Impact of Legal Regime on Healthcare Services in India – A Critical Analysis

Abstract

Right to healthcare has been interpreted in India through judicial activism under Article 21 of the Indian Constitution. The jerk lying underneath is easy and equitable access and regulation of healthcare services. The healthcare has emerged as a vast sector and the stakeholders are providers, medical professionals, and the patients. The duty to protect and improve public health is casted on the state and the rights and duties come into the question. The overlapping duties and interests of patients and professionals are a key point to solve the issue and law has to play a vital role by regulating the services provides and defining the duties and rights for all. At the same time a proper mechanism has to be in place to handle this vast sector. Unfortunately in India the legal regime on healthcare is far behind the developed countries and it needs to be synchronised with a goal to provide easy accessible and affordable access to all and at the same time the healthcare professionals and providers need to be protected. This paper focuses on the impact factors caused by legal regime on all the stakeholders along with the concurrent challenges and various global factors that are spurting at different levels.