Health is one of an individual’s most valuable possessions, and in a huge and diverse country like India, defending public health necessitates not only healthy practices but also an understanding of legal rights. Along with lifestyle and hygiene, recognising basic health rights is critical for general well-being. The Indian government has enacted various laws and programs to make healthcare safer, more accessible, and accountable to all inhabitants.
This article aims to highlight important health-related laws, government schemes, and patient rights in India. It also aims to raise awareness about how these safeguards contribute to a more resilient and healthier society.
World Health Day has been commemorated since 1950, commemorating the establishment of the World Health Organisation (WHO) in 1948. The day serves as a global reminder of the value of health and the need to make great healthcare available to all people. Every year, WHO announces a topic centred on a significant health issue. The theme for 2025 is “Healthy beginnings, hopeful futures,” emphasising the importance of solid foundational health practices, adequate healthcare, safe settings, education, and proper nutrition starting in childhood. The concept is straightforward: a healthy start guarantees a safe and happy future. This topic emphasises the concept that health is not just a necessity, but also a fundamental right for all humans.
There are numerous health-related legislation in India that are intended to safeguard citizens and control the healthcare sector.
1. Indian Constitution: Article 21 protects every citizen the right to a healthy life, whereas Article 47 requires the government to improve public health, nutrition, and encourage an addiction-free lifestyle.
2. Consumer Protection Act of 2019: Patients can register complaints under this statute if they believe medical malpractice, inadequate treatment, or improper care occurred. Hospitals, doctors, nursing homes, and diagnostic centres are held accountable for the services they offer.
3. Clinical Establishments Act of 2010: This law requires the registration and regulation of hospitals, laboratories, and clinics with the aim of maintaining transparency, quality, and safety in healthcare services.
4.Drugs and Cosmetics Act of 1940: It regulates the quality, manufacturing, and distribution of medicines and cosmetics in India. The statute authorises authorities to take harsh action against counterfeit or inferior medical products.
5. Food Safety and Standards Act (2006): The act assures that all citizens receive safe, sanitary, and high-quality food. The Food Safety and Standards Authority of India (FSSAI) oversees food safety regulations and licensing.
6. Epidemic Diseases Act of 1897: This law gives the government special authorities during epidemics, including enforcing quarantine, mandating masks, vaccination campaigns, and limiting public gatherings—measures that were heavily used during the COVID-19 pandemic.
7.Mental Healthcare Act, 2017: This revolutionary legislation guarantees individuals with mental illnesses the access to dignified treatment, privacy, and freedom from discrimination. It prevents forceful treatment or detention without agreement, hence enhancing patient autonomy.
8.Transplantation of Human Organs and Tissues Act of 1994: This act governs organ donation and transplantation, preventing illegal organ trading as well as the removal or sale of organs without authorisation.
9. Medical Termination of Pregnancy Act (1971): This law establishes safe and legal abortion options under specific conditions, protecting a woman’s right to obtain safe medical care in situations that endanger her physical or mental health.
Several national policies support India’s healthcare system, with the aim of enhancing access to medical treatments, particularly among the economically disadvantaged.
1. Ayushman Bharat Scheme: This is one of the world’s largest health insurance systems, offering annual coverage of up to ₹5 lakh per family for free care at government and private facilities.
2. National Health Mission (NHM): NHM aims to improve healthcare services in both rural and urban locations. It focuses on primary care, maternity and child health, and preventive measures.
3. Pradhan Mantri Jan Aushadhi Yojana: This program delivers low-cost, high-quality generic medications through Jan Aushadhi outlets across the country.
4.Mission: Indradhanush: The initiative, which aims to vaccinate children aged 0 to 5 years old and pregnant women, assures immunisation even in distant locations through active outreach by healthcare staff.
5. Maternal and Child Health Scheme: This program improves the health of pregnant women, breastfeeding moms, and newborns by providing nourishment, vaccines, medical check-ups, and access to basic healthcare services.
6. Pradhan Mantri Surakshit Matritva Abhiyan (PMSMA): Pregnant women receive free monthly check-ups through this initiative, which reduces risks and difficulties throughout pregnancy.
7. COVID-19 initiatives: During the epidemic, the government provided free testing, immunisations, and treatment, emphasising the significance of a robust public health system.
Indian patients have various essential rights, including:
• The right to prompt and appropriate care.
• Access to comprehensive information about illnesses and medications.
• The right to privacy and confidentiality.
• Right to obtain a second medical opinion.
• Right to safe medical care.
• Right to make complaints for carelessness.
• The right to respectful and non-discriminatory treatment.
• Access to vital medicines and healthcare services.
Understanding and exercising health-related rights is critical for all citizens. The Indian government implements a variety of laws, regulations, and healthcare initiatives to protect public health and safety.
As Adv. Abdul Mulla pointed out, citizens can learn about these legal rights through sites such as www.asmlegalservices.in and www.lifeandlaw.in. True development occurs when people stay aware, proactive, and accountable for their own well-being.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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