Right to Health in India

Right to Health in India

Context

The National Convention on Health Rights (Dec 11–12, 2025) is being held in New Delhi to discuss India’s major public health challenges. The event focuses on strengthening the right to health, regulating privatisation, improving public spending, ensuring equity, and learning from the COVID-19 experience.

What is the National Convention on Health Rights?

  1. A national platform bringing together health professionals, activists, and community leaders from over 20 States.
  2. Organised by Jan Swasthya Abhiyan (People’s Health Movement – India), which has worked for 25 years on pro-people health policies.
  3. Aims to address issues such as privatisation, weak regulation, inequity, and high out-of-pocket expenditure.
  4. Focuses on universal health care, patient rights, and strengthening public health systems.
  5. Seeks to shape an agenda where health is recognised as a basic human right.

Why is the right to health important?

  1. Over 80 crore Indians depend on public health services, making public system strengthening essential.
  2. India has low public spending on health (2% of Union Budget), leading to poor infrastructure and high financial burden.
  3. Rapid privatisation without proper regulation increases unaffordable care, overcharging, and exploitation.
  4. Frontline health workers face low wages and insecure jobs, affecting system performance.
  5. Persistent social discrimination denies equal access to marginalised groups — Dalits, Adivasis, minorities, LGBTQ+ persons, and persons with disabilities.

How is this convention addressing these issues?

  1. Civil society is advocating for stronger laws, better regulation of private hospitals, and enforcement of patient rights.
  2. The convention proposes rate standardisation, transparent pricing, and grievance redress systems.
  3. Discussions emphasise public financing models to reduce out-of-pocket expenses and reform insurance-based schemes.
  4. Sessions on medicines highlight measures such as removal of GST, regulation of irrational drugs, and boosting public-sector manufacturing.
  5. Community-led models and decentralised planning are being promoted for revitalising public health systems.

Important Aspects

  1. Privatisation Trend: Expansion of PPPs and handover of medical colleges to private entities may weaken public health capacity.
  2. Regulatory Gaps: The Clinical Establishments Act (2010) is poorly implemented, allowing overuse of C-sections and unethical pricing.
  3. Financial Vulnerability: Out-of-pocket expenditure remains high due to medicines being outside price control.
  4. Health Workforce Issues: Lack of social security, low salaries, and poor working conditions reduce system resilience.
  5. Social Determinants: Food security, pollution, and climate change directly influence health outcomes.

Implications

  1. Without stronger public systems, India risks deepening health inequity.
  2. Excessive privatisation may increase commercialisation of essential services, undermining affordability.
  3. Poor regulation reduces patient safety and trust in health systems.
  4. Strengthened public investment can help India progress toward Universal Health Coverage.
  5. Addressing social justice issues supports an inclusive, rights-based health system.

Challenges and Way Forward

ChallengesWay Forward
Low public health spending and reliance on insurance schemes.Increase government expenditure and prioritise primary healthcare.
Unregulated private sector and frequent overcharging.Enforce Clinical Establishments Act, standardise rates, ensure transparency.
High cost of medicines and irrational drug practices.Expand price control, remove GST on essential drugs, boost public manufacturing.
Poor working conditions for health workers.Ensure permanent jobs, better wages, social security, and safe workplaces.
Social discrimination affecting access.Embed inclusion policies, empower marginalised groups, decentralised community monitoring.
Weak grievance redress and patient rights mechanisms.Strengthen patient rights charter, accessible complaint systems, and legal accountability.

Conclusion

India’s health system requires structural reforms that strengthen public institutions, regulate the private sector, and ensure equity. Recognising health as a fundamental right and investing in resilient public systems are essential for universal, affordable, and rights-based health care. The convention provides momentum for transforming health governance to place people, not profits, at the centre.

EnsureIAS Mains Question

Q. Discuss the key structural challenges facing India’s public health system. How can stronger regulation, increased public financing, and community-led governance support the realisation of the right to health? (250 Words)

 

EnsureIAS Prelims Question

Q. With reference to public health governance in India, consider the following statements:

1.     More than 80% of medicines in India fall outside price control.

2.     India allocates around 2% of the Union Budget to the health sector.

3.     The Clinical Establishments Act, 2010 is uniformly implemented across all Indian States.

4.     Out-of-pocket expenditure in India is driven mainly by spending on medicines.

Which of the statements given above are correct?

 (a) 1, 2 and 4 only
 (b) 1 and 3 only
 (c) 2 and 4 only
 (d) 1, 2, 3 and 4

Answer: (a) 1, 2 and 4 only

Explanation:

Statement 1 is correct: Around 80% of medicines in India remain outside price control, contributing to high household expenditure.
Statement 2 is correct: India’s public spending on health is about 2% of the Union Budget, which is among the lowest globally.
Statement 3 is incorrect: The Clinical Establishments Act is not implemented uniformly; several States have not adopted it.
Statement 4 is correct: Medicines form nearly half of total out-of-pocket spending, making them the largest cost component.

 

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