Role of law in addressing current health issues in India

Health care is an important topic to be discussed. As we are following parliamentary form of

In my opinion the law makers in India have considerably enacted laws for ensuring the health
and safety for its citizens . As the circumstances and health conditions are changing rapidly the
laws should be evolving with it . Even if we all believe that laws can only do till an extent the
scope of its exercise is very wide as through the fields of education, technology, awareness
programs, providing rights, rules , rights , offences , standards etc. which should be put to its
maximum capacity to attain the goals . India has been addressing property eradication since its
independence and it has still not achieved so laws in addressing the health should be evolving
and changing according to the needs

In India the fundamentals of the law relies upon the constitution , in that the Article 21
guarantees right to life and personal liberty and through judicial interpretations in several cases
the courts have expanded its scope to right to health , right of preservation of ones own life ,
right to live with dignity, access to health care , right to have a clean environment . The
involvement of the judiciary how it has addressed it in every cases are remarkable . Legislation
have legislated key legislation addressing health issues which among them are public health
policies , Epidemic diseases act , food and safety act , labour welfare legislations . The food
safety and standards act have laid down standards of food , its certification and it restricts the use
of adding food colours and others harmful ingredients in the food produced and by creating a
benchmark it ensures that the food that the people are consuming are safe for themselves and
they know about what they are taking inside . Laws have been enacted for advertising so that the
people will not deceived from harmful products the manufacturers cannot make false statements
about the products . The epidemic disease Act 1897 is a colonial act which was enacted by the
British later on adopted by the Bombay . This act empowers state government and union
territories to formulate regulations to contain the outbreak. We all understood the importance of
controlling an epidemic situation during COVID -19 period . The nature of the disease was of a
serious nature and it was spreading rapidly the involvement of the government declaring curfews
, self isolation protocols, sanitation, rule to wear masks compulsory was a success to a limit to
control the spreading of disease The environmental laws are enacted with the primary concern of
protecting all the natural resources , animals and plants and living organisms and health and
safety of the Human beings . The sustainable development adopted is centred on conserving and
protecting the all the natural resources for the future generations without compromising the
needs of the future generations . The environment laws like environmental protection Act , water
act , Air Act . The water act was enacted for the object of the restoring the wholesomeness of
the water , the act establishes boards on central and state levels in order to perform certain
powers and functions which ensure and regulate the water preservation , control and abatement
from water pollution. Water is an essential element for a human being to sustain the laws to
secure the safe drinking water is very essential . The Air act is enacted in order to give rules and
guidelines for the industries that discharge chemicals that pollutes the air which can have a
adverse effects

Mental health legislations such as Mental health Act , 2017 . This legislation shows how law
gives importance to mental health . In this act was enacted in pursuance of obligations under the
united nations conventions on Rights of persons with disabilities (UNCRPD ) the act has clearly
mentioned about what is not mental illness , in that the Act have specified that homosexuality or
identifying with different gender identities is not a mental illness and this Act also highlights
about the importance of Informed consent of the patients

National health policy which is an initiative by central government . In this policy various topics
related to health have been discussed such as disease prevention, promotion of health through
cross- sectorial actions , health investment, technological advancements etc. . It is a framework
that outlines a country’s health care goals , strategies . The government publishes periodically
about the future health programs

Particularly in Kerala various schemes and acts have been enacted by the government such as
Kerala public health Act , 2021 , karunya arogya suraksha padhathi , Aardram mission ,
Annapoorna scheme which provides 10 kg of rice free of cost to people , public distribution
systems , supplyco , mid-day meals all have a good impact in ensuring that the people will get
essential nutrients and by affordable rates

Thinking about the redressal the people might not always want the criminal proceedings to be
taken against the other party . The damages suffered by them will only be recovered through
compensation. The consumer protection Act enables the people to file as a consumer in cases for
seeking compensation in case of medical negligence, ill treatment etc.
Public interest litigation has a an important role as in case of India , the persons who are
suffering may not be in a financial position or due to other difficulties cannot file go for the
judicial remedies. Hence public interest litigation enables other people to give cases on the
interest of them which not only gives the affected people the remedy but also, the issue to be
know to the society and other authorities
Labour laws such as factories act lays down that the employer should ensure that there is an
availability of safe drinking water facility to its workers and there should be safe working
conditions and environment for the workers. And it also gives certain penalties and punishment
for violating such rules

The legislature have enacted National AIDs control Act and other Diseases specific legislations
for protecting and spreading of such diseases . The laws have been enacted such as tobacco
control laws in order to reduce the smoking rates and associated health issues the government
have established small authorities , boards and institutions for the managing and for the health of
the citizens and some states have enacted some acts which are applicable for their own sate and
Rajasthan is the first state to pass Right to health care Act 2022

Medical negligence is an important topic in addressing health law . The medical negligence
occurs when a doctor has a duty to perform and he commits a breach by his negligence and
which have resulted in damages . The law has give the medical negligence criminal as well as
civil liability. The problem with this is that in order to prove that the medical negligence has
occurred the affected persons has to prove that there was a duty upon the person by saying that
there was a standard of care . And in most of the cases these standard of case cannot be proved as
there is no proper legislation or rules regarding how the doctors or the health care providers
should act upon .

Laws have an important role in addressing the health law and it is a success to an extent but there
is gap between the laws and the practice . Even though numerous acts , schemes and guidelines
have been enacted still there is lacking of a proper health provision in India . As to case of
medical negligence there is need of enacting standards of care by the health care providers , even
if the governments are providing free good grains and other essentials for free how far it reaches
the people in need is still a question. Even if right of health and right of access health care is
interpreted as a right within the meaning of Article 21 . The health of the citizens having a
greater importance should de addressed separately. In my opinion the laws relating to health in
India should be standardised and the enforcement of the schemes and polices should be
monitored periodically in order to make sure that they are serving their true purpose
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