Why delay in implementing Rajasthan health rights law?, asks Jan Swasthya Abhiyan

By A Representative
The Jan Swasthya Abhiyan (JSA) Rajasthan chapter, in a letter to Chief Minister Ashok Gehlot, endorsed by more than 70 organisations and networks, has demanded framing and notification of rules to the Rajasthan Right to Health Act 2022, wondering why the law has not yet begun being implemented.
JSA regretted, a high level committee under the chairpersonship of Dr SK Sarin, director, Institute of Liver and Biliary Science, was constituted by the government in July this year to frame the rules, “yet there has been no progress in this regard.”
Expressing concern regarding delay in framing and notification of the rules for the Act, putting to question the State government’s intent to implement the Act in its true spirit, JSA demanded that the process be expedited and the rules be framed at the earliest, as in the absence of it the Act remains only on papers and people continue to remain deprived of the various rights and provisions stipulated under it.
It said, the rules must be framed and notified before the code of conduct for the upcoming elections come into being.
The State health rights Act made Rajasthan the first State in India to give every resident the right to avail free Out Patient Department (OPD) services and In Patient Department (IPD) services at all public health facilities. Additionally, similar healthcare services are sought to be provided free of cost at selected private facilities.
Critics said, the Act does not mention whether private healthcare professionals will be reimbursed by the government. Claimed non-profit PRS Legislative Research, "If the government does not reimburse the cost, the private establishments will have no revenue, and would likely shut down.”
Critics also said, implementation of the Act would increase the expenditure of the State budget as no additional arrangements to cover the costs have been made by the government.
Sections of Rajasthan doctors said, the Act will increase the incidents of violence against doctors. They added, the Act does not appropriately defining the term emergency.
While the State government was accused of using the Act to win elections in the upcoming 2023 Rajasthan Legislative Assembly elections, it was passed in the State assembly amidst protests by healthcare professionals.
Opposing the provisions of the Act, the Indian Medical Association called for country wide protests and threatened to shut countrywide services. The All Rajasthan In-Service Doctors Association also called for shut down of healthcare services in the State. The protestors met with government opposition. Police used water cannon and baton charge against the protestors.

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