The Right to Health and Palliative Care Policy in India-The right to health and access to healthcare services is a fundamental human right recognized by the Indian Constitution and various international treaties. In recent years, India has made significant strides in improving access to healthcare, including palliative care. This progress includes considerations of banking and insurance law to facilitate better access to medical services. For instance, financial institutions and insurance providers play a crucial role in providing financial coverage for healthcare, including palliative care, thus making it more affordable and accessible to a larger population. In this blog, we will explore the right to health and palliative care policies in India, focusing on legal frameworks, challenges, and ongoing efforts.
Legal Framework for the Right to Health
Constitutional Provisions: Article 21 of the Indian Constitution guarantees the right to life and personal liberty, which has been interpreted by the courts to include the right to health and healthcare services.
National Health Policy: India’s National Health Policy (NHP) 2017 emphasizes universal healthcare access, affordability, and quality. It prioritizes preventive and curative healthcare and includes provisions for palliative care.
The Drugs and Cosmetics Act: This act regulates the use of controlled substances, including opioids, which are essential for pain management in palliative care.
The Narcotic Drugs and Psychotropic Substances (NDPS) Act: This act governs the production, distribution, and use of narcotics and psychotropic substances. Amendments in 2014 aimed to improve access to essential medicines for palliative care while preventing misuse.
Palliative Care Policy in India
Definition: Palliative care is a specialized medical care approach that focuses on providing relief from pain and other symptoms of serious illness. It aims to improve the quality of life for patients and their families.
National Program for Palliative Care (NPPC): Launched in 2012, the NPPC aims to integrate palliative care into the healthcare system at primary, secondary, and tertiary levels. It includes training healthcare professionals and setting up palliative care units across India.
Palliative Care Guidelines: The Indian Association of Palliative Care (IAPC) has developed guidelines to standardize palliative care practices across the country.
Challenges in Palliative Care Access
Awareness: There is a lack of awareness among the general public and healthcare providers about palliative care and its benefits.
Availability: Palliative care services are not uniformly available across India, with significant disparities between urban and rural areas.
Training and Education: Many healthcare professionals lack specialized training in palliative care, leading to inadequate care for patients.
Cultural Barriers: Cultural beliefs and stigmas surrounding death and dying can impact the acceptance and delivery of palliative care.
Ongoing Efforts and Initiatives
Capacity Building: Efforts are underway to increase the number of trained palliative care professionals through specialized courses and training programs.
Community Engagement: NGOs and community-based organizations play a crucial role in raising awareness and providing palliative care services.
Policy Advocacy: Advocacy groups work to improve policies and regulations related to palliative care, including access to essential medicines and pain management.
Research and Innovation: Research initiatives focus on finding innovative approaches to improve palliative care services and patient outcomes.
Conclusion
The Right to Health and Palliative Care Policy in India-The right to health and access to palliative care is essential for ensuring the well-being and dignity of individuals facing serious illnesses. India has made notable progress in this area through policies and initiatives, but challenges remain. Continued efforts in policy implementation, education, and community engagement are necessary to further enhance palliative care services and uphold the right to health for all citizens. LegalEye Firm is committed to monitoring these developments and advocating for the legal and policy changes needed to ensure equitable access to palliative care across India.