Patient rights in Rajasthan’s new law are key to fundamental right to health care

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E. Premdas Pinto

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May 21, 2023, 1:38:56 AM5/21/23
to edward...@apu.edu.in, E.PREMDAS
Dear Friends,
Happy to share with you this piece on the issue of patient rights and the relevance of the law guaranteeing the same. The article analyses the new Act from the perspective of patients' rights.

Opinion: Patient rights in Rajasthan’s new law are key to the fundamental right to health care

https://citizenmatters.in/rajasthan-right-to-health-care-act-patients-doctors-33367

RAJASTHAN RIGHT TO HEALTH CARE ACT: THE BROADER IMPLICATION

Nurse interacting with patients in a hospital ward. The RRTH Act fulfils the historical void that existed in safeguarding  patient rights in India, writes the author. Representational image. Pic courtesy: ILO Asia Pacific via Flickr (CC BY-NC-ND 2.0)

The Rajasthan Right to Health Care Act (the RRTH Act) passed by the legislative assembly of the state of Rajasthan on March 21st this year, draws our attention to the quintessential issue of patients’ rights in healthcare. In the doctor-centric health care system in India, patient rights seldom feature in public debate, are rarely considered integral to realising our citizenship, and are not legally defined. Yet, patient rights form a very significant component of citizens’ fundamental right to health care. 

The Right to Health Care Act is framed with the objective of ensuring health for all, and also conversely, that healthcare is never denied to any citizen. It proposes to legally define collective and individual rights in health care, constitute state and district authorities, and institute grievance redressal and social accountability mechanisms. 

In a calibrated move, the Act also details the rights of doctors and health care providers, while laying down the duties, both of doctors as well as of the government. 

Key provisions of the RRTH Act

  • Collective and individual rights and duties of residents (citizen is indicated as resident referring to whoever resides in the state of Rajasthan), and rights and duties of health care providers (Ch.II)
  • The obligation of the government (e.g. to provide adequate financial resources, Ch.III)
  • Constitution of health authorities at the state and  district  level, and their duties and powers
  • Grievance redressal and social accountability mechanisms (Ch.VI)
  • Penalties and procedures – punishments and appeals (Ch.VI)

Regards

Eddie Premdas
--
Edward Premdas Pinto
Faculty
School of Development
Azim Premji University
Bengaluru (India)
Health Justice In India: Citizenship, Power and Healthcare Jurisprudence 
 
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