The Right To Health – Uneasy Silence

Diseases and mishaps must have had their grip over humans ever since they came into existence. The Court through its judgment rendered by S.C.Agarwal J. ordered that for dealing with emergency cases the State must ensure that Adequate facilities are available at the Primary Health Centres where the patient can be given immediate primary treatment so as to stabilize his condition; Hospitals at the District level and Sub-Division level are upgraded so that serious cases can be treated there; Facilities for giving Specialist treatment are increased and are available at the hospitals at District level and Sub-Division level having regard to the growing needs; In order to ensure availability of bed in an emergency situation at State level hospitals there should be a centralized communication system so that the patient can be sent immediately to the hospital where bed is available in respect of the treatment, which is required; Proper arrangement of ambulance is made for transport of a patient from Primary Health Center to the District hospital or Sub-Division Hospital and from the District hospital or Sub-Division hospital to the State hospital; The ambulance is adequately provided with necessary equipment and medical personnel; The Health Centers and the hospitals and the medical personnel attached to these Centers and hospitals are geared to deal with larger number of patients needing emergency treatment on account of higher risk of accidents on certain occasions and in certain seasons. The Health Centres and the hospitals and the medical personnel attached to these centres and hospitals are geared to deal with larger number of patients needing emergency treatment on account of higher risk of accidents on certain occasions and in certain season Any doubt regarding the scope and ambit of right to health was set at rest by the Supreme Court in State of Punjab v Mohinder Singh Chawla wherein it was held that right to health is integral to right of life and that government has constitutional obligation to provide the health facilities. Right to health facilities in train Again in Ram Dutt Sharma V Union Of India the court held that state should provide medical treatment in train while person is travelling in train and stated that emergency can happen to anyone at any time to preserve life of persons who travels in train a medical facility is needed in train the court issues following order in public interest. Right of health of accident victims and resultant obligations Finally in S Rajashekhran v Union of India the court fully looked in to emergency medical care system prevailing in India and made following observations.