Doctors across the country are protesting the Right To Health Bill in Rajasthan. This is why

This includes ensuring access to affordable healthcare services and facilities, and promoting healthy living conditions and behaviours.

Rajasthan’s Right to Health Bill

This law has now become a talking point as the Rajasthan government becomes the first in the country to provide the Right To Health to its citizens. There are a total of 20 rights mentioned in the Bill.

But there is a catch. According to the provisions of the Rajasthan Right to Health Bill, 2022, every resident would have the right to emergency treatment and care “without prepayment” at any “public health institution, healthcare establishment, and designated healthcare centres”.

The doctors are protesting against just this point, which is inscribed in Section 3(c) of the Bill.

It states:

“to have emergency treatment and care under any emergent circumstances, without prepayment of requisite fee or charges including prompt and necessary emergency medical treatment and critical care, emergency obstetric treatment and care, by any health care provider, establishment or facility, including private provider, establishment or facility, qualified to provide such care or treatment without delay and in a case of medico-legal nature of case, no health care provider or health care establishment shall delay treatment merely on the grounds of receiving police clearance or a police report”

Protesting against the Bill

IMA National President Dr Sharad Kumar Agarwal, in a statement, said that the Right To Health Bill is an anti-people bill.

“Right to Health is definitely a right for the poor and for the citizens of the country, and the state government has the responsibility to full fill it. However, they are incapable of fulfilling the responsibility. They are putting all the responsibility on the doctors, without saying who will pay the expenses,” said Agarwal.

“The government is silent on our protest as it is a populist approach, whereas they are strangulating us,” he added.

Doctors from the Govt and Private sectors from all districts of Rajasthan gathered in Jaipur to protest the #RTH bill. Over 50000 medical and paramedical personnel attended the rally. @aajtak @narendramodi @mansukhmandviya @ashokgehlot51 @Jansatta pic.twitter.com/Ek0P7M9GN1

— Indian Medical Association (@IMAIndiaOrg) March 27, 2023

Also read: Kerala public health sector a divided house as key Bill is passed

‘Enshrined in the Constitution’

Speaking to South First, IMA National President-Elect Dr RV Asokan said that the Right to Health was enshrined in the Constitution.

“As the Constitution asks for it, it is imperative for the state to fulfil it and guarantee healthcare to its citizens. The government has to build infrastructure and take care of the citizens,” said Asokan.

He added that the Rajasthan government’s Bill had equally divided among private healthcare institutions the responsibility given to it by the Constitution.

“This is wrong, as it’s the duty of the state, and not private institutions, to take care of its people,” said Asokan.

Dr. R V Asokan, National President elect, IMA HQs. protests #RTHBill by black ribbon pic.twitter.com/IdpdxpHbpc

— Indian Medical Association (@IMAIndiaOrg) March 27, 2023

It should be mentioned that the Constitution of India does not explicitly recognise the “Right to Health” as a fundamental right under Part III of the Constitution (Fundamental Rights).

However, through judicial interpretation, Article 21 of the Constitution guarantees the right to life and personal liberty. This has been interpreted by courts to include the Right to Health as an essential component of the right to life.

In a judgement in 1984, the Supreme Court of India held that dignity and health fall within the ambit of life and liberty under Article 21.

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‘The term emergency is vague’

IMA members in Telangana also protested against Rajasthan’s Right To Health Bill. (Supplied)

Asokan said that the Right to Health Bill defines “emergency treatment” vaguely.

“The Bill says that whatever emergency comes to private hospitals should be treated for free. Here, they have not defined what an emergency is. If a woman in labour comes directly to the emergency ward, are we also going to treat it as an ‘emergency case’, where the delivery will be done free of cost? How are you going to define ’emergency? For people, everything is an emergency,” explained Asokan.

He said that the Bill was passed in the Legislative Assembly for political benefit.

“They just want to show that they are concerned about it. If they are concerned, they should have invested in healthcare. They cannot pass on what the Constitution has asked them to do to private institutions,” said Asokan.

‘The healthcare sector will collapse’

Asokan also said that the private healthcare sector was already obliging the government when it came to several schemes, where the pricing was being done at a discounted rate.

“These are small hospitals and clinics that are doing the first emergency service. If they have to do the service for free, who is going to pay the rent, electricity bill of the clinic, or even staff salaries? The entire system will collapse,” he noted.

Agarwal asked that even if private institutions provided the service for free, “Who will be reimbursing the cost of free treatments meted out to patients?”

He continued: “Also, the Bill states that in case a private hospital is unable to provide the required treatment, they have to provide the victims with ambulance transfer services for referral to other hospitals. Who is going to pay for the ambulance?”

Then there is Section 13 of the Bill, which states:

Penalties: Any person who knowingly contravenes any provision of this Act or any Rule made thereunder shall be punishable with a fine up-to rupees ten thousand for the first 41 contravention, and up-to rupees twenty-five thousand for the subsequent contraventions.

This will be decided by the state/district health authority.

“They have appointed an authority to oversee it. Anybody can go and complain to the authority. The number of complaints these authorities are going to receive is going to be phenomenal, and the hospitals and doctors are going to be harassed for things for which even they are not charging. There is inbuilt injustice in this Bill,” said Asokan.

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‘Exempt the private sector’

Asokan referred to the Supreme Court’s judgement in 1995 in which the apex court held that timely medical aid was an integral part of the right to life, as per Article 21.

“The judgement said that no institutions, private or government, and no doctors should withhold service in the case of emergency, irrespective of the capacity to pay. It already exists,” said Asokan.

“We are only asking that they exempt private institutions from this Bill. If they want to provide anything, they can build the capacity in government hospitals and provide it. They can also include private hospitals and clinics that benefit from the government, but including all private hospitals is not a good idea,” he added.

He further said that the government can spend money on building health infrastructure and, if it’s not possible, then it should buy at least healthcare insurance such as Ayushman Bharat for the citizens who can avail services at any hospital.

“The patient will get treated well and the hospital will get the money from the insurance company, it’s best for everyone,” suggested Asokan.

He also said that as the Bill was populist in nature, other states would try to copy it.

“We understand that other states will also try to bring in something similar, and that’s why the IMA is against it at the national level,” said Asokan.

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