What Happened
- Rajasthan Health Minister Gajendra Singh Khinvsar questioned the need for the Right to Health Act in the state Assembly, stating that the government's existing health schemes make the law unnecessary.
- The minister argued that the Rajasthan Right to Health Act, 2022 (notified in 2023) was passed by the previous government for electoral gains without adequate stakeholder consultation and just before the Model Code of Conduct came into effect.
- He cited the state's Maa Yojana (providing health coverage up to Rs 25 lakh for 5 crore beneficiaries) as sufficient to ensure healthcare access.
- Opposition MLAs, including former Chief Minister Ashok Gehlot, condemned the remarks as "insensitive" to economically disadvantaged citizens and accused the government of "surrendering to the medical lobby."
- Congress legislators staged a walkout after the government failed to clarify whether it intends to implement the Act, whose implementation rules remain unframed despite being notified over two years ago.
Static Topic Bridges
Right to Health as a Fundamental Right Under Article 21
While the Indian Constitution does not explicitly guarantee a right to health as a fundamental right, the Supreme Court has consistently read it into Article 21 (right to life and personal liberty). In Consumer Education and Research Centre v. Union of India (1995), the Court held that the right to health and medical care is a fundamental right under Article 21. Article 47, a Directive Principle of State Policy (DPSP), requires the state to regard the improvement of public health as among its primary duties. The judiciary has used the interplay between Article 21 and DPSPs to expand the ambit of health rights.
- Article 21: Right to life includes right to health (judicial interpretation)
- Article 47 (DPSP): State shall improve public health as a primary duty
- Bandhua Mukti Morcha v. Union of India (1984): DPSPs must be duly implemented by the state
- Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996): Government cannot deny emergency medical treatment due to lack of facilities
- India's public health expenditure: Approximately 2.1% of GDP (Union Budget 2025-26 target: 2.5%)
Connection to this news: The Rajasthan Right to Health Act was an attempt to legislatively codify what the Supreme Court has recognised as a fundamental right. The current government's reluctance to frame implementation rules raises questions about the state's fulfilment of its constitutional obligation under Article 21 and the DPSPs.
Rajasthan Right to Health Act, 2022 -- Key Provisions
The Rajasthan Right to Health Act (Act No. 7 of 2023), passed by the state legislature in 2022 and notified in April 2023, guarantees every resident the right to emergency treatment at both public and private healthcare facilities without prepayment. It mandates that no hospital or doctor can refuse a patient seeking emergency care, with penalties ranging from Rs 10,000 to Rs 25,000 for violations. The Act entitles residents to free OPD and IPD services, consultations, medicines, and diagnostics at public health institutions. Emergency care includes accidents, animal or snake bites, pregnancy complications, and other situations defined by the State Health Authority.
- Passed: 2022; Notified: April 2023; Implementation rules: Still not framed
- Emergency treatment mandatory at both government and private hospitals without advance deposit
- State reimburses private hospitals for stabilisation and transfer of patients who cannot pay
- Penalties: Rs 10,000 (first violation), Rs 25,000 (subsequent violations)
- Faced strong opposition from private medical practitioners, leading to strikes
Connection to this news: The minister's statement that the Act is unnecessary effectively signals the government's intent to let the legislation remain a dead letter by not framing implementation rules, despite it being a duly enacted state law.
State Legislative Authority Over Health
Health is listed in the State List (Entry 6, List II of the Seventh Schedule), giving state legislatures exclusive competence to enact laws on public health and hospitals. This means states can independently legislate on health rights without requiring central approval. Rajasthan became the first state in India to enact a comprehensive right to health law, though several other states including Tamil Nadu, Assam, and Meghalaya have explored similar legislation.
- Entry 6, State List: "Public health and sanitation; hospitals and dispensaries"
- States have exclusive legislative competence on health matters
- Rajasthan was the first state to pass a comprehensive Right to Health Act
- National Health Policy 2017 advocated for a rights-based approach to healthcare
- The 15th Finance Commission recommended increased health spending by states
Connection to this news: The controversy highlights a governance challenge -- a duly enacted state law can be rendered ineffective if the succeeding government simply refuses to frame the subordinate legislation (rules and regulations) needed for implementation, raising questions about legislative continuity and accountability.
Key Facts & Data
- Rajasthan Right to Health Act: Passed 2022, notified April 2023, rules still not framed
- Key guarantee: Emergency treatment at all hospitals (public and private) without prepayment
- Penalties for non-compliance: Rs 10,000 to Rs 25,000
- Maa Yojana: Health coverage up to Rs 25 lakh for 5 crore beneficiaries (cited by the minister as alternative)
- Health is a State List subject (Entry 6, List II, Seventh Schedule)
- India's public health expenditure: Approximately 2.1% of GDP
- Article 21 + Article 47: Supreme Court has read right to health into the fundamental right to life