The State's Right to Emergency Treatment

Last month, Rajasthan became the first state to enact a Right to Health Act. The legislation sparked massive protests from the medical community, with the protests finally being called off on April 4, after an agreement was reached, on the applicability of the law. The Act gives every resident of Rajasthan the right to emergency treatment care without prepayment of fees at designated health centres -- a provision that was contentious. The private healthcare sector had called the Act "draconian" and was apprehensive of the government’s interference in their functioning after the enforcement of the law.

But does the private medical sector, which forms a huge segment of the healthcare sector in our country, need legislation? Should emergency care be provided to every resident in need of it at any hospital that is able to provide it? Should the Right to Life, enshrined in our Constitution, also guarantee all citizens the Right to Health in India?

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