that the Bench in para 12 observes pointedly that:
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 Centre’s 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.
It would be of immense significance to note that the Bench notes in para 13 that:
Taking a serious note of the current situations existing in the state, a Suo Motu cognizance is taken to find the solution of the existing problem faced by the general public at large. Let this petition is registered as:-
Suo Motu: In the Matter of Right to Health and Well Being of Everyone.
Versus
- Union of India through Secretary, Ministry of Medical and Health, New Delhi.
- State of Rajasthan through Chief Secretary, Government of Rajasthan Secretariat, Jaipur.
- Additional Chief Secretary, Department of Medical and Health, Jaipur.
- Director, Department of Medical and Health, Jaipur.
Going ahead, the Bench directs in para 14 holding that:
Issue notice to the respondents. Rule is made returnable by four weeks.
Further, the Bench urges in para 16 that:
The Court requests Mr. Ashish Saxena and Mr. RD Rastogi, Additional Solicitor General, Union of India, Mr. Archit Bohra, Additional Government Counsel and Mr. Tanveer Ahamad to assist this Court on the issue involved in this petition. Names of the respective counsel and their associates be reflected in the cause list.
In addition, the Bench directs in para 17 stating that:
Let a copy of this order be sent in the office of Secretary, Ministry of Medical and Health, New Delhi; Chief Secretary, Government of Rajasthan, Jaipur and respective counsels for their information and necessary compliance.
Finally, the Bench then concludes by directing in para 18 holding that:
Office is directed to list this matter before the appropriate Bench on 11.12.2024.
In conclusion, it is an irrefutable fact that the right to health is inherent to right to life as held so very commendably, cogently and convincingly by the Single Judge Jaipur Bench of Rajasthan High Court in this leading case. It is most commendable to note that the Bench very rightly stepped forward on its own in taking suo motu cognizance of failing public health care system in State and has called for renewal and improval of the same which must certainly without fail be taken to its logical conclusion by the government of the day as directed in this leading case! It is high time and Centre must definitely now without wasting any more time amend Constitution in Parliament as early as possible by bringing consensus among all the Members of Parliament to insert the right to health as a fundamental right for the citizens of India instead of trying to force through controversial laws like the Waqf (Amendment) Bill which generates a lot of unrest among a huge section of the society! No denying!
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh
