Right to Health Bill: Rajasthan Minister threatens action against protesting doctors, police resort to lathi charge

Jaipur, Rajasthan: On March 22, the private doctors continued to protest against Congress-led Rajasthan Government’s ‘Right to Health Bill’ in Jaipur. Rajasthan Police resorted to water cannons and lathi charges to disperse the protests. The protesting doctors alleged that police officials engaged in a physical altercation with the doctors, tore their clothing and mistreated women doctors. Meanwhile, the Rajasthan Government passed the Right to Health Bill.

Rajasthan Minister Parsadi Lal Meena reacted to the doctors’ protest, “When this bill has been unanimously passed in the Assembly and a law has been made, then everyone has to accept it and no one can disobey the law,” ANI reported. He added, “Chief Minister Ashok Gehlot has also appealed to the doctors and I am also appealing to them to return to work, otherwise the government will take necessary action.”

The Right to Health Bill mandates free emergency care. The protesting doctors stated that the bill does not define ‘emergency’ while promising free emergency care. Furthermore, the protesting doctors raised concerns about reimbursements made under the bill as the doctors have to make payments to staff and nurses and maintain medical tools and equipment.

PRS Legislative Research India said, “under the Bill, a resident of Rajasthan has the right to avail free healthcare services from any clinical establishment, such as hospitals, clinics, laboratories. This will include private establishments. The Bill does not specify if the state will reimburse private clinical establishments for providing such free services.” It added, “This may violate Article 19(1)(g) of the Constitution, which guarantees the right to practice any profession or carry on any occupation, trade or business.”

Furthermore, PRS Legislative Research India observed, “An obligation on the private sector to provide free services to residents implies that no resident will pay any charges. If the government does not reimburse the cost, the private establishments will have no revenue, and would likely shut down.”

It added, “In 2007, the Delhi High Court had ruled that the state’s obligation to provide healthcare to its citizens is equally imposed on private hospitals that take concessional land from the state. Such hospitals have an obligation to provide free treatment to 10% Out-Patient Department (OPD) and 25% In-Patient Department (IPD) patients. While there is an obligation on private health care establishments that received concessional land, no such obligation is cast on establishments that have not received land concessions.”